E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION
Vol. 148 WASHINGTON, WEDNESDAY, MARCH 20, 2002 No. 33 Senate The Senate met at 10 a.m. and was appoint the Honorable E. BENJAMIN NELSON, on this debate than we earlier thought. called to order by the Honorable E. a Senator from the State of Nebraska, to As the principal opponent of the bill, I BENJAMIN NELSON, a Senator from the perform the duties of the Chair. want to lock in a time for my final State of Nebraska. ROBERT C. BYRD, statement on the bill. Should cloture President pro tempore. be invoked and we are in the 3-hour PRAYER Mr. E. BENJAMIN NELSON there- postcloture period, I ask unanimous upon assumed the chair as Acting The Chaplain, Dr. Lloyd John consent I be allowed to give my final President pro tempore. Ogilvie, offered the following prayer: statement at 2 p.m. Lord God of truth, who calls us to ab- f The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- solute honesty in everything we say, RECOGNITION OF THE ACTING dered. we renew our commitment to truth. In MAJORITY LEADER a time in which people no longer expect The Republican leader. to hear the truth, or what’s worse, The ACTING PRESIDENT pro tem- Mr. LOTT. Mr. President, I apologize don’t see the need consistently to pore. The Senator from Nevada is rec- to Senator REID. I came in as he was speak it, make us straight arrows who ognized. wrapping up his remarks. hit the target of absolute honesty. Help f With regard to the time on the vote at 1 p.m., there has been some indica- us to be people on whom others always SCHEDULE can depend for unswerving integrity. tion maybe we could start that vote 10 May the reliability of our words earn Mr. REID. The Senate will resume minutes earlier. What is anticipated? us the right to give righteous leader- consideration of the Campaign Finance Mr. REID. I indicated there has been ship. Thank You for the wonderful free- Reform Act in a brief minute or two. some talk of that. I will discuss that dom that comes from a consistency be- The Senate will vote on cloture at 1 with the majority leader. It probably tween what we promise and what we p.m. We have received word there may would work to everyone’s advantage to do. You are present where truth is spo- be an effort to move the vote up a little move that up. We will do that as soon ken. Thank You for reigning supreme bit because of a meeting at the White as possible. in this Senate Chamber today. In the House. We will be happy to take that If I could have the attention of the name of our Lord and Saviour. Amen. under consideration. If cloture is in- Senator from Kentucky, just so we voked, there will be an additional 3 could have some idea because other f hours of debate prior to final passage of people wish to speak, do you have an PLEDGE OF ALLEGIANCE campaign finance reform. idea how long you wish to speak at 2 We have already had a number of re- p.m.? You can have as much time as The Honorable E. BENJAMIN NELSON quests for people to speak between 12 led the Pledge of Allegiance, as follows: you want. and 1 p.m. We would like to reserve Mr. MCCONNELL. I believe I control I pledge allegiance to the Flag of the that time for the two leaders and those the time on this side, unless the leader United States of America, and to the Repub- lic for which it stands, one nation under God, who have been so active in supporting wants to control the time. I could use indivisible, with liberty and justice for all. this bill: Senators FEINGOLD and up to an hour during that period, be- MCCAIN, and Senators MCCONNELL and ginning at 2 p.m. f GRAMM in opposition thereto. People I have one other request on this side APPOINTMENT OF ACTING desiring to speak on this legislation for an extensive amount of time, and PRESIDENT PRO TEMPORE should get over here and do that now that is Senator GRAMM of Texas, who because the time between 12 and when The PRESIDING OFFICER. The was going to speak from 12 to 1, but I we vote on this will be jammed with clerk will please read a communication gather others are requesting that same Members most directly involved on the to the Senate from the President pro period. bill. Mr. REID. In response to my friend tempore (Mr. BYRD). We will move this vote up if the mi- from Kentucky, what we are going to The assistant legislative clerk read nority wants us to do that, and we ask try to do, even though it is not part of the following letter: Members to move as quickly as pos- the consent, is work back and forth on U.S. SENATE, sible. the time. Senator GRAMM certainly de- PRESIDENT PRO TEMPORE, Washington, DC, March 20, 2002. The ACTING PRESIDENT pro tem- serves extended time on this most im- To the Senate: pore. The Senator from Kentucky. portant issue. I was thinking we would Under the provisions of rule I, paragraph 3, Mr. MCCONNELL. Mr. President, we do it by process of elimination: major- of the Standing Rules of the Senate, I hereby have ended up with a little more time ity leader, the minority leader wishes
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S2095
.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2096 CONGRESSIONAL RECORD — SENATE March 20, 2002 to speak, you wish to speak during that some harm, in place of good. To have restricting broadcast advertising for 60 period, Senators MCCAIN and FEINGOLD no amendment capable of changing it days before an election. This is the don’t wish to speak. Then we will get is a very bad process that will result in part of the bill that I think is unconsti- back to you right away and maybe you a bad bill. tutional. How many times have we want to speak later or both times. Last year I proposed several reforms heard that a large portion of the voting Mr. MCCONNELL. Since I will be that were in a bill I introduced. I am public really doesn’t focus on the cam- controlling an hour and a half of the glad to see included in the current leg- paign until 2 weeks before the election? precloture time, I will try to work that islation a provision that limits the A poll taken 2 weeks before an election out in such a way to accommodate amount of loans a candidate can repay, is not really valid, and any candidate Senator GRAMM. Senator HUTCHISON of loans made to his or her own race. But will tell you that, because so much can Texas is here to use some of our time. there are several provisions I intro- happen in that last 2 weeks. That is We will be happy to begin. duced that are not included in the bill. when the majority of the public begins First, I believe an inordinate amount to collect the data they have been get- f of campaign contributions can come ting in the mail to start studying it. RESERVATION OF LEADER TIME from outside a person’s home State or They start to listen to what is being said on television, which is where most The ACTING PRESIDENT pro tem- district. You can say: Make that an issue. Just tell everyone the majority people get their news. Now people are pore. Under the previous order, the just beginning to tune in, the heat is leadership time is reserved. of a person’s contributions are coming from outside the State. on, and we are restricting the capa- f But what we are doing in this bill is bility for that broadcast message. exacerbating the problem. In the bill I I think this is an area of free speech BIPARTISAN CAMPAIGN REFORM with which we cannot afford to tamper, ACT OF 2002 introduced last year, I said that 60 per- cent of campaign contributions should to lessen the capability to be heard in The ACTING PRESIDENT pro tem- come from a Member or candidate’s this medium. I think this is what will pore. Under the previous order, the home State or district, because I do be thrown out in the end. Senate will now resume consideration not think a group from outside the I have to say I do not like the idea of of H.R. 2356, which the clerk will report State should be able to drown out the voting cloture on a bill that has just by title. people of the State or district. The bill come back from the House, has been The assistant legislative clerk read that is before us today is going to amended in the House, and to say the as follows: allow outside groups, whose contribu- Senate really should not have the abil- A bill (H.R. 2356) to amend the Federal tors we do not know, to have unregu- ity to amend the bill because if we do Election Campaign Act of 1971 to provide bi- lated access to the system and limit that, somehow it will delay it further partisan campaign reform. the capability of parties whose contrib- and we may not ever get it to the The ACTING PRESIDENT pro tem- utors are made public. We are going to President. That goes against every- pore. Under the previous order, the have situations, especially in a small thing we stand for in a representative time until 1 p.m. shall be equally di- State, where the people of that State democracy where we have two bodies. vided between the two leaders or their can be totally drowned out by interest Specifically, we have two bodies so you can make sure you cover all the bases designees. groups in Washington, DC. The Senator from Nevada. I think we are creating a monster by because when one body passes a bill, Mr. REID. Before the Republican not putting in a limitation on how the other one may see something that leader leaves, it would be to everyone’s much you can raise outside the State. is different or they may find a mistake. interest to have the vote start at 12:50. I think that could severely hamper the We have seen that happen many times. All other provisions of the unanimous people of the State, especially a small To say: do not tamper with this bill consent agreement would be in effect. State, from having their views, ex- that the House just passed, pass it in- tact, is an incredible statement, espe- Mr. LOTT. I think that is the wise pressed through their contributions, cially when the sponsors of a bill say thing to do. I appreciate the coopera- able to be heard and not be drowned they are trying to open the political tion on that; is that a unanimous con- out by outside groups from another system. sent request? State or district. So that was not good Mr. REID. It is. We are closing the Senate in an effort in the bill, and I think the provisions to open the political system? Somehow Mr. LOTT. We would have no objec- that are in the bill make it worse. that does not pass the logic test. tion to that. So it is 12:50. One of the provisions that is in the I am going to vote against cloture. I The ACTING PRESIDENT pro tem- bill that I am very worried about al- think it is premature. If the bill is pore. Without objection, it is so or- lows unregulated special interest closed to debate, if cloture is invoked, dered. groups to raise and spend unlimited I will certainly vote against a bill that The Senator from Kentucky. amounts of soft money without any I think has tremendous flaws in its Mr. MCCONNELL. I yield to the dis- real reporting requirements. I really do treatment of fundamental rights in our tinguished Senator from Texas such not know who the contributors are to a country. time as she may desire. private group that decides to become I would like to see some reforms in The ACTING PRESIDENT pro tem- politically active, which they have the our system. I introduced a bill that I pore. The Senator from Texas. right to do. It is their freedom of thought had legitimate reforms. The Mrs. HUTCHISON. Mr. President, I speech. Anyone can buy time for a tele- few parts of my legislation that are in- thank the Senator from Kentucky for vision ad or newspaper ad or send out a cluded I appreciate. I think there are leading the effort to point out some of flier. You do not have to know who the good parts of this bill. But I cannot in the flaws in this campaign finance re- contributors are. But we have elevated good conscience vote for a bill that I form bill. This has been a long process. the status of groups such as that by think will hamper free speech and will Everyone knows how hard it is to get a curtailing the ability of our political tilt the balance of power away from ac- bill into final form. Frankly, we are parties, which have played a vital role countable political parties in favor of being asked to vote cloture on a bill in getting out the vote and informing unaccountable interest groups from that we have not debated since it came people about the nominees of that po- Washington, DC, whose supporters I do from the House. There are some flaws litical party. We are limiting the not even know, I have no idea who they in this bill. I don’t think it is unrea- amount of soft money that can go to are, and I will not be able to get that sonable to request the ability to have the political parties while outside information in any reasonable manner some amendments to try to correct the groups are not limited at all. I think under the bill that is being tested flaws. that is a blow to the political system, today on the Senate floor if we invoke Most people would like to see cam- and I think it is really against what cloture and the bill is passed without paign finance reform. There are flaws the bill’s backers would want. any amendments. in the current system. However, this In addition, I think the bill tramples The ACTING PRESIDENT pro tem- bill does not fix all of them. It does the principle of freedom of speech by pore. The Senator from Kentucky.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2097 Mr. MCCONNELL. Before the Senator Mrs. HUTCHISON. I thank the Sen- There was an amendment I had in the from Texas leaves the floor, I would ator from Kentucky for continuing to bill which would have changed a word like to commend her for an out- look at these bills in great detail. We or two in the Federal Election Com- standing statement. I listened care- have tried to offer amendments that mission Code that would have allowed fully to all her words. I just would might clear these constitutional chal- States to voluntarily move toward a point out what a wise observation she lenges. I know the Senator from Ken- public system, a system of public fi- made about the 60-day blackout period. tucky has tried to do that without suc- nancing, or partial public financing—a This bill seeks to make people go reg- cess. That is why we are here today. kind of clean money/clean election ef- ister with the Federal Government and But our Founding Fathers, who prob- fort. I think we received 36 votes for raise hard dollars in order to have the ably never envisioned television, had that amendment. I would like to have right to say anything about any of us the foresight to know that freedom of seen the sponsors of the legislation within 60 days of an election—unless speech was inviolate under our Con- support it because I think we could you own a newspaper. If you own a stitution. They gave us the clear lan- have passed it. I think it would have newspaper, you are exempt from every- guage of the Bill of Rights, and they strengthened the bill. thing. gave us a third branch of government— Frankly, I think you would have a This bill, I say to my friend from the Supreme Court—to protect us. lot of energy back in the States—in the Texas, sort of singles out various Thank you, Mr. President. I yield the States of Minnesota and Nebraska— groups for preferential treatment. If floor. where people could say: Listen, if we in you are a big corporation that owns a Mr. MCCONNELL. Mr. President, I our State want to have some kind of newspaper, you have no restraints. If reserve the remainder of my time. public or partial-public financing, it you are a big corporation that doesn’t The ACTING PRESIDENT pro tem- would have to be an agreed upon spend- own a newspaper, you have a bunch of pore. Who yields time? ing limit applied to Federal races, let restraints. So the effort here is to give If neither side yields time, the time us do it. some people more first amendment will be equally divided on both sides. I think it would have been wonderful rights than others. That is among the Mr. MCCONNELL. Mr. President, to see the energy back at the State things, in my judgment, that make Parliamentary inquiry: Does that hap- level and see people have more of a this bill constitutionally flawed. pen automatically? If there are no chance to organize. I dearly would have I congratulate the Senator from speakers, the time runs equally on liked to have seen that amendment Texas for her comments and observa- both sides? agreed to. tions. The ACTING PRESIDENT pro tem- However, I think we need to have Mrs. HUTCHISON. I say to the Sen- pore. The Senator is correct. some victories. I think that passing ator from Kentucky, I think that is the Mr. MCCONNELL. Mr. President, I this legislation—I thank both Senators part that is going to go first under the suggest the absence of a quorum, and I MCCAIN and FEINGOLD for their effort— constitutional challenge. We have ask that the time be equally divided will whet people’s appetite for more. I been, for over 200 years in this country, under the quorum. think we need victories in the reform protective of every media outlet, try- The ACTING PRESIDENT pro tem- area. That is why I support this legisla- ing to assure that there is no outlet pore. Without objection, it is so or- tion far more than any other reason. I that will be closed—other than the per- dered. The clerk will call the roll. don’t like to increase spending limits. I The assistant legislative clerk pro- son who yells ‘‘Fire!’’ in a crowded the- would like to have seen limits on pub- ceeded to call the roll. lic financing if States wanted to move ater, who could do harm. But other Mr. WELLSTONE. Mr. President, I forward with that. I certainly will be than that, to pick one medium and say ask unanimous consent that the order introducing that bill separately. I cer- you are going to have severe restric- for the quorum call be rescinded. tions and redtape and bureaucracy be- The ACTING PRESIDENT pro tem- tainly will have another vote on that. fore anything can be heard on your me- pore. Without objection, it is so or- I think we can get to 50 votes. Ulti- dium, but the other medium would dered. mately, I would like to see a system of have no restrictions whatsoever, is be- Who yields time? clean money/clean elections. But I be- yond comprehension when you read the Mr. FEINGOLD. Mr. President, how lieve overall, even with some mis- Bill of Rights. It is beyond comprehen- much time does the Senator desire? givings, that their piece of legislation sion. Mr. WELLSTONE. Fifteen minutes. represents a huge step forward. I can’t imagine that our Founding Mr. FEINGOLD. I yield 15 minutes to Let me point out again by way of Fathers would have envisioned we the Senator from Minnesota. analysis that the problem is 80 percent would even attempt something such as The ACTING PRESIDENT pro tem- of the money is hard money. No one this. At least they had the foresight to pore. The Senator from Minnesota. should have any illusion that if we pass put speech as our most important right Mr. WELLSTONE. Mr. President, I this legislation we are getting big and gave the Supreme Court the capa- thank my colleague. money out of politics. This legislation bility to check the Congress when they I wish to speak today about the cam- is the first step. It is not the last step. would violate such an important right. paign finance reform bill. This is a step It is important that we have a victory. Mr. MCCONNELL. It is as if the sup- in the right direction, for sure. It is important that people in the coun- porters of this bill and the owners of When this bill came to the floor in try can say now we can do more. I hope the newspapers who are so enthusiasti- 1995, I was an original cosponsor with that will be the direction in which we cally behind this bill think that news- Senator THOMPSON. First of all, there go. papers have greater first amendment are a couple of ways in which it is I want to, however, talk to what I rights than any of the rest of us. The weaker than before. One of the ways think is the strength of this bill, which court decisions over the years have has to do with raising the individual has to do with the prohibition on soft made it very clear that, while we do spending limits to $2,000. money, getting unaccounted for money have freedom of the press—I support It is interesting that during the last contributions—$200,000, $300,000, that, and the Senator from Texas sup- election 4 citizens out of every 10,000 $400,000, $500,000 or whatever—out of ports that—everyone else has a right to Americans made contributions greater politics. Of course, what the political speak at any time without undue inter- than $200. Only 232,000 Americans gave parties said, at least initially what ference. contributions of $1,000 or more. That some people said is we can’t give up all The Senator from Texas has pointed was one-ninth of 1 percent of the vot- of that soft money; it will weaken po- out one of the obvious flaws. There are ing-age population. By bumping the litical parties. I don’t think so. I think others, all of which will now unfortu- spending limits up, I think we just sim- it would be wonderful to see both polit- nately have to go through the courts to ply further maximize the leverage and ical parties have to get back to more be sorted out. the influence, and, frankly, the power rational politics. I think it would be I thank her for her statement. I of the wealthiest citizens in the coun- wonderful to see both political parties thought it was an important contribu- try. I regret that. I oppose it. But it is have to rely on smaller contributions. I tion to our closing debate today. part of the bill. think it would be wonderful to see both
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2098 CONGRESSIONAL RECORD — SENATE March 20, 2002 political parties having to be more con- It kept this bill out of a conference get more ordinary citizens back into nected to the ordinary citizens, which I committee. I remind my colleagues of politics. mean in a positive way, not in a pejo- that. We did not have to go to con- We are not there yet. This bill does rative sense. ference committee. We were able to get not get us there. But do you know The most controversial provision of the necessary number of votes in the what? It is a step forward. It is a vic- this legislation was an amendment I House of Representatives. The bill tory for the citizens in the country. I submitted on the floor of the Senate. I came back to the Senate, and we are think it is a victory for good govern- would like to speak about this amend- where we are. ment. It is not Heaven on Earth, but it ment. This was one of the toughest This is one of the two major provi- makes the political Earth a little bet- fights I have had in the Senate. sions of this campaign finance reform ter on Earth. When you see an editorial in the New bill. I point out to Senators, on both I am very pleased we are finally at York Times in which you are charac- sides of the aisle, in my view, this is this point. For me, there have been terized as not being a reformer, and one of the critical features because, many years of struggle on this ques- having offered an antireform amend- again, I am pleased to go after the soft tion. And I will finish where I started, ment, it is hard to take because, for money. I wish we did not raise the hard and I will say this. I apologize, in a me, ever since I have been in the Sen- money contributions. I still think we kind of a self-aggrandizing way—I am ate, after the 1990 election, reform has have a lot of work to go after big fiercely proud of the fact that this con- been at the top of my agenda. money in politics. But if we were going troversial provision and amendment I do not know how many amend- to have a prohibition on the soft was an amendment I brought to the ments I have brought to the floor deal- money to the parties, and to the unions Senate. We won it in a tough fight. ing with this whole question of how and corporations, and we were not There was plenty of attack over it. We you get money out of politics. I do not going to be doing anything about all needed to plug that loophole. We need- know how many battles I have fought. kinds of other groups and organiza- ed to make sure the soft money did not I cannot recount them all. As I said, I tions that could then raise all this flow to all these different interest was pleased to be one of original two money, in huge sums, and then put on groups that would basically then take cosponsors of this legislation. these sham issue ads, then we would over all the campaigns. I am honored But when this bill came to the floor not have been any better off. We would to be a part of this reform bill. of the Senate, my concern was that we have had a huge loophole. I yield the floor. would have a prohibition of the soft I am proud of the fact that I brought The ACTING PRESIDENT pro tem- money going to the political parties that amendment to the floor. I regret pore. The Senator from Connecticut. and to corporations and unions but how tough a fight it was, although I do Mr. DODD. Mr. President, first of all, there would be no prohibition of soft not mind tough fights. It was a victory. I commend our colleague from Min- money going to all kinds of other I certainly regret some of the charac- nesota for his typical eloquence. I, too, groups and organizations that would terization of that amendment. I would think he offered a very valuable proliferate and would basically raise remind any number of different news- amendment and one that, as he has ex- soft money and go on television with papers, as a matter of fact, subsequent plained, ran the risk of sinking the leg- these sham issue ads, in which case I to that battle in the Senate, many pa- islation, but that did not make the was not even sure the legislation would pers have now editorialized for that amendment any less worthy. For often- be a step forward. amendment. It is one of the critical If we had less of this money going to provisions in the bill. It made it pos- times, in a situation where a proposal the parties but more of it going to all sible for us to pass it in the House be- makes all the sense in the world, for a kinds of independent groups and orga- cause many Representatives were say- variety of other reasons it may make it nizations—‘‘Americans For This’’ and ing: Wait a minute, if you have this difficult to continue the process. ‘‘Americans For That’’—that could loophole, we are going to weaken the But his point about treating some or- raise $200,000, $300,000, $400,000, $500,000 parties and we are going to enhance ganizations differently than others is at a crack and put it into these sham the strength of all these different in- based on sound logic. I commend him issue ads, I do not think we would be terest groups everywhere. So it made it for his efforts and his participation in any better off. possible to pass it in the House. It the debate on this subject matter and So the amendment I offered to this meant that the House bill and the Sen- for his longstanding commitment to bill said we would also have the same ate bill—because certainly Congress- the issue of campaign finance reform. prohibition on soft money applied to men MEEHAN and SHAYS wanted this Today is, in fact, one of those his- all of these independent groups that feature in the bill—were in identical toric days. It may not look that way at applied to all of these sham ads. This is form. It meant we did not have to go to this particular moment in the Chamber not to say that any organization can- conference committee. It meant we got where every seat is not occupied, but not raise money and put on ads 60 days the bill before us. And it means we are we are coming down to the final hours before an election. But what we do say going to pass the bill before us today. of what has been a very lengthy, con- is, you have to abide by the same So I am really proud of that work. tentious, and highly charged debate, spending limits as everybody else. That For me, this has been 11 years of fight- going back years in this country. It was the amendment. ing over this issue. I do not think there will come to a culmination, I am told, I say to colleagues in this Senate is anything more important we can do possibly as early as this afternoon. We Chamber, I do not think I have ever than to pass this legislation. I am sure will vote, finally, on a package dealing done this more than once in the last we will get cloture, if we have a cloture with campaign finance reform. 111⁄2 years—I hope not because it will vote. I am sure this bill will pass by It is an issue I have supported over come off a little self-serving—but I am the end of the day. I am sure this bill the years, since arriving in the Con- really proud of that amendment, and I will be a significant reform and a sig- gress, for that matter, in the other feel vindicated because—do you what nificant step forward. It will not be a body, where I served for some 6 years want to know something?—in the great leap sideways. before coming to the Senate 21 years House of Representatives, there were I am sure people in the country will ago. many Members who wanted to make feel better about the fact we have The issue of campaign finance re- sure we did not create this huge loop- passed some reform legislation. I am form—in the wake of Watergate in the hole, who wanted to make sure the pro- also sure no one in Minnesota and no mid-1970s, which spawned the under- hibition of soft money would apply to one in the United States of America lying legislation that dealt with Presi- these sham issue ads as well. That was should believe we have now created a dential races and campaign finance part of the reason they supported this level playing field, where you do not issues—has been an ongoing discussion legislation. have to be a millionaire to run, where and debate for many years and one I So by having the same feature, the you do not have to depend upon big have associated myself with as both a same provision in both bills, we did not money to win, where you get a lot of Member of the other body and a Mem- have to make this change in the House the big money out of politics and you ber of this body.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2099 The action we are going to take later happens. So it then becomes a fact to restricted opportunity for all parties to today is going to rewrite one of our Na- them. Whether or not the reality lines complete negotiations for a technical tion’s Federal campaign finance laws up with that perception is something corrections bill, and the opportunity in a very fundamental way. As has else. But if in the minds of Americans, for all Members to be heard are the been stated over and over again, the our public citizens at large, in whom hallmarks of the world’s greatest delib- Senate will approve legislation ad- we must maintain the confidence of an erative body. We should all be proud to dressing what the American people be- electoral democratic process, our cam- be Members of it, as we finalize this lieve is maybe the single most egre- paign financing system is so corrupted product. gious abuse of our campaign finance by large contributions, that is a stark At the same time, I also acknowledge system, and that is the raising and reality with which we have to contend. the influence and the passion the Sen- spending of unlimited and unregulated That is what our distinguished col- ator from Kentucky has brought to so-called soft money in our Federal leagues from Arizona and Wisconsin, this issue. He is the ranking member of elections. Senators MCCAIN and FEINGOLD, and the Rules Committee, the former It is not the only problem in our their supporters have had in mind over chairman. I have said on other occa- campaign finance laws. It is not the the years. sions, he embraces an unyielding belief only answer. But it is the answer It is not unreasonable that the public in how the financing of our campaigns around which a majority of Members perception of even the appearance of should be accomplished. There are con- here could coalesce. I would have pre- corruption erodes public confidence in cerns about the constitutionality of ferred a system that has been used at the integrity of our electoral process certain provisions, whether or not this the Presidential level, which I think and the independence of our democ- is the way we ought to be regulating has worked very well. And every Amer- racy. If the McCain-Feingold/Shays- speech in this country. I disagree with ican President, regardless of party, has Meehan legislation does nothing else Senator MCCONNELL with respect to his embraced it, going back to the late but eviscerate the soft money loophole, conclusions that most or some of these 1970s: Ex-Presidents Ronald Reagan, it will be considered the most effective provisions are unconstitutional with George Bush, Sr., the father, as well as reform in decades. I am convinced this respect to first amendment right to President Clinton, and President Bush, legislation is narrowly tailored to free speech and association. However, I the son. All have embraced the prin- strike the appropriate and constitu- admire people who have strong beliefs ciple of matching campaign contribu- tionally sound balance between the two and are willing to fight for them. tions, public support, with limits, pro- competing values scrutinized by the Whatever else one may say about the hibitions, and disclosure on the Supreme Court in the historic case of substance of this debate, we all admire amounts spent on campaigns. To their Buckley v. Valeo: Protecting free the commitment and strength of Sen- credit, every Republican candidate and speech and limiting ‘‘the actuality and ator MCCONNELL and his commitment Democratic candidate have done so. the appearance of corruption.’’ to his ideas and how hard he has fought While it is extremely expensive to It has been decades since Congress for them. run for President, in the absence of took similar comprehensive action Certainly Senators FEINGOLD and that structure, I think we would have with enactment of the Federal Election MCCAIN, Congressman SHAYS, and Con- watched the cost in Presidential cam- Campaign Act of 1971. The one thing we gressman MEEHAN deserve the lion’s paigns double, triple, maybe quadruple cannot afford to do is wait any longer. share of credit for pursuing this issue. what it is today. Now is the time to enact the McCain- They have been unyielding in their de- Today, there is not a majority of Feingold/Shays-Meehan legislation. termination in the face of a lot of criti- Members of this body or the any other The American people have shown an in- cism, a lot of people pushing in the body who would support a similar credible amount of patience in waiting other direction. They stuck with it. As structure for congressional races, Sen- for this law to be enacted. a result, we are about to adopt historic ate or House. So no matter how good I predict this debate will find its legislation that will bear their names. the idea may be, if you can’t muster 51 place in history. The debate, going Whatever else they may accomplish— votes here and a majority in the House, back to the end of March and early and they have in many other areas—I then the idea is only that: it is a good April of 2001, will go down as one of the know for Senators FEINGOLD and idea, but it lacks the ability to build most significant, worthwhile debates in MCCAIN, the accomplishment of cam- the necessary majority support for the the recent history of this institution. paign finance reform will culminate idea to become law. Everyone had a chance to offer what- one of their finest hours of public serv- This is the formula we have been able ever amendments they wanted to on ice. They have rightly received the ac- to coalesce around, to either ban, or the bill. It was free flowing. It was ac- knowledgment for their efforts in place specific and real limits, on soft tually an ongoing debate and discus- bringing this bill to its final conclu- money in our Federal elections. While sion about ideas. The Senator from sion. others may wish we had a different for- Minnesota, during that period, offered I support this legislation. I thank the mula, it seems to me that not to do his amendment. We had many other Democratic leader and whip, Senator anything because you are unable to get ideas being offered by a number of Sen- REID, the two sponsors of the bill in the your formula adopted would be a huge ators that had a chance for full discus- Senate, and those who have opposed it. mistake. sion and airing. We then had the oppor- This has been one of the finer debates I strongly support this approach, al- tunity to vote those amendments. in which I have participated in my though I might have preferred others. I compliment the Democratic leader, service in the Senate, the culmination The exploding use of soft money that TOM DASCHLE, for his willingness and of which is not going to alter the permeates our campaign system is, of his leadership in providing the oppor- course of history, but it is going to course, having, in the minds of many, a tunity for every Member to have full bring a significant, profound, and corrupting influence, suggesting that input in the rush of passage. This issue worthwhile change in how we finance large contributions by donors to office- was of paramount importance to the our campaigns for public office at the holders, candidates, and political par- continued health of our democracy. Federal level. ties provide those donors with pre- The majority leader’s handling in the For all these reasons, I am privileged ferred access and influence over public winding-down process of the campaign and honored to be associated with cam- policy. finance debate exemplified the Senate paign finance reform legislation and Whether or not that is the case is im- at its best. The Senator from Nevada, commend those who have been engaged material, I have never suggested, I Mr. REID, played a very important role in this debate in helping us to arrive at have never known of a particular Mem- as well in seeing to it that everyone this moment. ber whom I thought cast a ballot be- had a chance to be heard as we went The ACTING PRESIDENT pro tem- cause of a contribution. In the minds of through that historic debate last year. pore. The Senator from Nevada. most people—a sad commentary— Now, as we prepare for the final pas- Mr. REID. Mr. President, the Senator maybe not most, but many people, that sage, the unrestricted opportunity to from Connecticut, in his usual way, is the case. That is what they think offer and debate amendments, the un- passed a lot of accolades to everyone
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2100 CONGRESSIONAL RECORD — SENATE March 20, 2002 except himself. This was one of the say Americans have become apathetic signing of the Declaration of Independ- most difficult to manage bills I have or disinterested, I say Americans cher- ence. The strange thing about the seen on the floor. Senator DODD man- ish their democracy as never before. painting was that it was not com- aged that bill as well as I have ever Dating back to the birth of our Na- pleted. It was only two-thirds com- seen a bill managed during the time I tion, numerous observers have visited plete. There was some raw, unfinished have been in the Senate. I thank him America’s shores to witness firsthand canvas in one corner. Someone asked for his compliments to the leader and the wonders of this Government. In him: ‘‘Why did you hang such a pic- to me. We just basically stood and ‘‘Democracy in America,’’ Alexis de ture?’’ He said: ‘‘I found it in the base- watched him do all that he did to get Tocqueville commented on the trust ment of the White House. The painting to the point where it passed. It was ex- vested by the American people in their had been commissioned many years tremely difficult. I thank him. elected officials. He said: earlier, but the painter had died before Based on a conversation I had this The electors see their representatives not the work was completed.’’ But Eisen- morning on the floor with the Repub- only as a legislator for the state, but also as hower hung it anyhow because he said lican leader, I ask unanimous consent the natural protector of local interests in it reminded him that democracy is an that time beginning at 12:30 today be the legislature; indeed, they almost seem to unfinished work and that there is room equally divided and controlled as fol- think that he has a power of attorney to rep- in the picture for all of us. Campaign resent each constituent. lows: Senator LOTT or a designee from finance reform reminds us that democ- 12:30 to 12:40; Senator DASCHLE or a des- Certainly, De Tocqueville identified a racy is an unfinished work, and the ignee from 12:40 to 12:50. sacred trust—a trust still held and passage of this bill will ensure us that The ACTING PRESIDENT pro tem- cherished by the American people. We, there is room in the picture for all of pore. Without objection, it is so or- as elected officials, must not jeopardize us. dered. that trust. Voters understand the dan- Thank you, Mr. President. Mr. REID. Senator DODD, who would ger of money in politics. Voters under- The ACTING PRESIDENT pro tem- normally manage the bill, has other stand that the so-called special inter- pore. Who yields time? obligations. The majority leader has ests can have an insidious effect on Mr. FEINGOLD. Mr. President, I asked that the time be controlled and good government. They have seen yield 5 minutes to one of our most designated by the Senator from Wis- Enron reel and topple. Between 1989 steadfast supporters of this bill from consin, Mr. FEINGOLD, whose name is and 2001, Enron contributed nearly $6 the time we began, from the time we associated with this important legisla- million to Federal parties and can- were sworn in together as Senators, tion. didates. It is fair for our constituents the Senator from California, Mrs. The ACTING PRESIDENT pro tem- —many of whom lost their savings BOXER. pore. Without objection, it is so or- when Enron collapsed—to ask what Mrs. BOXER. Mr. President, I say to dered. Enron got in return. Now voters are Senator FEINGOLD, thank you very The Senator from Wisconsin. calling for our Government to take ac- much for your work on this bill that we Mr. FEINGOLD. Mr. President, I tion to prevent special interests from are about to pass. You and Senator thank the Senator from Nevada. I having the ability to whisper in the ear MCCAIN were steadfast, and you never strongly agree with him with regard to of elected officials simply because their gave up. You focused and you fought, the outstanding job the Senator from campaign coffers have been filled. and every time there was back sliding, Connecticut did in managing this bill. The clarion call for action can no you refused to give up. I think it is a It was truly masterful and essential, longer be ignored. We must have sys- model for all of us, and it is a model for given the open and difficult nature of temic change. The legislation before us young people to see that if you have a the process. I thank him for his kind today cleans up our system and goal and you stick with it, and it is words. strengthens our democracy. Banning How much time remains on our side? right, you are going to win in the end— The ACTING PRESIDENT pro tem- unlimited contributions eliminates the eventually. pore. There are 44 minutes at this time, very worst aspect of our campaign fi- Having said that, I just hope this is not counting the time for the leader- nance system: huge contributions that the start of going back to one of the ship just prior to the vote. distort the democratic process. original ideas of Senators FEINGOLD Mr. FEINGOLD. Thank you, Mr. Banning soft money will not make and MCCAIN, which was really to limit President. our system perfect, but it will cleanse campaign spending. There are a couple I am about to yield to one of the Sen- our politics and make it possible for of wonderful things about the bill on ators who was very helpful on this the voices of ordinary Americans to be which we are about to vote for which I issue. I have been through many of the heard. No longer will wealthy special want to say thank you. turning points on this issue over 7 interest groups have an advantage over No longer will Federal candidates years. One of the clear turning points average, hard-working citizens. By di- have to go and ask for unlimited sums was the group of Senators who arrived minishing the role of money in politics, of money for our parties and be put in after the 2000 election. None has been this bill will help to ensure that elect- a position where, even if, of course, we more loyal and helpful in the process ed officials spend less time fundraising are not going to give special privilege than the Senator from Missouri. I am and more time doing the job they were to the people giving it, it has that ap- grateful for her support on this issue. elected to do. pearance of a conflict of interest. And I yield 10 minutes to Senator CARNA- This bill will strengthen democracy the American people have every right HAN from Missouri. by strengthening the faith that Ameri- to question what we do if they look and Mrs. CARNAHAN. Mr. President, cans have in their elected officials and see the large sums of money we re- today marks the final stage for con- Government. No one understands the ceive. I think the Enron scandal gressional action on campaign finance connection between campaign finance brought this home. I think people felt reform legislation. That we have reform and love of country better than terrible that they had taken these reached this point is a testament to my colleague, JOHN MCCAIN. His serv- sums. That was the system. They may the leadership of my colleagues, JOHN ice and his sacrifice for the Nation have done absolutely nothing to help a MCCAIN and RUSS FEINGOLD. I thank stand as an inspiration for all of us. His company that had gone astray, but it them for their dedication. The Amer- dedication to the cause of reform is a looks bad. ican people are grateful to them for continuation of that service. I say to Senators FEINGOLD and helping to restore our democracy. Vaclav Havel once said that ‘‘democ- MCCAIN, thank you for that provision. Our Founding Fathers gave us a tre- racy is like a horizon, always ap- Soft money is out of the picture for mendous gift: the experiment in self- proaching.’’ Democracy has always Federal candidates, and that is a good government, an experiment that em- been a work in progress. thing for us. We still have to raise, bodies faith in mankind, a revolu- In fact, I am reminded of a story once however, large sums of money. In the tionary idea of governance. told about President Eisenhower, who case of California, it is an obscene To those who say Americans have de- had a painting hung in his office—the amount of money because of the cost of viated from this course, to those who Oval Office. It was a painting of the television, the cost of mail, the cost of
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2101 grassroots organizing in a State of 34 Mr. President, how much time do we Elected officials take an oath to sup- million people—we are talking about have remaining on our side? port and defend the Constitution sums required in excess of $20 million. The PRESIDING OFFICER. The Sen- against all enemies, foreign and domes- Believe me, when I say $20 million, ator from Wisconsin has 32 minutes. tic. In the early days of the Republic, that is on the low side of what you Mr. FEINGOLD. Mr. President, I sug- the oath was taken very seriously. Offi- really need to spend in order to get gest the absence of a quorum and ask cials took it as a charge to themselves, your message across in light of vicious unanimous consent that the time be given their individual capacity. I went attacks that will come. charged to both sides. to Korea when the first real election in Another good thing about McCain- The PRESIDING OFFICER. Without history had occurred, and they swore in Feingold: Those vicious attacks that objection, it is so ordered. The clerk a new President. It really came home have come from large soft money con- will call the roll. to me how different our system is. The senior assistant bill clerk pro- tributions will not be able to come 60 When he swore on behalf of the people ceeded to call the roll. days before your election. That is a big of Korea, he swore an oath to the peo- Mr. MCCONNELL. Mr. President, I plus because that is what we find—that ask unanimous consent that the order ple. Under our system we do not swear candidates at the end simply cannot re- for the quorum call be rescinded. any oath to the people. I took no oath spond to this barrage of activity. The PRESIDING OFFICER. Without to the people of Texas. The oath I took So I feel personally grateful, going objection, it is so ordered. was to uphold, protect, and defend the into an election cycle, that in 2004 can- Mr. MCCONNELL. Mr. President, I Constitution against all enemies, for- didates will not have this burden to yield 45 minutes of my time to the dis- eign and domestic. That was the oath. raise hundreds of thousands of dollars tinguished senior Senator from Texas. In the early days, each individual from one source in soft money. That The PRESIDING OFFICER. The Sen- who took that oath took it upon them- will not be allowed. I think that is ator from Texas. selves to make a judgment, to deter- good for the candidate. I think that is Mr. GRAMM. Mr. President, this mine what was and what was not con- good for the country, it is good for the issue has been talked about at great stitutional. Since they had put their legislative process. We will not be hit length, and has been the focus of atten- hand on the Bible, they took constitu- by these last-minute ads with unregu- tion in Washington, DC, but I do not tionality issues very seriously. I am lated soft money at the end, to which believe it has been or is the focus of at- sure John Marshall, when he intro- we will be unable to respond. tention on Main Street, America. duced judicial review in his famous Su- I want to work on this further. We We are coming to the end of the de- preme Court rulings that had a pro- still have a big problem. One thing got bate where it appears this bill will be found, positive impact on America, knocked out of the bill, which was en- passed by the Senate in the same form never foresaw the day would come suring that the lowest rates would be it was passed by the House, then sent when Members of Congress might put available to us on television. That got to the President, and signed into law. their hands on the Bible and swore to knocked out of the bill. I am still I wish this morning to talk about the uphold, protect, and defend the Con- forced, and so are my colleagues from issue that is before us and to explain stitution and then say: It is not up to why I am very strongly opposed to the these high-cost States, to have to me to make a determination as to bill. I think it is a case study in the scramble to raise funds from individ- whether something is constitutional; power of special interest. I thank Sen- uals to get our message out on TV. that is up to the courts. ator MCCONNELL for his leadership on Unfortunately—although I always Long ago, 24 years ago, when I took the issue. run a grassroots campaign, as many of I will begin with another observa- the oath, I did not say I swear to up- my colleagues do—in these large hold, protect, and defend the Constitu- tion. I congratulate Senator MCCAIN States, even if one works 24 hours a tion based on what the courts may and Senator FEINGOLD. If there is any- day, morning, noon, and night, one thing we know about democracy, it is some year in the future decide. I swore cannot meet all the voters, the mil- that majority rule does not exist in to uphold, protect, and defend the Con- lions of voters. We have to rely on TV practice. In a democracy, intensity de- stitution given my ability to read and and radio. It is very costly. We will termines the outcome of debate on pub- understand that document. still have to do that, a few thousand lic policy. It is the willingness of often On that basis alone, I oppose this dollars at a time, which means we are a small number of people who care pas- bill. This bill is as blatantly unconsti- going to be very busy. sionately about something, who have tutional as any bill which has ever Until we can limit campaign spend- overriding and burning interest, their been written, any bill which has ever ing, we are going to be in this terrible willingness to stay with that issue and been adopted by the Congress of the situation. We all know, including Sen- to fight for it day after day, week after United States. ator FEINGOLD, this bill is not the be- week, month after month, and to ulti- I want to mention two areas where it all or the end-all, but it is a strong mately wear down those who do not is clearly unconstitutional. I am a free start, and I am proud to stand shoulder care equally. man and an American, and if I discov- to shoulder with my colleagues on this Anyone who does not understand ered that living in College Station, TX, one. I hope we get an overwhelming that does not understand American de- was a new Thomas Jefferson—and I am vote and can celebrate the fact that, mocracy. We are here today because of waiting for another one to come back— after all these many years, we are mov- the intense desire of a relatively small and I wanted to sell my house and raise ing to get control of a system that is number of people to see this bill be- money to tell the country about it, do out of control. come law. I congratulate Senator FEIN- I not have that right? I thank the Chair. I yield the floor. GOLD and Senator MCCAIN. I believe When the Founders wrote the first The PRESIDING OFFICER (Mr. they are both wrong, but they are not amendment, they were not concerned REED). The time of the Senator has ex- wronghearted. In my opinion, they are about commercial speech. They were pired. wrongheaded on this issue even though concerned about free speech, and they Who yields time? The Senator from they both believe that what they are wrote: Congress shall make no law re- Wisconsin. doing is in the interest of America. As specting the establishment of religion Mr. FEINGOLD. Mr. President, I Thomas Jefferson said long ago: Good or prohibiting the free exercise thereof thank the Senator from California. I men with the same facts often dis- or abridging the freedom of speech or could not agree with her more. This is agree. of the press or the right of the people a modest step, it is a first step, it is an Why am I so strongly against this to peaceably assemble and to petition essential step, but it does not even bill? First of all, I am not running the Government for the redress of begin to address, in some ways, the again. I am about to close out my pub- grievances. fundamental problems that exist with lic life and exit the public stage, as Does anybody doubt that my right to the hard money aspect of the system. Washington expressed it. sell my property and tell the Nation I pledge to work with Senator BOXER I am profoundly opposed to this bill, another Thomas Jefferson is in our and everybody else to continue the ef- first because it is clearly unconstitu- midst is guaranteed under the first forts to accomplish more. tional. amendment of the Constitution of the
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2102 CONGRESSIONAL RECORD — SENATE March 20, 2002 United States? How dare anybody tell People want to influence the Govern- But they are perhaps close with the me I cannot sell my property or mort- ment for two reasons, it seems to me. Washington Post as the biggest bene- gage my future, or disinherit my chil- One, the Government spends $2 trillion ficiaries of this bill, because their dren in order to tell the world there is a year. Most of it, it spends without speech will still ring while the speech another Thomas Jefferson. competitive bidding. The Government of others will be muted. So a one-eyed The Founding Fathers would be grants privileges worth billions of dol- man is king in a world of the blind. amazed that any such proposal could lars, grants special favors routinely, Mr. MCCONNELL. Will the Senator ever be considered seriously. They even sets the price of milk to benefit yield? would be astounded it could happen. people who have assets of $800,000 by Mr. GRAMM. I am happy to yield to I am hopeful that the Supreme Court stealing from schoolchildren who are the Senator. will use the flaming letter of the Con- poor. That is the Government, and peo- Mr. MCCONNELL. The New York stitution to strike down this bill. ple want to influence it. Times and the Washington Post edito- The second problem with this bill has The second reason people want to in- rialized on this subject an average of to do with equal justice under the law. fluence Government is because they once every 51⁄2 days for the last 5 years. If I am the New York Times, I am a love their country and they want to af- Mr. GRAMM. But they have done for-profit company. My stock is on the fect its future. I assume no one is in- more than editorialize. They have en- New York Stock Exchange. I am driven terested in preventing that kind of in- gaged in a type of McCarthyism. Let by the same motives—many of our col- fluence. This bill does that. me explain. leagues would say greedy motives—as Let me set that aside because that is Every day we read in the paper that every other for-profit institution in not what we are debating. Does any- the Senator from Kentucky or the Sen- America. Does anybody doubt the New body believe if we stop this massive ator from Texas or the Senator from York Times, the Washington Post, or flow of money into the process, that Rhode Island or the Senator from Wis- the Dallas Morning News is a for-profit the Government is going to stop set- consin get so much money from Arthur business? If they doubt it, they should ting the price of milk? Does anybody Andersen or Enron or U.S. Steel. Yet, have been on the Commerce Committee believe if we stop this soft money cor- verifiably, none of us ever received when the head of the Washington Post ruption of the political process, that money from Arthur Andersen or Enron testified in favor of legislation to pre- the Government is not going to give or U.S. Steel or any other company. vent any telephone company from get- away $2 trillion this year? By limiting Those who say we did, know we did not, ting into the communication business the ability of people to petition their because it is illegal. Corporations can- to compete with the Washington Post. Government, we do not eliminate polit- not contribute to campaigns. The New York Times is a for-profit ical power; we simply redistribute it. Yet all one has to do is open the enterprise, and so is the New York We take it away from one group; we daily paper to find that almost on any Stock Exchange. They are both equally give it to another. issue now, as this has turned into a committed to making money. They are The proponents of this bill would great symphony, almost on any issue both driven by the bottom line. have Members believe that by banning that is being debated, if you care about They are both good investments soft money we are reducing political something, everybody who agrees with today. Yet under this bill the New influence. We are not reducing political you who has ever contributed to you is York Times has freedom of speech. influence at all. We are redistributing listed—but not as individuals. They are They can editorialize all they want in political influence. Who are we taking listed by what profession they are in or editorial space that would cost hun- it away from? We are taking it away what company they work for. dreds of thousands, and perhaps mil- from people who are willing and able to It is McCarthyism to say that all the lions of dollars, for the New York use their money to enhance their free accountants who contributed to me— Stock Exchange to purchase. They can speech guaranteed by the Constitution. and God knows if there is a living CPA routinely state their views on the edi- Who are we giving it to? We are giving who has not contributed to me, shame torial page and, quite frankly, through it to the people who have unequal free on you; shame on you—every CPA in their news reporting, and they do it speech under this bill. We are giving it America should have contributed to every single day on the front page and to the media. We are giving it to the me. I understand debits and credits. I on the editorial page. They have a so-called public interest groups. What a have spent a political lifetime talking right to do it. But why should the New misstatement of fact. These are the about balancing the books. If you are a York Times have a larger say in the same people, the Common Causes and CPA and you have not contributed to election of the President of the United the Ralph Naders who won’t tell you me, you may be guilty of malpractice. States than the New York Stock Ex- where they get their money. This is the point. To say that the change? Under this bill, Ralph Nader can people in my State who work for Ar- When did God decree freedom of come to my State and denounce me as thur Andersen were representing Ar- speech existed only if one owns a news- he has on many occasion. I wear it as thur Andersen when they contributed paper or a television station or if they a badge of honor. But he will never to me is totally false and it is exactly are a commentator? What about people have to tell anybody under this bill the guilt-by-association process that who work for a living and who want to where he gets his soft money. the media has denounced over and over be heard? We have had ads run in favor of this again. Yet in the most effective way, How can we write a law that treats bill by groups spending soft money. they promoted this bill. They have the New York Stock Exchange dif- They are not talking about banning committed McCarthyism routinely. ferently from the New York Times? their ability to spend it. They are talk- Routinely. I defy them to go to any ac- What this bill provides is unequal ing about banning everybody else’s counting firm in America—and there speech, privileged speech. So I am op- ability to spend it. What blatant hy- isn’t one where there are not a lot of posed to this bill because it is patently pocrisy. But there it is. people who have supported me—and unconstitutional. What this bill does is not reduce po- find where there was a directive from Let me try to explain, as best I can litical influence but redistribute it, the company to give me money. Every- in the time I have, how all of this came take it away from working people who body knows that is a felony. That is il- about, in my opinion, and what this is commit their own money to enhance legal. all about. First of all, you have heard their speech and give it to the media Yet long ago the Washington Post, the endless hollering about political in- and the special interest groups that use the New York Times, and virtually fluence. Political influence arises from the media to magnify their speech. every other newspaper in America the fact people want to influence the Is it not amazing when you list those stopped saying a Senator received con- Government. In fact, the Founders un- who support this bill, they all fall into tributions from employees of Arthur derstood that and they wrote it into the category of the people who gain po- Andersen. They say he received funds the first amendment of the Constitu- litical power from the passage of this from Arthur Andersen. tion that the right to petition the Gov- bill? The New York Times never tires It is not just editorializing every 5 ernment would not be abridged. of editorializing in favor of this bill. days. It is changing the very meaning
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2103 of words, and distorting the very There is an inconvenience in free free speech by simply updating for in- English language to create this concep- speech—if people aren’t saying what flation the limits on individual con- tion that somehow the whole system is you want them to say. But is it not tributions remained. Could it happen? corrupted by free speech, all the while dangerous to end their ability to It has happened before. knowing they will be the biggest bene- speak? If this bill really stood—and I My colleagues on the other side of ficiaries of limiting other people’s free do not believe it will—I think you the aisle are going to vote for this, in speech. would have a concentration of power in large part because they believe this The Dallas Morning News, I am proud the media and in these special interest tilts the playing field toward them. to say, the most important paper in my groups that use the media—Common It may very well be that it will not. State—maybe I should say the Houston Cause, Nader—it would be harder and It may very well be that, in the end, we Chronicle—has always endorsed me. harder for people to get their view out did not fulfill our oath, but our Con- But in any election I probably have if their view differs with the estab- stitution is a powerful document, and 80,000 or 100,000 individual donors and lished power structure. More and more when we pass a law and the President they contribute and give me the ability decisions about who wins elections signs it because of the pressures of the to tell my side of the story. So if the would be made by editors and by spe- moment and the consensus in the newspaper or the television station or cial interest groups. media, then it has to stand the test of somebody who has the ability to ex- There will be more smoke-filled the Supreme Court. They are only press an opinion has an opinion dif- rooms—I don’t guess people smoke across the street. But across the top of ferent than mine, I have an oppor- anymore, but whatever it is they do in their building is written, ‘‘Equal Jus- tunity to tell my side of the story. these rooms, there will be more of it. tice Under Law.’’ This bill destroys Under this bill, that ability is limited, You will have more athletes elected, equal justice under the law. And any- and that is profoundly wrong and un- you will have more celebrities elected. one who could sit under that roof with constitutional. The problem is, this new Thomas Jef- a good conscience is going to feel The problem, it seems to me, goes ferson may not be a star. He may not called upon to take the Constitution even further because in the end we are even be attractive. He might not be ex- seriously and will strike down this law. tilting the balance of power to a very traordinarily articulate. The original In doing so, they will live up to the small group of people. It was the in- Thomas Jefferson was a very poor high expectations of the founders. volvement of people in contributing speaker, from all we know. But his Let me conclude by congratulating their money that destroyed the smoke- ideas were revolutionary. In fact, I the Senator from Kentucky. It is fun to filled room, that ended the back-room think if you had to choose the most be in front of television cameras. It deal, that literally brought politics important man of the last thousand makes you feel important. It gives you into everybody’s living room. This bill years—you would have to give it to two sort of a notoriety. People recognize is a movement back to the smoke-filled people: Thomas Jefferson for political you. It doesn’t last very long, but they room. This concentrates political freedom; and Adam Smith for eco- do. And it is awfully easy to stand up power in fewer and fewer and fewer nomic freedom. The two of them to- and defend things that are popular. It hands. This is fundamentally anti- gether had the revolutionary idea of is very difficult to defend ideas that democratic. It violates what the our time. are unpopular, to be attacked every Founding Fathers understood as being I am afraid, under this bill, that we day in the media because of the posi- important. will not discover the next Thomas Jef- The Founders knew the country was tion you take. ferson. I am afraid, under this bill, that not peopled by angels because they There are not many people who are other things will be more important. were not angels. The Founders under- tough enough to do that. There are As you narrow the vision of a great stood that people had their own special probably only three or four—five peo- country, you narrow its future. The interests, that people could have cor- ple in the Senate, and I am being gen- Bible says, ‘‘Where there is no vision, rupt views. So they provided the max- erous. people perish.’’ imum number of people with influence A lot of people get into politics be- I wonder what will occur when the so the evil of the few was offset. cause they want to be loved. Then, As I often say, I love the issues that American people are ready to be led in when an issue comes along where your are hotly debated. Because if politi- another direction, but the power struc- principles are on one side and love is on cians know they are going to catch hell ture does not want to go there. How are the other, it is hard. no matter what they do, they will nor- the people ever going to hear the other I have watched and I have read those mally do the right thing. It is when no- side of the story? editorials vilifying the Senator from These are very important issues. We body is paying attention on one side Kentucky. I know it has been hard, and and everybody on the other side is or- have never debated an issue more im- I just want to say that I don’t know ganized that bad things happen. portant than this. Yet there is no in- whether they will ever build a monu- I have heard my colleagues say: I terest in this issue because, as a result ment to the Senator from Kentucky, don’t want these outside groups in- of all these years of distorting the but he is already memorialized in my volved in my election. Pardon me? English language, keeping up a drum- heart. I will never forget the fight he Since when was it their election? When beat, gradually politicians have been has made on this bill. I thank him. I am running for public office, it is not worn down. Now people can say: I can The Constitution does not work by my election. It doesn’t belong to me. It violate the Constitution, I can endan- itself. It requires a few good men. The belongs to the people of Texas. Often, ger the future of America, or I can get Senator from Kentucky is one of those when I ran, there have been mean a bad editorial in the New York Times. good men. groups that have come to the State and Of course they decide they do not want I yield the floor. said bad things about me. the bad editorial in the New York The PRESIDING OFFICER. Who This election does not belong to me. Times. yields time? It does not belong to my opponent. It So that is where we are. I am rel- Mr. FEINGOLD. Mr. President, I sug- belongs to the people—and not just the atively confident this bill will be gest the absence of a quorum, and ask people of Texas because I am a United struck down by the Supreme Court. that the time be equally divided. States Senator. I cast votes that affect What a paradox it will be, what a The PRESIDING OFFICER. Without people who live everywhere. My service happy day it will be for me and for the objection, it is so ordered. has affected people who live in every Senator from Kentucky, since this bill The clerk will call the roll. State in the Union, every town in has no severability clause in it, if it is The bill clerk proceeded to call the every State in the Union. They have a struck down, only the parts struck roll. right to be involved in my campaign. down die. What a great triumph for Mr. MCCONNELL. Mr. President, I They don’t have a right to vote, but freedom it would be if all of the parts ask unanimous consent that the order they have a right to speak. of the bill that limited free speech were for the quorum call be rescinded. Many of my colleagues have said: I struck down as unconstitutional, and The PRESIDING OFFICER. Without don’t want those groups involved. only the part of the bill that enhances objection, it is so ordered.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2104 CONGRESSIONAL RECORD — SENATE March 20, 2002 Mr. MCCONNELL. Mr. President, un- abuses by both political parties. Still not dividing up the Senate because this fortunately, he has left the floor, but I in the future was the explosion of has to be a product of the Senate.’’ just wanted to thank the distinguished phony issue ads by outside groups and This had to be a product of the whole Senator from Texas for his brilliant by the political parties—hundreds of Senate, both parties. speech outlining the deficiencies of the millions of dollars spent to influence That hope was put to the test last bill, which will pass later today. I am elections through a loophole that as- year when this body engaged in an ex- extraordinarily grateful for his overly sumes that the advertising is not traordinary 2-week floor debate on generous comments about my work on meant to influence elections. campaign finance reform, with an open this issue. I assure him that the vote Most amazing, as I look back on amendment process and a vote on final today is not the end. There is litigation these many years, is the growth since passage for the first time since 1993. We ahead. We will have announcements then of the soft money outrage, which had 27 rollcall votes in that debate. about the litigation team in the near has become the central focus of our Thirty-eight amendments to the bill future. I share the hope of the Senator campaign finance reform effort over were offered and 17 were adopted. This from Texas that the unfortunate parts the past several years. When we first bill is truly the work product of the of this bill, which he outlined so skill- introduced our bill—I have to be honest Senate as a whole. That is a major rea- fully, will indeed be struck down in the about this—soft money was still in, if son why it will soon be headed to the courts. I can assure him that we are not its infancy, then, at the most, it President for signature. going to give it our best shot and that was in its adolescence. Another thing that has not changed we will have an extraordinarily tal- When we first introduced the bill in since 1995, of course, is the need for re- ented legal team spanning the illogical 1995, banning soft money was on our form. If anything, it has increased as divide in this country to take this case list of provisions, but we listed it, actu- much as the amount of soft money con- forward and to give it our very best ef- ally, as the sixth component of the bill, tributed to the parties has increased. fort and to protect the first amend- coming after, believe it or not, the In 1995, I noted that the public had rea- ment, which he outlined so skillfully in problem of reforming the congressional son for concern when big money was his comments. franking privilege. I noted in that being poured into legislative efforts I suggest the absence of a quorum. speech, with some emerging outrage, such as the telecommunications bill The PRESIDING OFFICER. The that the political parties had raised—I and regulatory reform legislation. clerk will call the roll. kid you not—‘‘tens of millions of dol- Since then, the list of legislative bat- The bill clerk proceeded to call the lars’’ in 1995 alone, a figure that, of tles where money has seemed to call roll. course, is absolutely nothing compared the shots has gotten longer and longer: Mr. MCCONNELL. Mr. President, I to what we see today. the bankruptcy bill, product liability ask unanimous consent that the order The soft money loophole surely came legislation, the tobacco wars, financial for the quorum call be rescinded. of age in the 1996 elections, and has services modernization, the Patients’ The PRESIDING OFFICER. Without only kept growing since then. In the Bill of Rights, China MFN. I could, ob- objection, it is so ordered. 1992 election cycle, the parties raised a viously, go on and on. Mr. MCCONNELL. Mr. President, I total of $86 million. In 1996, that num- I have called the bankroll on this ask unanimous consent that the time ber more than tripled to $262 million. floor more than 30 times since June under the quorum call about to begin And in 2000, soft money receipts nearly 1999. These days, major legislation al- be equally charged against both sides. doubled again to $495 million, nearly most never comes to this floor without The PRESIDING OFFICER. Without half a billion dollars. interests, often on both sides, that objection, it is so ordered. As the world of campaign finance has have made major soft money contribu- The clerk will call the roll. changed, so has the McCain-Feingold tions to the political parties. We need The bill clerk proceeded to call the bill. In late 1997, in the wake of the to look no further than the work we do roll. Thompson investigation, we reluc- on this Senate floor to see the appear- Mr. FEINGOLD. Mr. President, I ask tantly concluded that we needed to ance of corruption—the appearance of unanimous consent that the order for first focus our efforts on closing the corruption—that justifies banning soft the quorum call be rescinded. biggest loopholes in the system: the money. The PRESIDING OFFICER. Without soft money and the phony issue ads. A few years ago an advocacy group objection, it is so ordered. But narrowing the bill, obviously, did unveiled a huge ‘‘FOR SALE’’ sign and Mr. FEINGOLD. Mr. President, I not make it easy to pass. As those two held it up for an afternoon on the steps yield myself such time as I need. loopholes have grown in importance, of the east front of the Capitol. We Mr. President, on September 7, 1995, and more and more money has flowed have seen similar images for years in 61⁄2 years ago, the senior Senator from through them into our elections, the political cartoons. A constituent once Arizona and I introduced the first commitment of the major players in wrote to me that perhaps Senators version of the McCain-Feingold cam- the political system to protect them should wear jackets with corporate paign finance reform bill. It was a dif- has only increased. logos on them like race cars. We laugh ferent bill from the bill we are about to Indeed, there was a time when the at these images, but inside we cringe, pass today, but it was a different world opponents of campaign finance reform because this great center of democracy then. The Senate that year was con- called soft money ‘‘sewer money’’ and is truly tainted by money. Particularly trolled by the Republican party. The proposed banning it in their own alter- after September 11, all of us in this majority leader was Bob Dole. The oc- native bill. Now, instead, they cham- Chamber hope the public will look to cupant of the White House was a Demo- pion soft money as essential to the the Capitol and look to the Senate crat, Bill Clinton, still in his first health and stability of the political with reverence and pride, not with de- term. Still far in the future, unimagi- parties and that it is somehow now rision. Our task today is to restore nable to any of us then, were an im- protected by the first amendment, even some of that pride. I believe we can un- peachment trial, an impossibly close though they wanted to eliminate it and dertake that task with our own sense Presidential election, and of course, called it ‘‘sewer money’’ before. of pride, because we know it is the September 11. But a few things have not changed a right thing to do, and we know it has The world of campaign finance was bit since Senator MCCAIN and I began to be done. much different, too. Still to come was this journey together. One is our com- Another thing that has not changed the 1996 Presidential campaign with mitment to bipartisan reform. Both since we first introduced the McCain- campaign finance abuses that by now Senator MCCAIN and I mentioned this Feingold bill in 1995 is the determina- we refer to in shorthand—the White in our first speeches in 1995. We knew tion of the opposition to defeat reform. House coffees, the Lincoln Bedroom, then that a partisan effort on this issue Early in 1996, when we were approach- the Buddhist temple fundraiser, Roger would be doomed to failure. ing our first vote on the McCain-Fein- Tamraz. Still ahead were the extraor- In my speech, I noted that we were gold bill and the first filibuster against dinary revelations of the Thompson in- both speaking to Members of both par- our bill, a coalition began to meet to vestigation concerning fundraising ties about our bill, and that ‘‘we are plot our defeat. The Washington Post
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2105 described the coalition as ‘‘an unusual Supreme Court’s decisions in this area. reasons the Bipartisan Campaign Re- alliance of unions, businesses, and lib- Can I guarantee that every provision form Act of 2002 will soon become the eral and conservative groups.’’ will survive a Court challenge? Of law of the land. I called them at the time—and con- course not. But I can tell you that we My respect for him has grown with tinue to call them—the Washington have done our very best to design these every challenge we have faced to- gatekeepers: the major players in poli- reforms in a constitutional manner. gether. He is a great legislator, a great tics and policy in this town for whom Second, we plan to be active partici- leader, and, above all, a great friend. campaign money is the currency of in- pants in the legal fight that will un- Our work on this bill, JOHN MCCAIN, fluence. doubtedly end in the Supreme Court of has been the highlight of my profes- The National Association of Business the United States, perhaps as early as sional life. Your friendship means more PACs even began to run ads against a year from now. to me than you will ever know. House Members who cosponsored the We will be similarly active in press- Thanks, JOHN. bill, and they threatened to withhold ing the FEC to promulgate regulations I yield the floor. financial support in the next election. that fulfill—that fulfill, not frustrate— The PRESIDING OFFICER. The Sen- Even before our bill had seen its first the intent of the Congress in passing ator from Alaska. debate, the status quo had organized to this bill. The Senator from Arizona and Mr. STEVENS. Mr. President, I think kill it. And their efforts have contin- I did not fight for 61⁄2 years to pass I am the last Senator on this side of ued unabated throughout the last 61⁄2 these reforms only to see them undone the aisle who served on the conference years. by a hostile FEC. The role of the FEC committee that produced the bill that The opposition has plainly made our is to carry out the will of the Congress, was declared unconstitutional in Buck- task more difficult, but it also now to implement and enforce the law, not ley v. Valeo. In the 8 years I served as makes our victory more satisfying. Be- to undermine it. assistant Republican leader on the cause as we stand on the verge of en- I call on each of the Commissioners, floor, many times I was involved in de- acting this major accomplishment, we regardless of political party or personal bates concerning actions to try to get in the Congress who have supported views on our reform effort, to be true back to the subject of campaign re- this effort know we have acted not out to that role and to the oaths of office form. of self-interest, and not for the special they took. On May 26, 1983, I introduced the con- interests but for the public interest. I urge my colleagues to join with us stitutional amendment to allow Con- This bill is for the American people, for in overseeing the crucial work of the gress to regulate and limit expendi- our democracy, and for the future of FEC and to participate in its rule- tures and contributions in Federal our country. making proceedings where appropriate. elections. When a previous effort to reform the In addition, even after we have en- In 1986, I put in the RECORD a cam- campaign finance system failed in an acted this law, there will be other re- paign finance study which showed very end-of-session filibuster in late 1994, forms to do. We need to look at the strong public opposition to publicly then-Majority Leader George Mitchell cost of broadcast advertising and con- funded congressional campaigns, and I said this on the floor: sider whether those having a license to have maintained this stance against The fact of the matter is, Mr. President, use the public airwaves ought to be re- publicly funded campaigns for Congress every Senator knows this system stinks. quired to provide free airtime to pro- since. Every Senator who participates in it knows mote democratic discourse during elec- In 1986, Senator HOLLINGS introduced this system stinks. And the American people a constitutional amendment, and I co- are right when they mistrust this system, tion campaigns. where what matters most in seeking public In my opinion, we need to again con- sponsored that with him, again trying office is not integrity, not ability, not judg- sider the possibility of public funding to limit expenditures in Federal elec- ment, not reason, not responsibility, not ex- of congressional elections, following tions. perience, not intelligence, but money. the very successful experience with In 1987, I was part of the debate on S. This bill will not fix every problem in clean money systems in Maine and Ari- 2, which would have provided publicly our campaign finance system. The Pre- zona. funded Senate campaigns. And it was siding Officer and I have talked about Finally, we must remain vigilant to my argument then that we should have this throughout the years of his stead- guard against the next abuse of the full disclosure of soft money and that fast support for our efforts. This bill campaign finance system when it the issue ad sponsorship and subsidized will not miraculously erase distrust comes, as it surely will. mail rates for 501(c) nonprofits should and suspicion of the Congress over- I thank all of my colleagues for their be regulated, as well as limiting the night. It will not completely end the patience and their support. I know this PAC influence on our elections. primacy of money in politics that so battle has been difficult for many of In June of 1987, I introduced S. 1326, disturbed Senator Mitchell. But the them. The pressure to preserve the sta- which required unions, corporations, bill is a step in the right direction. It tus quo was intense. Inertia is a power- PACs, and all parties to report all at- is a step in the right direction. ful force against change. We have all tempts to influence Federal elections, After so many years of effort, and so compromised at least a little in order including voter registration and get- many disappointments, the public has to achieve this final result. Many Mem- out-the-vote drives. It would have re- reason to be gratified by what we are bers have cast difficult votes. They quired notice and disclosure of inde- about to do, and to look with hope to have sometimes followed Senator pendent expenditures and prohibited what we can accomplish together when MCCAIN and me down a path without coordination of independent expendi- the monkey of soft money is finally knowing exactly where it would lead. I tures, but it would have increased con- lifted off our backs. am grateful for the trust they have tribution limits for individuals facing As elated as we are about finally fin- shown in us, and I thank them from the wealthy opponents. ishing this long battle for reform, I bottom of my heart. I am pleased to say that at that time cannot leave the floor without noting Before I close, I pay special tribute to I was ranking member of the Com- that the war is not over. We must be my partner in this effort, the Senator mittee on Rules, in 1987, and that Sen- vigilant as the Federal Election Com- from Arizona. When Senator MCCAIN ators MCCONNELL and MCCAIN cospon- mission promulgates regulations to im- called me shortly after the 1994 elec- sored S. 1326. plement the legislation. And, of course, tions and asked me to join with him in In this Congress, I voted to send the we face a certain court challenge by bipartisan reform efforts, I could never Senate campaign finance bill to con- opponents of reform who will argue have imagined we would be standing ference committee and stated at the that it violates the Constitution. here together on this day on the verge time it was my hope that a conference I assure my colleagues of two things: of a great victory for the American would produce a fair and balanced bill. First, we have had one eye on the even- people. He just didn’t tell me how long This bill has not gone to conference. tual court challenge ever since we it would take. I truly believe his cour- Instead, now we have a bill that tilts started this process. This bill has been age and dedication, demonstrated in so the balance of power away from ac- carefully crafted to take account of the many ways over so many years, are the countable political parties towards
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2106 CONGRESSIONAL RECORD — SENATE March 20, 2002 nonprofit interest groups whose donors has been good for the body. It has been election. If we are going to do it, are often shielded from disclosure. a good debate on strong issues—strong shouldn’t it be immediate? Now you These nonprofits often exist side by issues because we are dealing with the are going to see a little splurge of side: 501(c)(3) and 501(c)(4) corporations Constitution. spending, with groups trying to raise use tax-deductible contributions to When we are sworn to take the office all the soft money they can. I also find support their overhead expenses, which of a U.S. Senator, we are sworn to up- the bill to be faulty from the stand- allows them to spend more money on hold the Constitution. It is not done point that it will limit soft money issue ads which are not regulated by lightly. It is done by every Member of going to local parties, but not soft this bill. the Senate. money and other funding going to in- As ranking member of the Rules The Constitution says that Congress terest groups that will certainly try to Committee in 1987, I tried to eliminate shall make no law respecting establish- influence elections. My guess is that all soft money. That legislation, I be- ment of religion or prohibit the free ex- we will hamper or reduce the influence lieve, would have provided substantial ercise thereof or abridging the freedom and effectiveness of national parties. new disclosure requirements to rein in of speech. However, now you will soon have a lot the nonprofit groups which now over- Our forefathers believed so strongly of special interest groups that will whelm the political process. about this particular section, it is the grow in their influence, that will raise In terms of this legislation, I have first amendment. If you read the pa- a lot more money, that will enhance reached the conclusion that it, too, is pers at the time, some of our fore- their get-out-the-vote efforts, et unconstitutional. If the bill that was fathers thought that wasn’t necessary; cetera. So you are going to have a mul- reviewed in Buckley v. Valeo was un- it was almost a given. Others said: No, tiplication of special interest groups, constitutional, this one surely is. It we need to make sure we have the fun- where their power will grow, where does not provide a level playing field. damental freedoms of religion, speech they will be outside the national party It does not deal with the pernicious and assembly. Let’s make it the first effort, but they will be independent— problem of 501(c)(3) and (c)(4) nonprofit amendment, even though it is self-evi- maybe—and they will be very much corporations. I will not put it in the dent. So they did. This was the first trying to influence elections. RECORD now, but Senator Kasten at amendment to the Constitution. So instead of having, more or less, one time made a study of the influence Now we are going to be telling some two major political parties, you may of those corporations, and he has been groups: Wait a minute you can influ- have a multitude of special interest gone for a long while. Their influence ence ads or have involvement in cam- groups with a lot of money trying to has grown. This bill just gives them paigns, but if you want to say Senator influence elections. We will have to more and more power over the election GRAMM from Texas is the best Senator see. I think you can win elections if process. ever, you have to do that in a par- you have the best candidates, no mat- In my opinion, we should stop pick- ticular way. ter what the rules are. So it is in the ing at the edges of this issue and pass Well, you can only do that with cer- interest of both parties to recruit the a constitutional amendment to solve tain kinds of money, but not other best candidates, and may the best can- the problems created by the Supreme kinds. Maybe you think he is the worst didates win. Court in the Buckley case. Senator and you want to run an ad One other comment where the bill I shall vote against this bill. that says that. Some groups are going falls short, and where I tried to fix this The PRESIDING OFFICER (Mr. CAR- to have a hard time doing that. They on the floor and was not successful. PER). The Senator from Oklahoma. are going to have to abide by a host of Unfortunately, we didn’t make sure Mr. NICKLES. Mr. President, we are new legalities. We are infringing on that all political contributions were concluding a great debate that has free speech, in my opinion; though that voluntary. It bothers me to think we lasted for years. I compliment the pri- will ultimately be contested in court. are going to have campaign reform and mary sponsors of this legislation, Sen- I happen to have faith and confidence still have millions of Americans who ators MCCAIN and FEINGOLD, for their in the judicial branch. It will be a very are compelled to contribute to cam- tenacity, perseverance, and stubborn- interesting argument before the Su- paigns against their will, with which ness in making this event happen. preme Court, and I have no doubt that they don’t agree, which they are op- They have been very committed to my colleagues from Arizona, Wis- posed to; that is still the law of the their cause, and I compliment them for consin, Kentucky and Texas, and per- land. It should not be, but it is. We that. I like to see my colleagues and haps from Oklahoma, will witness that could have fixed it and we did not. So friends who have very strong beliefs argument before the Supreme Court. It to have, in this day and age, people work to enact legislation to implement may be one of the most exciting and in- who are compelled to contribute to or- those beliefs. They have done that teresting hours of debate before the ganizations who make contributions to today. They will be successful today. I highest court in the land. I look for- political parties against their will, I congratulate them and compliment ward to that. I won’t dwell on it much think is wrong. And then to say, yes, them. further. I think the bill has a constitu- they can file for a refund, and maybe I also compliment my friend from tional problem. I think we are, in some get some of it back eventually, after Kentucky, Senator MCCONNELL, as well ways, infringing and impeding free the election, after the money has been as Senator GRAMM, for their tenacity speech. used for the purpose with which they in opposing this particular legislation. I want to talk about a few other com- disagree, is not a satisfactory solution. I happen to agree with them on the ponents in the legislation. In some Nobody should be compelled to con- substance of the issue. It is great to see ways, I think the bill was improved tribute unless they agree to it in ad- a deliberative body, a body that is able from the way it left the Senate. When vance, including any political cause to have friendships that are very this bill left the Senate, it had a provi- with which they disagree. They should strong and opinions that are very sion that said politicians get lower not be compelled to contribute to an strong, express itself and do so in the broadcasting rates—the so-called organization or political party unless form of debate and with significant dis- Torricelli amendment. I opposed that they agree with it. We didn’t fix that in cussion. We have done that. We have amendment vigorously, but I lost on this legislation, unfortunately. I hoped done it, frankly, over the course not the floor of the Senate. I am pleased to we could pass legislation that I could just of this legislative session, but over say the provision was removed in the be supportive of and which would meet 2 or 3 years. House. I didn’t think we should pass the constitutional test. I don’t believe Looking at the substance of this leg- campaign reform, act as if we are doing this particular bill does. islation, we have had a great debate. great things, then have people find out I don’t think this bill is the end of We have had good leadership. We have that politicians get preferential rates the world, as some have indicated. We had very dedicated individuals who over others. will let the courts decide whether or have committed a great portion of I find the bill faulty when it says we not it is constitutional. The bill has their legislative career either pro- are going to ban soft money, but with some positive provisions. I think index- moting or opposing this legislation. It an effective date that is after the next ing or updating the hard money
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2107 amount, allowing individuals to con- help Enron Corp. deregulate the electricity resentative Robert B. Zoellick and incoming tribute more is a positive change. So I industry by working his ‘‘good friends’’ in Republican National Committee chairman compliment our colleagues for that. It Washington and by mobilizing religious lead- Marc Racicot. has some other sections dealing with ers and pro-family groups for the cause. Reed referenced his previous Enron work For a $380,000 fee, the conservative polit- in the October 2000 memo, noting Enron had running against a millionaire can- ical strategist proposed a broad lobbying didate, and so on. I think those are seen his ‘‘capabilities at work in the 1997 ef- strategy that included using major campaign fort in Pennsylvania,’’ where Reed helped good sections as well. So it is not all contributors, conservative talk shows and Enron build support for electricity deregula- wrong. I do hate to pass anything that nonprofits to press Congress for favorable tion. ‘‘Since that time, we have built a for- would curb an individual’s or group’s legislation. Reed said he could place letters midable network of grass-roots operatives in ability to participate in the election from community leaders in the opinion 32 states,’’ he wrote. process. pages of major newspapers, producing clips Reed offered to mobilize that network in Regretfully, I will be voting against that Reed would ‘‘blast fax’’ to Capitol Hill. an effort to deregulate the electricity mar- ‘‘We are a loyal member of your team and this bill—again, with no angst or anx- ket. At the time, Enron was seeking open ac- are prepared to do whatever fits your stra- iety against the proponent. I com- cess to the nation’s power grid so it could tegic plan,’’ Reed wrote in an Oct. 23, 2000, compete with traditional utilities. pliment them for their efforts and their memo obtained by The Washington Post. ‘‘In success today. public policy,’’ he wrote, ‘‘it matters less Reed’s memo stresses that his firm’s ‘‘long I yield the floor. who has the best arguments and more who history of organizing these groups makes us The PRESIDING OFFICER. The Sen- gets heard—and by whom.’’ ideally situated to build a broad coalition’’ ator from Wisconsin is recognized. The memo offers a glimpse into the rela- benefiting Enron. He said Enron’s arguments Mr. FEINGOLD. Mr. President, I tionship between Enron and the influential for deregulation were less important than yield to the Senator from Arizona such conservative, who was first recommended to commanding attention by enlisting the aid time as he may require. the company in 1997 by Karl Rove, now a sen- of elected officials’ friends and supporters. Mr. MCCAIN. Mr. President, I thank ior adviser to President Bush. Reed, head of ‘‘There are certain people—a friend or fam- the Senator from Oklahoma for his the Altanta-based consulting firm Century ily member, key party person, civic or busi- Strategies, is the former executive director ness leader, or major donor—whose cor- kind remarks about those of us who respondence must be presented to the [elect- support legislation that he opposes. It of the Christian Coalition and current chair- man of the Georgia Republican Party. ed] official for his personal reading and re- is typical of his generosity and spirit. I Reed has drawn criticism for his 1997 work sponse,’’ Reed wrote. thank him very much. on one Enron issue, a Pennsylvania deregula- Such prominent figures could act as surro- I also want to thank my friend from tion matter, but Century Strategies Vice gates for Enron while pressing lawmakers to Wisconsin, about whom I will speak President Tim Phillips said yesterday the rewrite statues, Reed said. later on today. As always, he con- firm’s relationship with Enron continued ‘‘We have the capacity to generate dozens tradicts Harry Truman’s old adage that until October 2001, when it ended by ‘‘mutual of high-touch letters from an elected offi- ‘‘if you want a friend in Washington, go agreement.’’ cial’s strongest supporters and the most in- out and buy a dog,’’ because he is a Phillips said Enron never finalized the spe- fluential opinion leaders in his district,’’ he very dear friend, and it has been one of cific lobbying job outlined in Reed’s memo, wrote. ‘‘Elected officials and regulators will but he declined to answer questions about the great privileges of my life to get be predisposed to favor greater market-ori- what tasks Reed did carry out for the Hous- ented solutions if they hear from business, close to him. It is a privilege knowing ton company. Reed did not return phone a truly honest man. civic, and religious leaders in their commu- calls. nities.’’ Mr. President, we have reached, at Last month Judicial Watch, a conservative Reed’s memo said his organization had a long last, the point when meaningful watchdog group, asked for a federal inves- record of harnessing the ‘‘minority commu- tigation into whether Rove arranged the 1997 reform in our campaign finance laws is nity’’ and the ‘‘faith community’’ to support Enron contract to avoid paying Reed from within our reach; in fact, it appears to his clients. be imminent. Although some of the Bush campaign funds. Others have ques- tioned whether the Bush camp had hoped to Reed proposed two lobbying strategies, one measure’s detractors have argued that costing $177,000 and the other $386,500. the American public doesn’t care about ensure Reed’s allegiance during the early days of the campaign. ‘‘I will assume personal responsibility for this issue, I think the outpouring of Enron has offered little information about the overall vision and strategy of the public support proves otherwise. its dealings with Reed, one of many promi- project,’’ he wrote. ‘‘I have long-term friend- In an online poll conducted by Harris nent political figures and commentators the ships with many members of Congress.’’ Interactive, 65 percent of those polled company cultivated ties with before it col- Reed proposed sending 20 ‘‘facilitating let- favored campaign reform to ban soft lapsed in bankruptcy late last year. Rick ters’’ to each of 17 members of the congres- money. While my colleague from Shapiro, the Enron vice president to whom sional commerce committees that handle de- Texas, who spoke earlier, was correct Reed addressed the memo, declined to com- regulation. Under the proposal, Enron would in saying that we are determined, he is ment. pay Reed’s firm $170,000 for generating the incorrect in asserting that we are a de- Reed’s influence has escalated over the last letters, each signed by a third party. termined minority. In a CNN/Time poll decade. He claims credit for helping Bush Reed asked Enron to pay his firm $25,000 to win several key presidential primary vic- last March, 77 percent of Americans de- generate letters to the editors of newspapers, tories, and he has served as an adviser to each signed by a prominent figure. ‘‘These scribed the current way in which can- members of Congress. Since 1997, when Reed op-eds and letters are then blast faxed to didates for Federal office raise money opened Century Strategies, his consulting elected officials, opinion leaders and civic for campaigns as either ‘‘corrupt’’ or clients have included political candidates activists for use in their own letters and pub- ‘‘unethical.’’ and corporations with interests in Wash- lic statements.’’ He said his firm had re- There has been some shrill media op- ington. He dropped Microsoft Corp. as a cli- cently ‘‘placed’’ opinion pieces in The Wash- position to this bill, particularly in the ent in 2000 after charges that he had lobbied ington Post and the New York Times. weeks since the House approved it by a Bush on behalf of the software company A $79,500 telemarketing campaign would vote of 240 to 189. The support for cam- while bush was governor of Texas. have cold-called citizens and offered to im- paign finance reform that is reflected The seven-page memo to Enron illustrates mediately patch them through to Congress. for the first time how Reed pitches his serv- ‘‘For one recent client, we generated more in newspapers around the country, I ices to major corporations and how he draws calls to a U.S. Senate office than had been think, more accurately reflects the on alliances he forged during ideological bat- received since impeachment’’ of President public sentiment on the issue. Mr. tles fought alongside conservative religious Bill Clinton, he wrote. ‘‘The result was a President, I ask unanimous consent leaders. It also shows how political consult- major victory for the client.’’ that several articles be printed in the ants have increasingly brought tactics once Finally, Reed said he had enjoyed ‘‘great RECORD. seen only in campaigns into the legislative There being no objection, the articles arena. success’’ in using conservative news-talk programs to spread his clients’ message to were ordered to be printed in the Enlisting Reed’s aid would have been in character with Enron’s strategy of aligning ‘‘faith-based activists.’’ RECORD, as follows: itself with high-visibility political figures ‘‘Our public relations team has extensive [From the Washington Post, Feb. 17, 2002] and pundits. Those who have accepted pay experience booking guests on talk radio BUSH 2000 ADVISER OFFERED TO USE CLOUT TO from Enron for their advice and other help shows, and has excellent working relation- HELP ENRON include Bush economic adviser Lawrence B. ships with many hosts,’’ he wrote, proposing (By Joe Stephens) Lindsey, Weekly Standard editor William a $30,000 fee. Just before the last presidential election, Kristol, economist Paul Krugman, CNBC ‘‘We look forward to working with Enron,’’ Bush campaign adviser Ralph Reed offered to commentator Larry Kudlow, U.S. Trade Rep- he said.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2108 CONGRESSIONAL RECORD — SENATE March 20, 2002 [From the Washington Post, Mar. 19, 2001] expenditures at moderate levels, provided ference, and the president should sign it. The WHY THIS LOBBYIST BACKS MCCAIN-FEINGOLD this is publicly disclosed and not done on a bill, as we’ve said before, doesn’t solve every (By Wright H. Andrews) quid-pro-quo basis. The First Amendment al- problem or close every loophole. Some need- lows every individual and interest to use its ed reforms aren’t addressed; other problems As a Washington lobbyist for more than 25 money to try, within reason, to influence will doubtless arise as time goes on. But this years, I urge Congress to make a meaningful Congress. And influence comes not just from measure takes on the trouble that’s dragging start on campaign finance reform and pass political contributions; it also comes from down the system right now: the exponential the McCain-Feingold bill. While many lobby- using money, for example, to hire lobbyists, growth of unregulated ‘‘soft-money’’ dona- ists privately express dismay and disgust purchase newspaper ads and retain firms to tions from corporations, unions and wealthy with today’s campaign finance process and generate ‘‘grass-roots’’ support. individuals. This flood of money, nearly $500 are in favor of reforms, most have not ex- I nonetheless think the time has come to million in the 2000 election cycle, eats away pressed their views publicly. I hope more lob- temper this right. We have reached the point at public trust by creating the sense that byists will do so after reading this ‘‘true con- at which other interests and rights must those big-money donations aim to buy ac- fession’’ by one of their own. come into play. Campaign-related contribu- cess. It creates an atmosphere in which at I am not an ivory-tower liberal, nor do I tions and expenditures at today’s excessive least some businesses feel obliged to con- naively believe we can or should seek to end levels increasingly have a disproportionate tribute in order to protect their interests. It the influence of money on politics. I have en- influence on certain legislative actions. Un- blows away the limits that the 1974 cam- gaged in many activities most reformers limited ‘‘soft’’ money donations and ‘‘issue paign finance law attempted to impose on abhor, including: (1) making thousands of ad’’ expenditures in particular are making a the influence of the wealthiest donors. dollars in personal political contributions joke of contribution limits and are allowing This is a system that needs changing. The over the years, (2) raising hundreds of thou- some of the wealthiest interests far too bill would do that by banning soft-money sands of dollars, including ‘‘soft money,’’ for much power and influence. contributions to national parties and taking both political parties and (3) counseling cli- Moreover, the ability of legislators to do federal candidates out of the business of so- ents on how to use their money and ‘‘issue their work is being reduced by the demands liciting big soft-money gifts for political par- ads’’ legally to influence elections and legis- of today’s campaign finance system. Many, ties. A majority of both houses is on record lative decisions. Why, then, does someone especially senators, now must devote enor- in support of these reforms. It’s now up to like me now openly call for new campaign fi- mous amounts of time to fundraising. the Senate to make sure the effort doesn’t nance restraints, at least on ‘‘soft’’ money Any significant new campaign finance lim- falter. End the delaying tactics. Just do it. and ‘‘issue’’ advertising? Quite simply be- its that Congress adopts will have to survive cause, as a Washington insider, I know that certain challenges in the Supreme Court. If [From the Washington Post, Feb. 11, 2002] on the campaign finance front things have Congress carefully crafts legislative restric- ARMAGEDDON mushroomed out of control. In the years I tions, the court will, I believe, uphold rea- have been in this business I have seen our We don’t see it in quite the same apoca- sonable limits by following reasoning such as lyptic terms as Speaker Dennis Hastert, who federal campaign finance system and its ef- it used in the Nixon v. Shrink Missouri Gov- fect on the legislative process change dra- likened this Wednesday’s House vote on cam- ernment PAC case, in which it noted that paign finance reform to Armageddon. But matically—and not for the better. ‘‘the prevention of corruption and the ap- I believe that individuals and interests the vote is plenty important. Lawmakers pearance of corruption’’ is an important in- can wash some $500 million in big-money generally have a right to use their money to terest that can offset the interest of unfet- influence legislative decisions. Nevertheless, contributions out of the federal system: the tered free speech. cash from corporations, unions and wealthy I know that lobbyists, legislators and the in- Some lobbyists continue to support the individuals that was supposed to be banned terests represented increasingly operate in a present campaign finance system because from individual campaigns but that parties legislative environment dominated by the their own abilities to influence decisions, and officeholders have learned to use for the campaign finance process, and its excesses and their economic livelihoods, are far more benefit of specific candidates. These are the are like a cancer eating away at our demo- dependent on using political contributions funds that often come from players who give cratic system. and expenditures than on the merits of their to both sides in a contest, contributions There is no realistic hope of change until causes. Others feel strongly that virtually no clearly aimed at buying access to office- Congress legislates. I readily admit that I campaign contribution and expenditure lim- holders. It’s long been clear that this cor- will continue, and expand, my own campaign its are permissible because of the First rupting flood should be stanched. The House finance activities—just as will most of my Amendment’s protections. And some, like has recognized it twice before, when mem- colleagues—until the rules are changed. me, believe additional restraints on cam- Right now there is an ever-increasing and bers passed essentially the same legislation paign finance are required and allowable if seemingly insatiable bipartisan demand for that will be before them on Wednesday. Now properly drafted. they need to summon the courage to do it more contributions, both ‘‘hard’’ and ‘‘soft’’ As to those in the last category, I invite again, when it counts. dollars. The Federal Election Commission and encourage them to work with me in Lob- It’s because the vote actually matters that has reported that overall Senate and House byists for Campaign Reform, a coalition to it might feel like the end of the world to Mr. candidates raised a record $908.3 million dur- urge Congress to pass meaningful campaign Hastert. He and other Republican leaders are ing the 1999–2000 election cycle, up 37 percent finance reforms, starting with the basic putting on the pressure, warning Republican from the 1997–1998 cycle. The Republican and McCain-Feingold provisions. Democratic parties also raised at least $1.2 members that the GOP stands to lose its ma- jority in the House if this reform becomes billion in hard and soft money, double what [From the Washington Post, Mar. 5, 2002] they raised in the prior cycle. Soft-money law. Of course Rep. Tom Davis of Fairfax, donations from wealthy individuals, corpora- JUST DO IT who chairs the Republican House campaign tions, labor groups, trade associations and The Senate has already voted once in favor committee, has been arguing the opposite, other interests have shown explosive growth. of campaign finance reform legislation; now pointing out that his party has a big lead in In addition, millions of dollars in unregu- it’s time to step up again and finish the job. raising the $1,000 contributions that would lated ‘‘non-contribution’’ contributions are Last month House reformers won passage of remain legal and taunting Democrats that being plowed into the system through ‘‘issue their version of the bill, fighting off ‘‘poison they’re the ones who would be hurt by re- ads.’’ pill’’ amendments to produce legislation form. The truth is that incumbents on both Today’s levels of political contributions that the Senate could accept without a con- sides of the aisle are addicted to the big and expenditures are undercutting the integ- ference. Since that vote, even two senators bucks and, like all addicts, they’ll say any- rity of our legislative process. who oppose the bill have acknowledged that thing to safeguard their supply—including Ironically, congressional lobbyists in gen- it’s time to move ahead on this issue: Sens. pretending to favor reform while they look eral are better, more professional, more eth- Gordon Smith (R–Ore.) and Ben Nelson (D– for a hundred different ways to derail it. But ical and represent more diverse interests Neb.) said they won’t support a filibuster to most legislators also know that their de- than in the past. Our elected officials today block the measure. But Kentucky Repub- pendence on big-money lobbyists hurts de- also are generally honest, hard-working and lican Sen. Mitch McConnell, a leading oppo- mocracy and curdles public attitudes toward well-meaning. But millions of Americans are nent, continues to seek delay. Today he is government. Reform will prevail if members convinced that lobbyists and the interests expected to ask Senate Republicans to help who supported it before stay the course. we represent are unprincipled sleazeballs him hold up consideration of the bill until he ‘‘There are a hundred ways to defeat this who, in effect, use great sums of money to can win approval of a package of what he de- bill.’’ Rep. Christopher Shays (R-Conn.) told bribe a corrupt Congress. scribes as technical amendments. But Repub- reporters last week. ‘‘But only one way to Many citizens believe that using money to licans shouldn’t go along. Sen. John McCain win.’’ try to influence decisions is inherently (R–Ariz.) says it’s time to bring the measure He ought to know: He’s been down this wrong, unethical and unfair. While sup- to a vote, and he’s right. Stop the foot-drag- road before. Reformers have been trying un- porting reforms and recognizing citizen’s ging. Majority Leader Tom Daschle ought to successfully to rein in the soft money system concerns, I disagree; I find little problem bring the House bill to the floor as soon as for many years. The bill he and Rep. Martin with political interests seeking to influence possible. Senators should approve it, reject- Meehan (D-Mass.) sponsored passed the elected officials through contributions and ing any amendments that would force a con- House in 1998 and 1999. In both those years
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2109 the leadership tried to block a vote. Both House—made it a poster child for the sordid can, if they are willing to spend a few times supporters began the unusual maneu- intersection of money and politics. years on it, take something that has ver of gathering signatures for a discharge The long-overdue reform would largely apparently little support and wind up petition to require the measure to be prohibit what’s called ‘‘soft money’’—dollars having substantial support. brought before the House; leaders com- from corporations, labor unions and wealthy We are about to see that happen, and promised when the petitions looked likely to individuals that are given to political par- succeed, and voluntarily scheduled votes. ties, then funneled into federal campaigns to Senator MCCAIN and Senator FEINGOLD This year Speaker Hastert threw up the bar- avoid Watergate-era contribution limits. are to be congratulated for leading the ricades again, only this time he didn’t move They made up the bulk of Enron’s giving. fight, taking the slings and arrows, and until supporters actually obtained the re- Reform still faces hurdles: repassage in the doing something that I think is going quired 218 signatures, a majority of the Senate over a filibuster threat and President to wind up benefiting our political sys- House. Local Republican Reps. Connie Bush’s equivocations. Even if the victory tem, this institution, and, most impor- Morella, Wayne Gilchrest and Frank Wolf stands, those determined to keep buying tantly, what we are supposed to be deserve credit for signing the petition de- what’s euphemistically called ‘‘access’’ to about more than anything else, bene- spite the opposition of their own party lead- politicians—access that ordinary folk don’t fiting the Nation. ers. Now the bill will come to the floor under have—are already testing new evasions. It has been pointed out that there are a complicated rule that allows consideration The ultimate answer is public financing, of two substitute measures and a series of allowing qualified candidates to run without problems with this legislation. It is amendments. pandering themselves to monied interests. pretty extensive. No doubt the oppo- The procedure may be complex, but the Four states are trying that now. nents of this legislation are correct in goal is simple: Pass the Shays-Meehan bill in But closing the outrageous loophole for that. I know of no legislation of this a form that will allow the Senate, which has special interests is a vital first step in re- type that is not complex and without already passed a companion measure, to ac- storing democracy to the democratic proc- problems. cept it without a conference committee. A ess. It has been pointed out there will vote that leads to any other outcome is a Mr. MCCAIN. Mr. President, fol- probably be some unintended con- vote to kill campaign finance reform. That lowing the cloture vote, assuming the sequences. No doubt that is correct. means members must reject the alternative It has been pointed out that people proposed by Rep. Robert Ney (R-Ohio) and outcome of the vote is what I hope and unfortunately cosponsored by Democratic believe it will be, I will again seek rec- will start from day 1, after this is over, Rep. Al Wynn of Prince George’s County. ognition to offer further comments on looking for loopholes, looking for the That bill purports to cap soft money con- what I consider to be one of the most soft spots. ‘‘You cannot do anything tributions rather than ban them outright, critical legislative measures on which I about money,’’ they say. And there is but it is sham reform. Its limits are so high have had the privilege to work. Today’s no doubt people will be looking for that it would have permitted 80 percent or vote, as reflected in these and other loopholes. more of the soft money donations made in countless newspaper articles and edi- They even say that certain portions the last campaign cycle. Members must also torials, is about curbing the influence are unconstitutional. They are prob- reject ‘‘poison pill’’ amendments that would ably correct about that. Fortunately, derail the bill in the Senate. And no one can of special interests. Now is the time to get away with claiming that he or she is vot- enact real reform and return the power we have a clause that will not cause ing against Shays-Meehan because amend- to the people and restore their faith in the rest of the bill to fall. I believe the ments approved in the Senate have made the the Government. major portions of the bill and the more reform bill too weak. The alternative to this Mr. President, next to me—the next important parts of the bill are con- bill is no real reform at all. And that’s not speaker—is a person who played a very stitutional, according to decisions the an alternative that anyone, least of all vot- key and vital role in the formulation of Supreme Court has already made. ers, should accept. I am willing to concede those points. this legislation. A lot will be written Those points are not unusual or indige- about how this 7-year odyssey came to [From USA Today, Feb. 15, 2002] nous to this bill. They are things we an end. One of the chapters in that CAMPAIGN REFORM, AT LAST see all the time. Once we get through book will be the time when Senator Thanks, Enron. the meat grinder, the legislative proc- THOMPSON, the Senator from Ten- Twenty-seven years after Watergate-era ess, we rarely come with a perfect piece nessee, and Senator FEINSTEIN, the reforms sought to curb the clout of of legislation. This has an awful lot of megabuck money in politics, Congress fi- Senator from California, engaged in good in it, and it is going to do some nally voted Thursday to close a loophole delicate operations. The bill was basi- good. that has allowed the law to be flouted since cally dead when they began those nego- 1988. The argument that we will have to tiations. I won’t go into the details of change it in another 20 years does not Following on last year’s Senate passage of them. But through a near miraculous a similar bill, the victory is sweet. But it re- concern me that much. We had legisla- quired a bitter, uphill fight against House turn of events, because of the dedicated tion that worked in this area for about leaders who shamelessly fought to keep a efforts of Senator THOMPSON and Sen- 20 years, and it did a pretty good job. half-billion-dollar stream of ‘‘gifts’’ pouring ator FEINSTEIN, we reached an agree- Then we had to change it, and that is in. ment on crucial parts of the bill, and what we are doing now. There is noth- Ironically, reformers probably have the we were able to move forward. I will be ing wrong with that. There is nothing corporate scoundrels at Enron to credit for grateful to my friend from Tennessee to be afraid of with regard to that. their success. For more than a decade, Re- for many reasons, but that is only one publicans and Democrats, the House, Senate We have to keep in mind the his- and White House took turns killing cam- of them in the long list of debts that I tory—where we have been—to know paign reform. Twice in the late 1990s, House- owe him. I thank my friend from Ten- where we are going. It is true that passed reforms were blocked by Senate fili- nessee, who will speak next. loopholes developed in the law. That is busters. Last year, the House sidetracked a I yield the floor. what we are about today. It has been Senate-passed reform bill. Mr. FEINGOLD. Mr. President, I said of the last law that was passed in This time, defenders of the seamy status thank the Senator from Tennessee as 1974, major legislation, that it was a quo were counting on an about-face by col- well. He was there from the very begin- failure. I disagree. That law was a pub- leagues who previously had postured as re- ning. He has been incredibly helpful on formers, confident changes would never be- lic financing system for Presidential come law. the floor and in negotiations. I yield elections, and it was pretty much an Enron made that politically impossible. him such time as he may require. even playing field. The candidates The company clearly enjoyed exceptional The PRESIDING OFFICER. The Sen- spent about the same amount of clout in energy-policy decisions and appoint- ator from Tennessee is recognized. money. There was not any scandal, ments, even though the $6 million Enron and Mr. THOMPSON. Mr. President, I Democratic or Republican, during that its executives showered on federal politi- thank my colleagues from Wisconsin period of time. Sometimes the incum- cians during the past decade didn’t place it and Arizona. Their leadership in this bent won, sometimes the challenger at the top of the list of generous special matter has been noted many times. It pleaders. won. To me, that is the United States Still, Enron’s outrageous abuse of inves- cannot be stressed too much. of America. That situation prevailed tors and employees, coupled with its excep- It is another indication that people for approximately 20 years. tional political charity—greasing the treas- who are intent on doing something In the 1990s all that changed. We had uries of 95% of the Senate and 67% of the they believe is good for the country an administration that was willing to
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2110 CONGRESSIONAL RECORD — SENATE March 20, 2002 take chances with the law and legal in- uation in this country where we fi- The assistant legislative clerk pro- terpretations that no one, until that nanced our Federal campaigns with ceeded to call the roll. point, was willing to take. We had a small contributions and a lot of people Mr. DASCHLE. Mr. President, I ask regulatory environment in which deci- to a system where we are more and unanimous consent that the order for sions were made that were incon- more dependent on huge entities giving the quorum call be rescinded. sistent, contradictory, complex, and tremendous amounts of money and a The PRESIDING OFFICER. Without hard to understand. future that points toward fewer people objection, it is so ordered. If we put all that together, we wind being involved in the process. Mr. DASCHLE. Mr. President, I want up with the result we have today. But We have gone from a situation where to add my voice to the many this we should not denigrate the fact that the maximum contribution solicited morning who have spoken with some we can legislate in this area to some was $1,000 to a situation where those relief and satisfaction and confidence good effect. raising the money would consider about the outcome of the vote. There I have spent a lot of time in this themselves foolish if they spent too are many who can take credit for the Chamber talking about reasons we much time on raising those hard dol- success we are about to experience, but should not regulate in many areas. I lars when they can pick up the phone none more than the colleague who is believe the government closest to the to these big outfits and raise it many sitting to my left, Senator FEINGOLD. people is the best. I believe in our prin- times that. You are not a player any- He and Senator MCCAIN have been ex- ciples of federalism. I believe State and more unless you have $20,000, $30,000, traordinary in their persistence and local governments should step up and $40,000, $50,000, or $100,000. their willingness to negotiate, to com- assume the responsibilities they tradi- The same entities pick up our ex- promise but yet to hold fast to the tionally have had in this country for penses for the convention. There is a principles that make this legislation 200 years. I believe all of that. But tremendous amount of money now worthy of its passage and historic in surely the most conservative of us coming into play that was not there a its nature. must recognize that there are certain short time ago. We have a system now We are concluding one of the most areas which are within the Federal that benefits the politicians and bene- important debates we will have had in province. fits the parties, and we try to make this Congress. Thomas Paine, the Certainly national defense comes to folks think it is our birthright. It has famed revolutionary, once offered an mind. Recently we have been working not always been that way. It is a recent explanation for why corrupt systems on our national parks and what is hap- creation, and it is not a good creation. often last so long. He said: Why is it not good? It is not good to pening to them. Those are responsibil- A long habit of not thinking a thing wrong ities the Federal Government has have legislators or Presidents be too gives it a superficial appearance of being taken on. We have taken on the respon- dependent on people for whom they are right and raises, at first, a formidable cry in sibility of our infrastructure and items supposed to be making laws that affect defense of custom. of that nature. their lives. When the very people who That is certainly true of the way we I believe the election of Federal offi- have legislation before you are coming pay for campaigns in this country. Our cials falls into that category. If we as to you with greater and greater reliance on special interest money to a body cannot take a look at our sys- amounts of money for your political run political campaigns is such an old tem, why it is working and not work- campaign, that creates a potential con- habit that for a long time it had the ing, and legislate in that area, I do not flict of interest that we simply do not superficial appearance of being right. know in what area we can properly reg- need. It does not look good. The Amer- But not anymore. The American people ulate. I have no problem stepping up to ican people think, the average Joe on understand that special interest money the plate, as we did in 1974, and saying the street thinks, that with that much too often influences who runs, who we are going to place some limitations money being paid to that few people, wins, and how they govern. on contributions and we are going to they are expecting something for it. While there is still a vocal minority The PRESIDING OFFICER. Time has have a system of Presidential cam- who deny it, a clear majority of this expired. Twenty-six seconds remain in paigns where we are not going to have Congress and an overwhelming major- opposition. ity of the American people know our millions and millions of dollars of soft Mr. FEINGOLD. Mr. President, I ask current campaign finance system is money pouring in from unions and cor- unanimous consent that the Senator broken. Now is the time to fix it. porations throughout this Nation. It from Tennessee have 30 additional sec- Almost 1 year ago, the Senate passed worked for a good period of time, and onds. we are about to do something that is The PRESIDING OFFICER. Without the McCain-Feingold campaign finance going to work for another good period objection, it is so ordered. reform bill. At the time, we had 2 solid of time. Mr. THOMPSON. I appreciate that, weeks of debate and we passed a good, It is important that we keep in mind Mr. President. I will wind up by saying strong bill. Opponents of reform in the the nature of the problem we are try- we have a chance to address this con- House used every argument and excuse, ing to address. We are not federalizing stant scandal waiting to happen. We every imaginable ploy, to stop the bill something that does not pertain to the are making headway to do something from becoming law. Federal Government. We are not cre- that will reduce the cynicism in this For a while, it looked as if they had ating some new regulatory scheme. We country that will help this body, that won, but 1 month ago the reformers probably cannot get all the regulations will help us individually, and will trade turned the tide. The House passed the under the current system in this Cham- increased hard money limits for the re- Shays-Meehan bill, and the President ber. They are complex. They are con- duction of soft money, a tradeoff that has indicated he will sign it. Now it fusing. They are extensive. We already will help challengers reach a threshold falls to the Senate, which started this have that system. credibility when they want to chal- process, to finish it, and today with Explain to me the rules that pertain lenge us in these races. this vote we will. to what the State parties can do vis-a- So I commend my colleagues for this I am a realist. I know this bill does vis the national parties. They can legislation. There is much more good not address every flaw in our system, trade money back and forth, percent- in this than ill, and I think it will help and I know there are those who are al- ages for this, percentages for that. It this institution and ultimately this ready looking for ways to work around would take the brain power of a nu- country. this bill. But as Senator FEINGOLD has clear scientist to figure it out. That is The PRESIDING OFFICER. The Sen- often said, it does show the public we the current situation. So we should not ator from Wisconsin. understand the current system does be bashful about stepping up, recog- Mr. FEINGOLD. I thank my col- not do our democracy justice. nizing the problem, and believing we league from Tennessee for all his sup- It curbs some of the most egregious can do something about it. It is our re- port and his excellent statement. injustices. It bans soft money, the un- sponsibility to do something about it. I suggest the absence of a quorum. limited, unregulated contributions to What is that problem? The problem The PRESIDING OFFICER. The political parties. It curbs issue ads, simply is this: We have gone from a sit- clerk will call the roll. those special interest ads that clearly
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2111 target particular candidates in an at- Let us take the power away from spe- Hatch McConnell Shelby tempt to influence the outcome of an cial interests and give it back today to Helms Murkowski Smith (NH) Hutchinson Nickles Thomas election. It calls for greater disclosure the American people where it belongs. Hutchison Roberts Thurmond and increases penalties for violation of We can do that today. The time is now. Inhofe Santorum Voinovich the law. I yield the floor and suggest the ab- Lott Sessions Often those who are the loudest and sence of a quorum. The PRESIDING OFFICER (Mr. decry the abuses of our current system The PRESIDING OFFICER. The CORZINE). On this vote, the yeas are 68, are the staunchest defenders of that clerk will call the roll. the nays are 32. Three-fifths of the Sen- system. The assistant bill clerk proceeded to ators duly chosen and sworn having If you really are outraged by the call the roll. voted in the affirmative, the motion is abuses, you need to fix the system that Mr. REID. Mr. President, I ask unan- agreed to. invites them. If you want to fix the imous consent the order for the The Senator from Wisconsin. system, now is the time to do it. There quorum call be dispensed with. Mr. FEINGOLD. Mr. President, is it are those who have argued and will The PRESIDING OFFICER. Without correct that there are now going to be continue to argue that in an attempt objection, it is so ordered. 3 hours of debate on the bill equally di- to make things better we will only vided? CLOTURE MOTION make things worse. But since its found- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The hour ing, the goal of America has been to ator is correct. of 12:50 has arrived. Under the previous strive for that more perfect union our Mr. FEINGOLD. Mr. President, we order, the clerk will report the motion Founders envisioned. are enormously gratified by the vote to invoke cloture. To say we should not attempt to on cloture. We know that some Mem- make things better begs the question: The senior assistant bill clerk read as bers who don’t even support the under- ‘‘Is what we have now good enough?’’ Is follows: lying bill thought it was appropriate it ‘‘good enough’’ that half of the gov- CLOTURE MOTION and correct to bring the debate to a ernment has to recuse itself from an We, the undersigned Senators, in accord- close at this point. We thank all of our investigation of a failed company be- ance with the provisions of rule XXII of the colleagues for such a tremendous show- cause it spread around so much money Standing Rules of the Senate, hereby move ing of support to bring this issue to a to bring to a close the debate on Calendar conclusion. to those who were involved, to so many No. 318, H.R. 2356, a bill to provide bipartisan people in that community? Is it ‘‘good campaign reform: With that, I am very pleased to yield enough’’ that in every election the Russell D. Feingold, Tom Daschle, Tim 7 minutes to one of the strongest sup- amount of money spent goes up and the Johnson, Byron L. Dorgan, Bob Gra- porters of this legislation and a tre- number of people voting goes down? Is ham, Daniel K. Inouye, Joseph R. mendous ally, the Senator from New it ‘‘good enough’’ that the current sys- Biden, Jr., Patty Murray, James M. York. tem is more loophole than law? Jeffords, Jeff Bingaman, Debbie Stabe- Mr. SCHUMER. Mr. President, I con- If we look at the rising tide of money now, Max Baucus, E. Benjamin Nelson, gratulate my colleagues, the Senators in politics, the influence that money Harry Reid, Richard J. Durbin, Jon from Arizona and Wisconsin, as well as Corzine, Thomas R. Carper. buys and the corrosive effect it has on our majority leader, for the great job people’s faith in government, the an- The PRESIDING OFFICER. By unan- they have done. We even reached more swer, then, is clearly no. imous consent, the mandatory quorum than two-thirds. So if they ever change Ours is a government ‘‘of the people, call has been waived. the law, go back to the old filibuster by the people, and for the people.’’ It is The question is, Is it the sense of the law, we will still have an ability to win not a government of, by, and for some Senate that debate on H.R. 2356, an act this vote. My hat is off to both Sen- of the people. to amend the Federal Election Cam- ators for their focus, their steadfast- With this vote, we stand on the verge paign Act of 1971, shall be brought to a ness, and for their great victory today. of putting the reigns of government close? I rise in strong support of this bill on back into the hands of all people. We The yeas and nays were ordered the campaign finance system. It has owe that in large measure to the stew- under rule XXII. The clerk will call the been a long time in coming, but we are ardship and commitment of our col- roll. now on the verge of making history. leagues, Senators MCCAIN and FEIN- The assistant legislative clerk called With this vote, we are one giant step GOLD. Time and again, they have re- the roll. closer to a new era of campaign fi- fused to compromise their principles in The yeas and nays resulted—yeas 68, nance, a new era of voter confidence in the face of incredible pressure, but nays 32, as follows: our government, and a new era of bet- time and again they have acted in the [Rollcall Vote No. 53 Leg.] ter and stronger democracy. national interest rather than their re- YEAS—68 Again, I thank everyone, particularly spective partisan interests. So I thank Akaka Durbin Lugar Senators MCCAIN and FEINGOLD, and them for their service to our Republic Baucus Edwards McCain Senator DASCHLE, for their unyielding and to the Senate. Bayh Feingold Mikulski leadership and their dedication to see- Biden Feinstein Miller ing these reforms enacted. It takes It has taken us a long time to get to Bingaman Fitzgerald Murray more than you can even imagine to get this point. The last time Congress Boxer Frist Nelson (FL) strengthened our political system by Breaux Graham Nelson (NE) something such as this done. Senators, loosening the grip of special interest Byrd Grassley Reed you did it. Our Nation owes you our Cantwell Hagel Reid money was 1974, more than a genera- Carnahan Harkin thanks. Rockefeller tion ago. Congress may not have an- Carper Hollings We all know that soft money is slow- Sarbanes Chafee Inouye other chance to pass real campaign re- Schumer ly but inexorably poisoning the body Cleland Jeffords politic. One hundred years ago, we out- form for yet another generation, long Clinton Johnson Smith (OR) after most of us will have left. Cochran Kennedy Snowe lawed corporate contributions to cam- Passing this bill will likely have a Collins Kerry Specter paigns; we thought we did. Twenty-five profound impact on each of us for the Conrad Kohl Stabenow years ago, we outlawed unlimited giv- Corzine Kyl Stevens rest of our time here, and none of us Daschle Landrieu Thompson ing to campaigns, or believed we did can be absolutely sure what that im- Dayton Leahy Torricelli then, too. But today soft money makes pact will be. But we know this: The Dodd Levin Warner a mockery of all three of these rules. status quo is not acceptable and today Domenici Lieberman Wellstone The $450 million in soft money raised Dorgan Lincoln Wyden it will end. The currency of politics by the two parties in the last election should be ideas, not dollars. It is time NAYS—32 doubled the amount given in the 1996 for us to start putting the currency Allard Bunning DeWine election. It had no limit, but the size of back into circulation. Allen Burns Ensign the donors’ bank account was obvi- Bennett Campbell Enzi After years of debate and months of Bond Craig Gramm ously intended to influence Federal delay, let us do this one final thing. Brownback Crapo Gregg elections.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2112 CONGRESSIONAL RECORD — SENATE March 20, 2002 We have to restore the system of reg- meet that goal. Once we have enacted that? But to do so, I might spend, let’s ulated contributions. If we don’t, the this legislation and election reform— say, $2.3 million, to be reelected. cynicism and distrust and lack of en- one that shuts down loopholes in fi- Now, why do people get all worked up gagement that are already so pervasive nancing of campaigns and the other about $2.3 million, when you watch the will continue to spread. Our citizens that modernizes the actual voting Super Bowl commercial on Super Bowl are increasingly tuned out from our mechanisms; one limiting some influ- Sunday, and one 30-second commercial democratic process. Voter turnout for ence from the top, the other increasing costs about $2.3 million? Are we ready the 1998 election was 36 percent, the influence at the bottom—we will have to say that it is OK on one Sunday lowest turnout for a nonpresidential brought our democracy into the 21st afternoon out of a year that it is OK election in 56 years. In presidential century and made it stronger and more for commercial free speech, for people elections, turnout has declined 13 per- vital than it has been in years. to spend $2.3 million for a 30-second ad, cent since 1960. The first step, today’s step, is to vote and it is wrong for a candidate and his We all know that banning soft money for campaign finance reform. I urge my supporters for a whole year of an elec- won’t cure all of this by itself, but it colleagues to join me in doing what we tion to spend approximately that will help restore the impression and all know is the right thing: to support amount of money? No. the reality that politics is more than a this bill and to remove soft money I think political speech is even more game played by and for only those who from our elections. important than commercial free can afford to give. I yield the floor. speech, and that we ought to do every- This bill creates new requirements The PRESIDING OFFICER. Who thing we can to perpetuate more polit- that will ensure the integrity of our yields time? ical free speech than we do, instead of campaign system. It bans national par- The Senator from Iowa. trying to curb it. ties from raising and spending soft Mr. GRASSLEY. Mr. President, I It is quite obvious that I think we money. It bans Federal candidates and have permission from Senator MCCON- should not pass this legislation. The officeholders from raising soft money. NELL to yield myself 10 minutes. American people deserve an open sys- It bans State and local parties from Mr. LEVIN. Mr. President, I ask tem—one that shines in the full light using soft money to pay for TV ads and unanimous consent that following the of day on campaign contributions, and election activities that mention spe- Senator from Iowa, I be recognized for that ought to be the ruling force—not cific candidates. It bans corporate and 10 minutes, as authorized by the Sen- the amount of money. union funding of sham issue ads prior ator from Wisconsin. At the same time, we should make it to elections, and it requires disclosure The PRESIDING OFFICER. Without easier for citizens to become engaged of individual and group donations for objection, it is so ordered. in the electoral process. However, the these ads. The Senator from Iowa. campaign finance bill before us con- Opponents of campaign finance re- Mr. GRASSLEY. Mr. President, I rise tains fatal flaws. The one I am going to form claim this bill will harm grass- to explain my opposition to this bill mention has been talked about so roots politics because the spending but also to point out that I voted for much that I almost do not need to re- limits will force the national parties to cloture because it is quite obvious that peat it. That is the most egregious focus on national candidates and not we have reached closure on this bill, problem with this legislation—the pro- on the local candidates. The bill’s op- and we might as well get to final pas- vision that limits the free speech of ponents have it wrong. Campaign fi- sage and move on. some organizations 60 days before an nance will strengthen our grassroots I could just as well vote yes and look election. Whether it is an individual or political system by breaking the par- like a reformer, but looking at it cyni- an organization, why curb discussion of ties’ reliance on a handful of very cally and looking at the history of the any political issue in America? Groups wealthy contributors and forcing them 1974 legislation, previous reform at- from across the political spectrum to build a wider base of small donors tempts have evolved into a money ma- would be prohibited from commu- and grassroots supporters everywhere. chine for politics. Congress meant to nicating their views if they even refer In addition, the bill includes a nar- reform the process in 1974, but it has to a candidate for Federal office. I row exemption so that local political been proven that legally money is don’t think we should put a damper on parties can raise a limited amount of going to find its way in to support po- any organization speaking at any time soft money. litical speech. I could find a way to ra- in the United States about political There are some who believe this in- tionalize voting yes on this bill to look ideas, but especially 60 days before an fringes on the first amendment. I can- like a reformer. election. Limiting political discourse not believe the Founding Fathers Still, down the road there are going at election time solves nothing and it thought that the right to put the same to be people who are very astute at curbs the advancement of democracy. commercial on 5,112 times was intended finding a way within the law to spend It also goes against the grain of one to be protected by the first amend- money in the support of political of our most fundamental rights, the ment. No amendment is absolute—not speech. Because the democratic process right of freedom of speech. Political the first, not the second, not any of in the United States is so central to speech is what the authors of the Bill them. This seems to me to be a reason- our way of life, there should not be any of Rights were talking about, although able limitation. impediments whatsoever put in the it has been expanded way beyond polit- In fact, I hope the Supreme Court way of getting political ideas ade- ical speech, to even cover commercial will reconsider Buckley v. Valeo so quately explored, particularly during a speech. that we can go further in terms of re- Presidential election. I am not going to But I also believe that the complete form because this bill takes us almost look like a reformer. I am going to ban on soft money in this bill goes too as far as you can get given the con- vote no on this legislation. And the far. Political parties raise this money straints of Buckley. And that seems to reason is this: I see people get worked to finance voter registration drives, get me to be one of the worst decisions ren- up about the fact that candidates spend out the vote activities, and commu- dered by the Supreme Court in the last large sums of money in their cam- nications about issues that parties 25 years. paigns—I will use myself as an exam- stand for. These are essential functions We take an important step by voting ple. Every sixth year my campaign of a political party. They are also ac- for campaign finance reform. I hope we might spend roughly $2.3 million to get tivities that increase voter participa- will complete the job, either this week reelected. My campaign does. My jun- tion. or next month, of strengthening our ior partner from Iowa has generally Effective limitations on soft money electoral system by passing electoral spent about $6.5 million. But whether are necessary to reduce real and per- reform as well. it is $2.5 million or $6.5 million, it is all ceived corruptions in the system, but a Chairman DODD has been heroic in spent to promote ideas. That is what complete ban would undermine the role his efforts to get the bipartisan bill fi- our form of government is all about— of national political parties. Who is nalized and back to the Senate floor. I the expression of ideas and the imple- going to fill the void in the process if will do everything I can to help him mentation of ideas. What is wrong with we tie the hands of the parties? The
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2113 Democrats have always relied upon we should be doing more. However, ing—an attempt to appear to be doing some- labor unions to man phone banks and some of the purported reforms in this thing. Money, meanwhile, will just find new get people to the polls. That would not bill simply won’t work and may even routes to intended targets. Had Congress en- change the result of this bill. The Re- be counterproductive. I am not the acted real measures to better assure that voters know who’s contributing to who, at publicans, however, don’t have an ex- only one to spot the problems in this least then you’d have a basis on which to ternal organization to fall back on. Re- bill. judge candidates. publicans rely on the party to build Recent editorials in the two largest and mobilize their grassroots network. newspapers in the State of Iowa high- [From the Des Moines Register] light many of the same concerns I have This bill takes the Republicans’ organi- CAMPAIGN ‘‘REFORM’’ WON’T WORK zational ability and cuts it off at the just outlined. While members of the U.S. House of Rep- knees, but it leaves the other party un- Many attempts were made in both the House and the Senate to fix the resentatives engaged in what Speaker Dennis touched. They have legitimate ideas Hastert called political ‘‘Armageddon’’ over that ought to be explored, but so do we. problems with this bill, but to no avail. campaign finance last week, most Americans That is hardly a balanced approach. If this bill passes in its current form, were riveted by a scandal unfolding at the A big reason why soft money spend- I believe we will have lost an impor- Winter Olympics. ing has increased in the first place is tant opportunity to enact a balanced It’s worth considering how the two events the limitations on campaign contribu- and sensible package of real reforms to are alike, and how they are different. While tions by individuals. The cap on indi- our campaign finance system. There- both politics and sports would be ruled by vidual donations has been frozen at the fore, I must reluctantly vote against merit, not money, the question is who makes the final passage of this bill. the decisions. same level since 1974. This made the in- What drew extra attention to the Olympics dividual contributions work less and Mr. President, I ask unanimous con- sent to print several editorials and an was the allegation of misconduct in the judg- less over the years. ing of the figure-skating competition. But I am pleased that this bill increases article in the RECORD. putting aside the issue of possible corrup- the individual contribution limit There being no objection, the mate- tion, the question is whether medals should amount and indexes it for inflation. It rial was ordered to be printed in the be awarded by a panel of judges or by ap- is high time we put more emphasis RECORD, as follows: plause meters. Obviously, experts should back on individuals by individual citi- [From the Cedar Rapids (IA) Gazette, Feb. make the call. zens instead of corporations or unions. 22, 2002] In the case of American-style democracy, On the other hand, the new prohibi- NOT MUCH ‘‘REFORM’’ IN CAMPAIGN FINANCE however, the applause meter is supposed to BILL rule, but a lot of people believe the meter is tions on soft money will simply cause broken by the corrupting influence of cam- an increase in spending on other areas. How much reform will actually emerge from campaign finance legislation now being paign money. Legislation designed to fix it For instance, spending on issue ads can fine-tuned in Washington? was passed by the House in the small hours impact a campaign but is not regu- One has to wonder, given comments by of the morning Thursday. lated. Some have advertised the new Rep. Jim Nussle, R–2nd District, to the Ga- But it no cure, and could make matters restrictions as getting the money out zette editorial board Monday. On the morn- worse. of politics, but they don’t get the ing of its final vote, Nussle observed, he felt The Shays-Meehan campaign finance ‘‘re- money out of politics—or they don’t ‘‘Shays-Meehan no longer looked like Shays- form’’ is advertised as preventing ‘‘special get rid of the money in politics. They Meehan.’’ interests’ from buying influence in Congress. One provision ‘‘that was snuck in, in the It would, among other things, ban ‘‘soft only shift it from one place to another. middle of the night’’ said the reforms don’t money’’ given to national political parties to In fact, this point is illustrated by an apply to the 2002 election. ‘‘If it’s so bad, and evade the limits on contributions to indi- article that appeared in Roll Call, Feb- so corrupting and so illegal and so rotten, vidual candidates. ruary 21, entitled ‘‘House Democrats then let’s get rid of it,’’ Nussle said. But that Like previous efforts to ‘‘reform’’ cam- Make Plans to Circumvent Campaign stayed in, so that makes me suspicious. paign financing, this one would simply chan- Reform.’’ This article described a ‘‘The other thing that makes me sus- nel the money into a different pocket. Just promise that was made, apparently, by picious is that you can borrow against soft as the post-Watergate cap on individual con- money. You can borrow hard money with tributions led to political-action committees the House minority leader to a group of your soft money, and after the election, pay Democratic Members. He assured them and soft money. Those with the will and the off your debt of hard money, with soft wallet to influence the political process will that he would help raise money for cer- money. That was another exception.’’ Soft find a way around this legislation, too, if it tain outside groups aligned with the money refers to unlimited and unregulated becomes law. Democrats, despite the new fundraising donations to national political parties. hard Meanwhile, the bill adds to the already restrictions that he supported. These money, which falls under federal regulation, burdensome regulatory bureaucracy that groups can then turn around and use involves contributions by individuals to can- terrorizes the poor candidate who does not this money to run unregulated issue didates or a party committee. ‘‘Now all these have an army of lawyers and accountants to parties are going to be borrowing money,’’ figure out the rules. For incumbents with big ads to the benefit of Democrat can- Nussle said. didates. This example belies the con- treasuries, however, there is much to like in That didn’t get much attention, Nussle this bill: It doubles the amount an individual tention that a soft money ban will continued, ‘‘because Shays-Meehan has now may give to a candidate for federal office, solve the problem of money in politics. become a slogan. You either vote for Shays- and it would prohibit ‘‘special interest’’ The best method of combating the in- Meehan or you’re against campaign finance groups from putting ‘‘attack ads’’ on TV fluence of money in politics is to re- reform.’’ within two months of election day. The final version of Shays-Meehan allows quire full disclosure of campaign dona- Besides raising obvious constitutional either party to build or buy a building, ‘‘even questions, this bill is wrong in principal. If tions. I don’t care even if it is to the though only one party is going to do this,’’ people desire to spend their own money on a penny. We can try to regulate ethical Nussle continued: ‘‘You can’t do that now. political candidate or a cause, they have behavior by politicians, but the surest You can’t do any of those activities now, but that right under the First Amendment. way to cleanse the system is to let the they’re all made exceptions as part of this ‘‘Special interest’’ include ordinary people in Sun shine in. We must allow the voters bill.’’ Nussle believes in full disclosure. That’s groups, whether it’s the National Rifle Asso- to hold candidates accountable. ciation or the National Abortion Rights Ac- I have been a longtime advocate of the Gazette’s long-held view. (He also said he doesn’t use, raise or need ‘‘soft money.’’) tion League. comprehensive disclosure require- Nussle claims to be one of only 13 in Con- The law stops short of banning independ- ments. In fact, this bill contains sev- gress who fully disclose contributions, ‘‘fol- ently wealthy individuals from using their eral positive reforms. It increases the lowing the letter of the law.’’ own money to get themselves elected. Why number of times candidates have to re- ‘‘I’ve always thought that maybe it should shouldn’t someone with the same resources port contributions to the FEC, and it be the 13 of us who write the bill and not the be able to put his or her money on someone makes report information more acces- other 400–500 and whatever that would be, be- else? sible to the public. This bill also in- cause, quite honestly, unless you’re willing It is naive to believe it possible to legislate good behavior by politicians. Instead, let the creases penalties for campaign finance to follow the law, you don’t have much standing to complain about the law.’’ Good democratic applause meter do its work: Give law violations and provides for tough point. citizens quick and easy access to campaign- new sentencing guidelines. These are Reform? Change? No way. This legislation finance reports, and if they don’t like what precisely the sorts of reforms of which is only so much post-Enron chest-thump- they see, they can boo the rascals off the ice.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2114 CONGRESSIONAL RECORD — SENATE March 20, 2002 [From Roll Call, Feb. 21, 2002] party’s grassroots activities, activities that That is the law on the books today. HOUSE DEMS MAKE PLANS TO CIRCUMVENT will be curtailed by a soft-money ban. Yet over the past few years, we have CAMPAIGN REFORM ‘‘I’ve been involved in too many elections see almost geometric growth of con- in my lifetime to leave questions unan- (By Alexander Bolton) tributions of hundreds of thousands of swered to the point where I have to just take As comprehensive campaign finance re- people at their word,’’ said Thompson, refer- dollars, even millions of dollars, from form nears its expected enactment, House ring to Gephardt’s promise. ‘‘The oppor- individuals, corporations, and unions, Democratic lawmakers have already adopted tunity for [minority] participation and the and even contributions from foreign strategies for redirecting the flow of large opportunity for [minorities to participate in] sources. How is that possible, we ask. contributions to outside groups aligned with elections in the South has been hard fought Our pretty good law—setting limits their party, a move they hope will help them for.’’ on the size and source of contribu- regain control of the Chamber. ‘‘I was not satisfied enough with what was tions—had gaping holes punched in it, House Minority Leader Dick Gephardt (D– on the table at the time to change my vote,’’ Mo.) has assured African-American members he added. ‘‘There were not enough specifics the largest of which is the soft money of his caucus that he will raise money for to give me comfort.’’ loophole. That is the loophole that al- groups such as the National Association for Thompson’s spokesman, Lanier Avant, said lows parties to raise unlimited the Advancement of Colored People (NAACP) that state parties do not have the resources amounts of money from individuals as and the Southwest Voter Project to pay for to mobilize voters. well as corporations and unions so long their voter registration and get-out-the-vote ‘‘We have no confidence in the state par- as they use the money for activities ties to fund those efforts,’’ Lanier said. ‘‘We operations. that don’t expressly, explicitly advo- Reform legislation sponsored by Reps. need the national soft dollars.’’ Chris Shays (R–Conn.) and Marty Meehan ‘‘We’ll see if [Gephardt] comes through on cate the election or defeat of a can- (D–Mass.) that passed the House last week his word to redirect his money to the didate. That’s why you have a $1.3 mil- bans soft money but allows federal law- NAACP,’’ he added. lion contribution to the Republican makers to raise funds in $20,000 increments Rep. Harold Ford Jr. (D–Tenn.), a sup- National Committee from just one for outside organizations as long as those porter of Shays-Meehan and member of the company or a $450,000 contribution Congressional Black Caucus, said that anx- groups are ‘‘nonpartisan.’’ The loose restric- from one couple to the Democratic Na- tions would allow party leaders to direct iety over minority voter turnout was un- founded. tional Committee. hundreds of thousands of dollars for such Yet, the Supreme Court in Buckley groups. ‘‘I believed all along those activities would Though the NAACP is officially non- not be harmed or undermined,’’ said Ford. was clearly aware of the likelihood of partisan, many Republicans believe it is The PRESIDING OFFICER. The Sen- persons trying to evade the limits by closely allied with the Democratic Party. ator from Michigan is recognized. giving huge sums to the parties to help One GOP operative said Gephardt’s plans are Mr. LEVIN. Mr. President, our Fed- candidates. This is apparent in the a cynical attempt to exploit legal loop-holes eral election finance laws are totally Court’s discussion in upholding the for political gain. broken and a sizeable majority of the $25,000 overall limit under current law. ‘‘It’s disgusting they’re crying for reform Members of Congress know the time In describing the legitimacy for the when they’re already cutting deals with tax- overall $25,000 limit, the Court called it exempt organizations like the NAACP that has come to fix them. Enough is were playing politics in the 2000 election,’’ enough. We have had enough of the soft ‘‘a modest restraint,’’ serving to ‘‘pre- said Matt Keelan, a prominent Republican money loophole—with its contributions vent evasion of the $1,000 contribution fundraiser who has approximately 20 clients of unlimited dollars that fuel cam- limitation by a person who might oth- in the House. paigns despite laws which are intended erwise contribute massive amounts of Keelan and many other Republicans are to strictly limit contributions to can- money to a particular candidate still steamed over an NAACP-funded ad from didates. We have had enough of the through the use of unearmarked con- the 2000 campaign that reminded black vot- candidate ads disguised as issue ads tributions to political committees like- ers of the racially motivated murder of ly to contribute to that candidate or James Byrd Jr. They feel it was an implicit and paid for with money outside the attack on then-Gov. George Bush’s commit- statutory limits. And, we have had huge contributions to the candidate’s ment to civil liberties, and one of the rea- enough of the solicitations by our political party.’’ Those words precisely sons Bush garnered few votes from the black elected officials and the officers of our described a potential evasion of the in- community. national political parties, soliciting tended limits on contributions to can- Other Democrats say they will also raise huge sums of money by offering insider didates by giving to parties. The Court funds for outside groups to turn out the par- access to government decisionmakers. explicitly said it was constitutional to ty’s base on Election Day. In the 1970s, we passed laws to limit stop it. But that evasion of our intent ‘‘I would formulate voter education and the role of money in Federal elections. is exactly what is happening today registration projects that would be funded by people like myself,’’ said Rep. Alcee Hastings Our intent was to protect our demo- with the soft money loophole, and that (D–Fla.). ‘‘We can go to all the people that cratic form of Government from the is exactly what this bill will stop. we know. There’s no limit on nonprofit orga- corrosive influence of unlimited polit- So the Supreme Court saw clearly nizations.’’ ical contributions and the appearance the possibility of efforts to get around ‘‘The Democratic Party has to do that as of corruption which can be created the $1,000 contribution limit per elec- well,’’ Hastings added. when large sums of money are solicited tion, and it ruled in Buckley that Con- Gephardt pledged to raise the funds for by and for officeholders and candidates. gress had properly sought to prevent outside groups last week during a private We wanted to ensure that our Fed- that by imposing the $25,000 overall cap meeting with Reps. Jim Clyburn (D–S.C.), Bennie Thompson (D–Miss.), Lacy Clay (D– eral elected officials are neither in re- on contributions from any individual Mo.), Earl Hilliard (D–Ala.) and Carolyn ality not in perception beholden to spe- in any calendar year. What the Court Cheeks Kilpatrick (D–Mich.), who were wa- cial interests who are able to con- did not see, and what we did not see at vering in the support for the Shays-Meehan tribute large sums of money to can- the time, was the end run around con- legislation. didates and their campaigns. Our elec- tribution limits by using the soft A representative from the NAACP also at- tion laws were designed to protect the money loophole. tended the meeting. public’s confidence in our democrat- The Federal Election Committee’s Republicans say the ability of outside ically elected officials. recent figures show the tremendous groups to continue campaign activities on behalf of the parties is one of the reasons For many years those laws worked growth in soft money fundraising. It Shays-Meehan is unfair. fairly well. The limits they set seemed reports that during the year 2001—a ‘‘The bill still does not create a level play- clear. Individuals weren’t allowed to nonelection year—Democratic national ing field,’’ said Rich Bond, former chairman give more than $1,000 to a candidate party committees reported $69 million of the Republican Party. ‘‘An inherent ad- per election or $5,000 to a political ac- in soft money contributions or 26 per- vantage has been given to outside groups tion committee, or more than $20,000 a cent more than in 1999; Republican na- that are predominantly Democratic.’’ year to a national party committee or tional party committees reported $100 Clyburn, a onetime opponent who voted for $25,000 total in any one year. Corpora- million in soft money contributions or the bill, said he switched his position be- cause of Gephardt’s assurances. Clay and Kil- tions and unions were prohibited from 68 percent more than in 1999. The FEC patrick also voted for the bill. contributing to campaigns, except states that soft money contributions However, some lawmakers were not con- through regulated and limited political have more than doubled for both na- vinced that outside groups could replace the action committees. tional parties since 1997. The loophole
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2115 has destroyed the law. There are no ef- ful campaign. To the extent that large con- Listen to this ad from the Republican fective limits. tributions are given to secure political quid National Committee on behalf of then How do the parties attract large soft pro guos from current and potential office Presidential candidate Bob Dole. holders, the integrity of our system of rep- money contributions? Often they offer Mr. Dole. We have a moral obligation to resentative democracy is undermined. Of al- access—access to decisionmakers in re- give our children an America with the oppor- most equal concern is...the impact of the tunity and values of the nation we grew up turn for tens or hundreds of thousands appearance of corruption stemming from of dollars. The parties advertise the in. public awareness of the opportunities for Voice Over. Bob Dole grew up in Russell, sale of access for huge sums. It’s bla- abuse inherent in a regime of large indi- Kansas. From his parents he learned the tant. Both parties do it—openly. vidual financial contributions. Congress value of hard work, honesty and responsi- Large contributors to the DNC got to could legitimately conclude that the avoid- bility. So when his country called, he an- attend one of dozens of coffees with the ance of the appearance of improper influence swered. He was seriously wounded in combat. President in the White House. Large ‘‘is also critical...if confidence in the sys- Paralyzed, he underwent nine operations. contributors to the Republican Party tem of representative government is not to Mr. Dole. I went around looking for a mir- be eroded to a disastrous extent.’’ were entitled to have breakfast with acle that would make me whole again. The Court went on to say: Voice Over. The doctors said he’d never the Republican congressional leader- walk again. But after 39 months, he proved ship and lunch with the Republican And while disclosure requirements serve them wrong. Senate and House committee chairman the many salutary purposes discussed else- A Man Named Ed. He persevered, he never of the contributor’s choice. There are where in this opinion, Congress was surely gave up. He fought his way back from total dozens and dozens of examples like entitled to conclude that disclosure was only paralysis. a partial measure and that contribution ceil- Voice Over. Like many Americans, his life this. The record is chock full of them, ings were a necessary legislative concomi- experience and values serve as a strong and should anyone want specific exam- tant to deal with the reality or appearance moral compass. The principle of work to re- ples, I refer them to the six volume re- of corruption inherent in a system permit- place welfare. The principle of account- port in 1997 by the Governmental Af- ting unlimited financial contributions, even ability to strengthen our criminal justice fairs Committee on the state of our when the identities of the contributors and system. The principle of discipline to end campaign finance system. That inves- the amounts of their contributions are fully wasteful Washington spending. tigation collected ample evidence of disclosed. Mr. Dole. It all comes down to values. What you believe in. What you sacrifice for. soft money contribution of hundreds of The Buckley Court repeatedly en- And what you stand for. dorses the concept that contributions thousands even millions of dollars de- That ad was called an ‘‘issue ad’’ and without limits, alone, are enough to stroying the contribution limits in fed- paid for with the unlimited contribu- create the appearance of corruption eral law and creating the appearance of tions of soft money to the Republican corruption in the public’s eye. and to justify the imposition of limits. National Committee. That is viewed as Look at one case that surfaced in our For instance, the Buckley Court said: permissible under current law because 1997 hearings—the case of Roger Not only is it difficult to isolate suspect that ad does not explicitly ask the Tamraz, a large contributor to both contributions but, more importantly, Con- viewer to vote for or support Bob Dole. parties, who became the bipartisan gress was justified in concluding that the in- It just spends its whole time extolling terest in safeguarding against the appear- symbol for what is wrong with the cur- him before election day. If it added rent system. Roger Tamraz served as a ance of impropriety requires that the oppor- tunity for abuse inherent in the process of words at the end that say what the ad Republican Eagle in the 1980s during is all about, ‘‘Vote for Bob Dole,’’ it Republican administration and a raising large monetary contributions be eliminated. would be treated as a candidate ad, not Democratic trustee in the 1990s during Selling access in exchange for con- an issue ad, and would be subject to the the Democratic administration. hard money limits; that is, it could Tamraz was unabashed in admitting tributions would only take the Court’s concerns and justification for limits a only be paid for with contributions his political contributions were made subject to limits. Any reasonable per- for the purpose of obtaining access to step further. What do these unlimited soft money son who hears that ad knows it is an ad people in power. Tamraz showed us in supporting the candidacy of Bob Dole. stark terms the all too common prod- contributions allow the parties to do? They allow them to pay for ads which It is not an ad about welfare or waste- uct of the current campaign finance ful government spending. It should system—using unlimited soft money they claim are ads about issues, but in reality, they’re ads clearly intended to have to be paid for with regulated or contributions to buy access. And de- hard money contributions. But that is help elect or defeat candidates. spite the condemnation of Tamraz’s ac- not the case today. It will be the case In Buckley, the Supreme Court held tivities, when asked at the hearing to when we pass McCain-Feingold. reflect on his $300,000 contribution to that we could put limits on election- The Democrats avail themselves of obtain access, Tamraz said, ‘‘I think eering-type communications under the same loophole. In the 1996 Presi- next time. I’ll give $600,000.’’ specified circumstances. The Court dential campaign, the Democratic Na- Do these large money contributions said that Congress could limit con- tional Committee ran ads on welfare create an appearance of improper influ- tributions for those communications and crime and the budget which were ence by big contributors? In Buckley v. that ‘‘in express terms advocate for the basically designed to support President Valeo, the Supreme Court answered for election or defeat of a clearly identi- Clinton’s reelection. At our hearings the American people—it found an ap- fied candidate for federal office.’’ In on the campaign finance system, Har- pearance of corruption created from one of the most famous footnotes of a old Ickes was asked about these DNC the size of the contribution alone with- Supreme Court case, the Court tried to ads and the extent to which the people out even looking at the sale of access. describe what it meant by its finding, looking at the ads would walk away The Court in that case upheld con- citing what has come to be known as with the message to vote for President tribution limits as a reasonable and the seven magic words and phrases: Clinton. ‘‘I would certainly hope so,’’ constitutional approach to deterring ‘‘communications containing . . . he said. ‘‘If not, we ought to fire the ad actual and apparent corruption of fed- words . . . such as: ‘vote for,’ ‘elect,’ agencies.’’ eral elections in the Buckley case. ‘cast your ballot for,’ ‘Smith for Con- To get around the reasonable limits Here is what the Court said: gress,’ ‘Vote against,’ ‘defeat,’ ‘re- of the 1974 law, parties and candidates It is unnecessary to look beyond the Act’s ject.’ ’’ So long as these types of words seized on the Buckley Court’s seven primary purpose—to limit the actuality and are not used in a communication, a tel- magic words by arguing if any election appearance of corruption resulting from evision ad for instance, the Court held, activity was not expressly for the elec- large individual financial contributions—in the communication would not be sub- tion or defeat of a candidate—that is it order to find a constitutionally sufficient ject to contribution limits. did not include those seven magic justification for the $1,000 contribution limi- Over time, the parties have developed tation. Under a system of private financing words—then it was outside the scope of of elections, a candidate lacking immense ads which avoid these types of words the law’s limits. In a terrible irony personal or family wealth must depend on fi- but which by anyone’s estimation are then, the Buckley case unwittingly nancial contributions from others to provide promoting the election or defeat of a contained the seed—the seven magic the resources necessary to conduct a success- candidate. words test—for undermining the law.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2116 CONGRESSIONAL RECORD — SENATE March 20, 2002 The McCain-Feingold bill will ad- office holder from soliciting soft yield a couple of minutes if he were dress the subterfuge of sham issue ads, money for private organizations run- present. So on his behalf, I yield 3 min- and does so in a clear, direct manner ning issue ads. Will contributors of utes to the Senator from Mississippi. that will not subject it to concerns of these large sums want to buy access to The PRESIDING OFFICER. Without vagueness, which need to be foremost the Sierra Club or the National Rifle objection, it is so ordered. in our minds when addressing matters Association? Dubious. Will they be able The Senator from Mississippi. of free speech. The bill would require to buy access to us through these un- Mr. COCHRAN. Mr. President, I am any radio or television ad that refers to limited contributions to third parties? pleased Congress is making this effort a clearly identified candidate that is No. If that were to occur, then it would to reform the campaign finance laws. broadcast within 60 days of a general be in direct violation of the law. Under When the last election resulted in a election or within 30 days of a primary this soft money ban, public officials Senate that was evenly divided be- election to be treated as an ad seeking and candidates will be out of the soft tween Republicans and Democrats, it to influence the outcome of an election money fundraising business, and that’s occurred to me there could not be a and therefore paid for with funds sub- a very important step we will be taking better time for the Senate to take up ject to contribution and disclosure lim- with this legislation. The official with this legislation and try to write a bill its. The bill would require any national power, and the candidate seeking to be that improved our Federal election fi- party running such an ad to pay for in a position of power, won’t be able to nance laws. It is a subject with which that ad with hard money. Any solicit huge sums of money and sell ac- we are all very familiar. It makes it nonparty group running such an ad cess to themselves for their campaign very difficult, therefore, for the Senate that costs $10,000 or more a year would or for outside groups. to work on an issue such as this. have to identify itself as the sponsor of We have been here before—trying to We are all biased in one way or the the ad, disclose the cost of the commu- pass campaign finance reform, trying other because of experiences we have nication and disclose the names and to stop the explosion of soft money. had, but my experience was, as a can- addresses of its donors of $1,000 or Three years ago I asked this body the didate for Congress in the early 1970s, more. question: ‘‘Will it be different this at a time when we had passed the first The bill does not prohibit such ads time?’’ It was not. But this time the major reform of Federal election laws, from being aired by nonparty groups answer is it will. We are going to pass that the 1972 elections were the first with unregulated money; it only re- this legislation, send it to the Presi- real test of the reforms. Some of the quires disclosure of the sponsoring dent, and respond to the vast majority law had been ruled unconstitutional, group’s major contributions if the of the American people who want it. but virtually every candidate had to group spends over $10,000 on such ads. In doing so, we are hopefully going to report, for the first time, where he was This is a very reasonable and modest change politics in America. No one getting the money he was spending in limitation on political advocacy. It is really knows which party in the end is his election and how he was spending very clear in order to withstand going to be advantaged or disadvan- it. These reports had to be made to the charges of ambiguity. And it addresses taged by the changes we are making to Federal Election Commission. A copy the reality. Any reasonable person the law today. But we know for certain had to be filed with the secretary of knows when seeing these sham issue that the body politic itself will be dra- state in the State where one was a can- ads that they are really about electing matically benefitted. That is because didate. or defeating the candidates named in we will be taking the solicitation of big As to disclosure, people had a right them. money by people in power and people to know where the money was coming The research by the Brennan Center seeking power out of American politics from to support candidates, and how confirms that for us. and with it will go the appearances of they were spending it, who they were First, the Brennan Center found that favoritism and corruption. giving the money to, if they were giv- of the 57,863 ads aired by non-party The political landscape will change ing money to people, or if they were groups in the final 60 days of the 2000 when this bill takes effect. It will be buying ads. Whatever was being done election where a candidate was men- filled with more people and less influ- with the money, it had to be reported. tioned, only 331—or less than 1 per- ence; more contributors and smaller What has happened over time is oth- cent—were genuine issue ads ‘‘pri- contributions; more democracy and ers have become so involved in the marily aimed at providing information less elitism. This is a good decision by process—organizations, parties, other on a policy matter.’’ That means that Congress for the country, and we have individuals, buying ads, getting in- 99 percent of the group-sponsored ads those persistent and hardy souls like volved, spending money, raising were in fact ads to promote or defeat Senator MCCAIN, Senator FEINGOLD, money, to influence the outcome of the election of a candidate. Congressman MEEHAN, and Congress- elections—the people have lost their Second, the Brennan Center study man SHAYS to thank, as well as inspir- right to know. It has been taken away found that of the ads actually run by ing citizens like Granny D who walked from them by the way the law has candidates and paid for with hard across the country to make her case, worked in practice. money specifically on behalf of their and the members of the coalitions in So this is an effort to address that in election or defeat, only 9 percent used each of our States, like the Michigan a meaningful way, to require disclosure the seven magic words and phrases Campaign Finance Network. by groups that are buying ads to influ- identified by the Supreme Court. That It is not often that we get the oppor- ence the outcome of elections, how is compelling evidence that the magic tunity to legislate in a way that will so they are raising their money, who is words identified by the Supreme Court dramatically affect the core of how we behind this. are not a complete test of what con- operate. This is that time, and I am When one watches a TV ad, they do stitutes electioneering ads. More is at privileged to have worked for this bill’s not know who bought it. If a candidate work here than just the seven magic passage and to vote to send it to the buys it, the people know. If a candidate words identified by the Supreme Court. President of the United States for en- for office buys an ad in the paper, there Some argue that if we only close the actment. has to be a disclaimer showing who soft money loophole to political par- Mr. President, I yield the floor. bought it. Everybody in the country ties, the money we cut off to the par- The PRESIDING OFFICER. Who now is involved, but nobody knows who ties will be redirected to special inter- yields time? these folks are because they use names est groups. I believe it will not happen Mr. COCHRAN. Mr. President, will such as the Good Government Com- that way because candidates and public the Senator yield to me for just a brief mittee. officials running for reelection and time? I do not want to encroach on The whole point is, there is a lot that their agents will not be allowed to so- Senator MCCONNELL’s right to speak at needs to be changed. This bill is an im- licit it, the parties will not be allowed this time, but will the Senator yield portant first step in making some to raise it, and the contributors will me 2 minutes? changes that are long overdue. I am not be able to buy access to us with it. Mr. LEVIN. Mr. President, I am sure glad I was able to support the cloture This bill would prohibit a candidate or Senator FEINGOLD would be happy to motion to bring the debate to a halt.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2117 We have had an opportunity to fully right direction. There is much more ars, and reviewed the research on the discuss it in the Senate. The House has work that needs to be done in reform- topic to craft a provision that we be- taken its time for discussion. It has ing our political system. I am glad this lieve will withstand constitutional been a tough battle, but we have pro- day has finally come, and I urge my scrutiny by the Supreme Court. duced a bill now and it is time to pass colleagues to support this very impor- A recently released study on the 2000 it and send it to the President. tant legislation that has endured be- elections by the Brennan Center For The Court is going to have an oppor- cause of the hard work of two Sen- Justice clearly demonstrates the need tunity to review it. If there are uncon- ators. for the Snowe-Jeffords provisions, and stitutional provisions, those will be I yield the floor. the care we took in crafting these clear struck down, and there may be some in The PRESIDING OFFICER. The Sen- and narrow requirements. In the 2000 this bill. It is not a perfect bill, but it ator from Vermont. elections approximately $629 million is time to pass the bill because it ac- Mr. JEFFORDS. Mr. President, I rise was spent on television advertising for complishes some actions that are long today with a sense of pride that the federal elections. This represents an overdue and that will help the election Congress will soon pass comprehensive all-time high. Even looking at the process. campaign finance reform. It has been a amount spent just on Congressional The PRESIDING OFFICER. The Sen- long time in coming, and the persever- races, the $422 million spent in 2000 ator from Michigan. ance of Senators MCCAIN and FEINGOLD overwhelms the $177 million spent just Mr. LEVIN. Mr. President, I ask should be recognized as the reason we 2 years earlier. That gives you an idea unanimous consent that the time re- are here today. I would especially like of what is occurring. maining between now and 2 p.m. be di- to thank my colleague, Senator SNOWE, The ‘‘magic words’’ standard created vided between Senators CANTWELL and for all her hard work and leadership in by the Supreme Court in 1976 has been JEFFORDS. developing the language in this bill, made useless by the political realities The PRESIDING OFFICER. Without the so-called Snowe-Jeffords provi- of modern political advertising. Even objection, it is so ordered. sions, which is a full and fair solution The Senator from Washington. in candidate advertisements, what to the proliferation of electioneering Ms. CANTWELL. Mr. President, I many would say are clearly advertise- campaigned on the issue of trans- communications. ments made to convince a voter to sup- The last time Congress passed com- forming our election process and said port a particular candidate, only 10 prehensive campaign finance reform I repeatedly I would make it a top pri- percent of the advertisements used the was running for the House of Rep- ority in the Senate. It was a tremen- ‘‘magic words.’’ Parties’ and groups’ resentatives for the first time. That dous experience last year to participate use of the magic words is even smaller, campaign was waged between me and in the debate on this legislation and as- with as few as 2 percent of their ads my opponent door-to-door, meeting the sist Senators MCCAIN and FEINGOLD using the magic words. By not using with the passage of this legislation voters, standing on the street corner these ‘‘magic words,’’ these advertise- from the Senate the first time. It took talking to the voters, or debating the ments escape even the most basic dis- an extra year to get this bill through issues at public forums. Our constitu- closure and keep the public in the dark the House and send it to the President, ents knew who we were, what we stood about who is trying to influence their but my wait has been nothing like that for, and who was saying what about vote. of the wait of the Senators from Ari- whom. One of the most important findings zona and Wisconsin who have endured Fast forward 28 years and today a of this comprehensive study of tele- repeated efforts through the years. I campaign is waged on television and vision advertising during the 2000 elec- want to give them my heartiest con- radio, many times by people and tions is that the Snowe-Jeffords provi- gratulations for an extraordinary ac- groups who the voters do not know. sions are exceptionally well crafted complishment that is truly in the The Americana people deserve better and not too broad. Of the 50,950 group public’s interest. from their candidates and campaigns. issue advertisements featuring federal Campaign finance is at the heart of This bill, soon to be law, will make candidates aired during the relevant every issue we deal with in Congress. many needed changes to our campaign time period, only 331 were about a gen- From energy, to health care, to gun finance system and reconnect the elec- uine issue or bill pending before Con- control, to bankruptcy, political inter- torate with their candidates for federal gress. States another way, the Snowe- est groups that use money to make office. Jeffords provision correctly identify their agenda heard all too often are I am especially proud of the provi- 99.4 percent of the advertisements as larger than the public’s interest in sions in this legislation that reform electioneering in nature and subject to framing the debate. This legislation the law concerning broadcast adver- the restrictions of the provision. I do will move the debate closer to the pub- tisements near an election that escape not know how the opponents of this lic. even minimal disclosure by not using provision can say, faced with this em- This bill is about slowing the ad war. the ‘‘magic words.’’ These election- pirical data, that our provision is too It is about calling sham issue ads what eering communications are cleverly broad in nature. they really are. It is about slowing po- and clearly seen by the electorate to be It is important that the public know litical advertising and making sure the trying to influence their vote, but the the background and facts behind the flow of negative ads by outside interest true nature of the sponsors and funding Snowe-Jeffords provisions. Material on groups does not continue to permeate for these advertisements remain this provision can be found at the airwaves. Ninety-eight million dol- cloaked in the veil of secrecy. The www.senate.gov/jeffords/ lars worth of these ads ran in the 2000 American public deserves to know who 03202002cfr.hjml. election by narrowly focused special is trying to influence their vote, and I ask unanimous consent that some interest groups based out of Wash- the Snowe-Jeffords provisions will pro- additional material concerning the ington, DC. This legislation will vide them this necessary information. Snowe-Jeffords provision be printed in We will hear from some speakers dur- change that and again focus these de- the RECORD. bates more on the public agenda. This ing this debate that they are abso- There being no objection, the mate- bill also stops the unlimited flow of lutely certain these provisions are un- rial was ordered to be printed in the constitutional and will be struck down corporate contributions, or soft money, RECORD, as follows: by the court. I wish I could guarantee that contributed to the volume of ad CAMPAIGN FINANCE REFORM—FACT & FICTION wars in the 2000 election. to my colleagues that these provisions will be found to be constitutional by (Based on findings from Buying Time 2000: This bill forces all of us—candidates, Television Advertising in the 2000 Federal parties, and groups that seek to influ- the Supreme Court, but I am not so Elections) foolhardy as to predict the outcome of ence the outcome of elections—to play 1. Fiction: Shays-Meehan would cut out by the same rules and raise and spend any case before the Supreme Court. I genuine issue speech. money in lower amounts. can, however, assure my colleagues Facts: This is a banner day for Congress. that we have examined the important Of all the group ads that would have been This bill is a huge step forward in the court decisions, talked to legal schol- captured had the Shays-Meehan 60-day test
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2118 CONGRESSIONAL RECORD — SENATE March 20, 2002 been in effect in the 2000 general election, ex- Facts: ads and that the political players are side- actly three unique ads, accounting for a tiny At least 98.5% of the political advertising stepping federal campaign finance laws. The 0.6% of all spots, were perceived as genuine in 2000 was sponsored by political parties, legal community has begun to catch up, rec- issue advocacy. corporations, unions, and major national or- ognizing the futility of the magic words test In 1998, the comparable statistic was two ganizations. and taking steps to draft a more sophisti- unique ads. cated standard for regulating electioneering. Only 3% of all group ads perceived to be EXECUTIVE SUMMARY OF BUYING TIME 2000: Political scientists, too, have drafted new genuine issue ads mention a candidate. TELEVISION ADVERTISING IN THE 2000 FED- laws and have responded to the dearth of in- Beyond that, the Shays-Meehan test close- ERAL ELECTIONS formation about the nature and scope of ly tracks the actual prevalence of election- SUMMARY OF KEY FINDINGS electioneering issue ads by conducting stud- eering ads: 79% of electioneering ads by 1. Approximately $629 million was spent on ies to shed light on this once-secretive tool. groups are captured by the 60-day test. Combining the insights from these three television advertising by all candidates, par- 2. Fiction: The ‘‘magic words’’ test ade- communities adds to the likelihood that pub- ties, and groups in the 2000 federal elections. quately distinguishes election-related speech lic policy will emerge that is grounded in This figure represents an all-time record from issue advocacy. common sense, legal expertise, and scholar- spent on political advertising. Even when Facts: ship. The shared effort of citizens, lawyers, looking at just congressional races, the $422 Candidates, themselves, who are indis- and political scientists working hand-in- million spent in 2000 far exceeds the $177 mil- putably engaged in electioneering, used hand with legislators creates room for opti- lion spent on political television ads in the magic words only 10% of the tie in 2000 (4% mism about a system few deny is in dire need 1998 congressional elections. in 1998). of repair. 2. The magic words standard that some use 97% of ads perceived to be electioneering Mr. JEFFORDS. I yield the floor. did not use magic words, in both 1998 and to distinguish express advocacy from issue 2000. advocacy has no relation to the reality of po- The PRESIDING OFFICER (Mrs. All political party ads were perceived to be litical advertising. None of the players in po- CARNAHAN). Under the previous order, electioneering, even though political parties litical advertising—candidates, parties, or the Senator from Kentucky is recog- use magic words only 2.3% of the time. (In groups—employ magic words such as ‘‘vote nized. 1998, 95% were electioneering, but only 1.2% for,’’ ‘‘vote against,’’ ‘‘elect,’’ or anything Mr. MCCONNELL. How much time do used magic words.) comparable with much frequency in their I have? The magic words test is not nearly the ads. Only 10% of candidates ads ever used magic words, and as few as 2% of party and The PRESIDING OFFICER. Seventy- bright line adherents believe it to be: Numer- nine and a half minutes. ous ads in 2000 were hard to classify as ex- groups ads used magic words. Mr. MCCONNELL. Madam President, press advocacy or not. 3. Special interest groups increased their 3. Fiction: Genuine issue advocacy peaks expenditures of political advertisements I yield myself whatever time I may closer to an election, becasue that is when nine-fold since 1998, breaking all previous consume within that time period. voters are most attuned to the issues. records. Conservatively estimated, special The PRESIDING OFFICER. Without Facts: interest groups spent about $98 million on objection, it is so ordered. The number of genuine issue ads actually political television ads in 2000—more than Mr. MCCONNELL. Madam President, declines close to the election, but election- 58% of that spending went for electioneering I begin by citing the ultimate cam- eering spikes: about half (51%) all genuine issue ads. 4. Parties made record-breaking use of paign reform: The first amendment to issue ads occur in the four-month period be- our Constitution. It says Congress tween April and July, while only 19% occur issue advocacy in the 2000 elections. In addi- in the two months before an election. tion to spending more on television adver- shall make no law—no law—abridging The percentage of group-sponsored polit- tising relative to the presidential general freedom of speech or of the press. I ical ads that mention candidates increases election than the candidates themselves, po- refer to freedom of the press because it from 12% during the first half of the calendar litical parties primarily aired issue ads rath- is the robust exercise of that freedom year, to 50% in July and August, to 61% in er than ads using magic words in order to which has brought us today to assault September, to 69% during the rest of the sidestep federal campaign finance laws lim- the freedom of speech. Over the past 5 iting the amounts and sources of contribu- election cycle. (The comparable statistics in years, the New York Times and the 1998 were 34% in the first half of the year, tions. 62% in July and August, 82% in September, 5. All of the so-called party issue ads, bar Washington Post have joined forces to and 95% during the rest of the cycle.) none, were electioneering in nature. None of publish an editorial an average of every 4. Fiction: Soft money is needed for party- these party ads qualified as genuine issue 51⁄2 days on campaign finance reform. building and voter-mobilization activities. ads. The proportion of party ads that were To buy that editorial space in the Facts: positive in tone dropped since 1998, from 28% New York Times or the Washington Only 8.5 cents of every soft money dollar is to 24%. Post, it would cost $36,000 and $8,000, spent on activities that might even remotely 6. Genuine issue advocacy by groups is respectively, for each editorial. Mul- overwhelmed in the final 60 days of an elec- be considered voter mobilization, while 38 tiply that amount by the number of cents on the dollar is spent on media and tion and is replaced by electioneering issue issue advocacy. ads. Approximately 86% of group-sponsored editorials of each paper, and it equals a 100% of all political party ads are perceived issue ads aired within 60 days of the 2000 gen- total value of $8 million in unregulated as electioneering (93% in 1998). eral election were electioneering issue ads soft money advertising that frequently 92% of all political party ads never so rather than genuine issue ads. mentions Federal candidates. Of much as mention the name of the political 7. A legislative proposal (the Snowe-Jef- course, that type of corporate, big party (85% in 1998). fords Amendment) to establish a test for ex- media, soft money expenditure will not The political parties are spending so much press advocacy based on whether an ad iden- tifies a candidate within 60 days of the gen- be regulated in this new law. money on TV ads, all depicting candidates, Why is the press, the institution that that they actually outspent the candidates eral election would be a substantial improve- themselves in the 2000 presidential election— ment over the magic words test. If the has unlimited free speech, so interested $81 million to $71 million. Snowe-Jeffords 60-day bright-line test had in restricting the speech of everyone Party spending on House races ($43 mil- been in place in 2000, only a fraction (less else? Let’s take a closer look. The un- lion) was targeted only to competitive than 1%) of ads subject to financial disclo- constitutional issue ad restrictions in races—a mere 48 races in all. A third of all sure would have been genuine issue ads. this bill purport to limit advertising that spending ($14 million) was reserved for Preserving the integrity of the American within proximity to an election. How- six House races. campaign finance system requires constant ever, it does not, interestingly enough, 5. Fiction: Soft money is used to enhance vigilance. Each election cycle brings new in- the prospects of candidates of color. novations in campaign finance evasion as apply to newspaper ads. So the already Facts: parties, candidates and groups strive to bend powerful corporations that control the Less than 7% of spending by parties on ad- the system to their benefit. At times the ex- news—and, in many instances, the pub- vertising in connection with House races isting rules and regulations seem more like lic policy—in America will get more went to races involving candidates of color. fiction than fact, and new reforms at the fed- power and more money under this new Of the 42 races in which the Democratic eral level seem doomed before they are even law. One has to wonder why that bla- Party aired television ads, just three in- proposed. However, public opinion has start- tant conflict of interest has not been volved candidates of color. None of those ed to catch up with those who have for years more thoroughly discussed in a debate three were among the top recipients of party taken advantage of the system in the pursuit advertising. of electoral success. Regardless of refined about the appearance of such conflicts. 6. Fiction: Shays-Meehan will unfairly trap legal or policy distinctions in types of adver- Outside groups such as Common unwary bit players, like unsophisticated in- tisements, the public is keenly aware that Cause have devoted many years and dividuals and small grassroots groups. most political ads are indeed electioneering millions of dollars to lobbying this
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2119 issue in the House and in the Senate. Consider The American Prospect, which sion, which had hardly been altered during Why not? Their fundraising will ex- has a heavy-breathing editorial in its most the legislative process.’’ plode if this bill passes. They no longer recent issue decrying how corporations have So, what’s so amazing about the Prospect supposedly stolen away our democracy. smear is that it’s a discredited one. The have to compete with party commit- ‘‘By buying politicians,’’ The American Washington Post, the Philadelphia Inquirer, tees for soft dollars. Shays-Meehan per- Prospect writes of Enron, ‘‘a favored cor- and the Atlanta Journal-Constitution have mits every Member of the House and poration promoting a new kind of scam sim- already run corrections for repeating this the Senate to raise soft money for ply purchased immunity from regulatory charge. these outside groups. oversight.’’ I called American Prospect editor Robert The bill we are about to pass allows Note that there is no ‘‘seems,’’ or ‘‘ap- Kuttner to try to ask him if he’s going to do Members of the House and Senate to pears,’’ in this sentence. It is an outright as- the same. He didn’t return my call. But it raise soft money for these outside sertion of bribery, in the cause of promoting will be interesting to see if the Prospect, corporate fraud. which makes such a fuss in its editorial groups. I am told this unlimited, undis- Given the gravity of this charge, it would about ‘‘corporate accountability,’’ cares as closed, unregulated soft dollar fund- be nice if there were some evidence for it. much about journalistic accountability. [Ed. raising has, in fact, already begun. What the Prospect offers is Wendy Gramm, note—someone from the Prospect has e- Although the facts about the provi- who ‘‘as chief commodities regulator under mailed saying that they will correct this.] sions of this bill are almost always Bush I, slipped in a midnight rule-change All this really amounts to what campaign- misrepresented, the driving mantra be- after the 1992 election to exempt Enron’s finance reformers call ‘‘mud slinging.’’ hind the entire movement is that we trades from oversight.’’ That’s why I can’t understand why ‘‘She was rewarded,’’ according to the are all corrupt or that we appear to be McCainiacs and other campaign-finance re- Prospect, ‘‘with a seat on the Enron board formers say they want to raise the level of corrupt. and hundreds of thousands of dollars in in- public discourse, when they so relentlessly We have explored corruption and the come.’’ run it down by imputing corrupt motives to appearance of corporation before in Sounds pretty sinister. Except the Pros- everyone in Washington. this Chamber. You cannot have corrup- pect conveniently neglects to spell out what In the case the Prospect, however, this tion unless someone is corrupt. At no exactly was involved in this ‘‘Enron exemp- isn’t quite accurate—it wants to impute time has any Member of either body of- tion.’’ nasty motives not to everyone, but to con- Actually, it wasn’t an Enron-specific mat- fered evidence of even the slightest servatives in particular. ter but a ruling that affected a whole new ‘‘The ideology of deregulation,’’ it writes, hint of corruption by any Member of class of trades—nine other companies lob- ‘‘provided cover for the cronyism.’’ either body. As for the appearance of bied for it—that was coming to the fore in This is rather extraordinary, to say in ef- corruption, our friends in the media the early 1990s. fect that a whole way of looking at the who are part and parcel of the reform Here’s USA Today (apparently a more world—a viewpoint based on philosophy and industry continue to make broad and nuanced and sophisticated source than the ideas—is really only a cover for corruption. baseless accusations. Prospect) on the rule: ‘‘Despite the appear- Not only is this a stilted, cynical, and false It has been reported that the reform ance of a trade-off, even Gramm’s critics charge, it is ideologically loaded. concede that the commission’s ruling was a Nowhere in its editorial does the Prospect industry spent $73 million from 1997 to smart move. The energy derivatives market excoriate the Clinton administration for 1999 on this issue. Of course, that was was growing rapidly, and there were worries signing the Kyoto treaty, something that all soft money. These are all soft dollar that without an exemption, the Chicago meant a lot to Enron. That’s because regula- expenditures used to fuel negative per- Board of Trade might sue anyone selling an tion is presumed to be public spirited, even if ceptions of Federal officeholders and energy derivative outside of its centralized an evil corporation is pushing for it. candidates. Scandal, or perceived scan- market.’’ Part of the liberal motive for campaign-fi- dal, sells papers and gets viewers. In I frankly don’t know enough about deriva- nance reform is clearly to try to systemati- the nonstop competition to be the next tives to say with any assurance whether the cally prevent American companies from pro- Gramm ruling was a mistake or not, but it’s tecting themselves from government regula- Woodward and Bernstein, the reform obviously a subject of dispute. So, before tion. It will be a corruption-free world, in industry relentlessly works to raise condemning Wendy Gramm for her venal mo- short, only when liberals get everything they questions in our minds. tives, it would be nice to hear some argu- want. In short, I believe the appearance of ments about why she was wrong. Until then, smear away. corruption is whatever the New York The Prospect offers none. Times says it is. Add to that, cash- Maybe the Prospect thinks that the Chi- [From the National Review, Mar. 11, 2002] strapped, scandal-hungry newspapers cago Board of Trade, which opposed this THE GAGGERS AND GAG-MAKING move, was right. But wouldn’t Gramm then HYPROCRISY AMONG THE CAMPAIGN-FINANCE and unlimited foundation donations to have simply been doing the bidding of an- REFORMERS the reform industry, and you are in other moneybags interest out to protect its full-scale corruption mode. The actual business, the Chicago Board of Trade? (By Bradley A. Smith) facts are rarely relevant. This is why the campaign-finance reform- It’s a common scene in Washington. Lob- I request that these two articles doc- ers, on their own terms, can always win the byists representing powerful, well-financed umenting the hypocritical actions of argument—there are well-heeled interests on special interests sit behind closed doors with the reform industry be printed in the all sides of most disputes in Washington, so members of Congress drafting legislation. someone can always be portrayed as selling Outside Washington, their dollars finance TV RECORD. out to some interest or other. ad campaigns in the districts of wavering There being no objection, the mate- But the Prospect’s treatment of Wendy House members, hoping to pressure them rial was ordered to be printed in the Gramm is almost responsible compared to into supporting the bill. Highly technical RECORD, as follows: the way it smears her husband: ‘‘When Enron and complex legislation is then unveiled in [From the National Review, Feb. 12, 2000] needed another favor in 2000, her husband, the middle of the night, and most members Sen. Phil Gramm of Texas, got yet another of Congress have no time to read it before de- THE CAMPAIGN-FINANCE SMEAR regulation waived.’’ bate begins the next morning. Efforts by (By Rich Lowry) As far as I can tell, this is a regurgitated grassroots groups to amend the bill to pro- No one has done more to create an ‘‘ap- charge that Ramesh Ponnuru has already tect their members are rebuffed, and though pearance’’ of corruption in politics than dissected on NRO: ‘‘Public Citizen had the bill contains provisions that even its campaign-finance reformers. Gramm ‘muscling through’ the offending sponsors admit are probably unconstitu- A typical complaint of campaign-finance provision. In fact, Gramm had almost noth- tional, such objections are shunted aside. reformers is that politics is too negative and ing to do with it. You may think this is a description of a dishonest. ‘‘He didn’t write it: It came to the Senate special interest trying to benefit from some One might expect therefore that advocates from the House, where it was part of a bill arcane budget bill, but in fact it is a descrip- of reform would feel some obligation not to that passed by a large margin. He didn’t tion of the Shays-Meehan campaign-finance- be so negative in the way they depict politi- usher it through the Senate: It was consid- regulation bill that passed the House in the cians, or at the very least to be truthful ered by the Agriculture Committee, of which wee hours of February 14. The passage of when they do decide to ‘‘go negative’’ he was not a member, rather than the Bank- Shays-Meehan shows that those who think against political opponents. ing Committee, which he chaired. Indeed, campaign-finance reform will reduce the in- Alas, no one has done more to create an Gramm blocked the bill that included the fluence of money in politics are mistaken. ‘‘appearance’’ of corruption in politics than provision for several months because he ob- Supporters of campaign-finance regulation campaign-finance reformers who ignore or jected to other provisions. He did, however, like to portray themselves as an under- distort facts to make reckless charges of cor- eventually vote for the bill, like most con- funded, scrappy grassroots coalition. How- ruption. gressmen. It included the offending provi- ever, a study conducted last year for the
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2120 CONGRESSIONAL RECORD — SENATE March 20, 2002 American Conservative Union by election- one reform group with a membership base, is Meehan does not limit these contributions, law attorney Cleta Mitchell found that small fry compared with other groups. With and in fact raises the ceiling on them. groups dedicated to promoting campaign-fi- some 200,000 members, it describes itself as a Then too, Shays-Meehan was supported nance reform spent over $73 million over the ‘‘citizen’s lobbying organization.’’ But it de- down the homestretch by a television ‘‘issue three-year period from 1997 through 1999. By scribes the National Rifle Association, which advertising’’ campaign funded by the Cam- comparison, the Center for Responsive Poli- has over 4.2 million members, as a ‘‘special paign for America (CFA), a creation of Je- tics (CRP), one of the most prominent cam- interest.’’ Indeed, many corporations rep- rome Kohlberg. These ads ran in the congres- paign-finance-reform organizations, lists resent hundreds of thousands or even mil- sional districts of wavering congressmen. In total political spending by the ‘‘mortgage lions of individual shareholders and employ- addition, CFA operated phone banks in 30 banking’’ industry at under $12 million, and ees. Why aren’t they ‘‘citizen lobbies’’? congressional districts. This campaign was by ‘‘Health Services and HMOs’’ at under $14 CYNICAL CAMPAIGN, CYNICAL TOWN paid for with unregulated soft money. In a million, for the four-year period from 1997 Pro-reform organizations have used their classic example of ‘‘free speech for me but through 2000. Even the dreaded drug manu- massive war chests to run one of the most not for thee,’’ most of that spending would facturers contributed just $28 million over cynical campaigns in the history of cynical remain legal under Shays-Meehan. that four-year period, or 40 percent of that Washington. Even though corporations and However, the heart of the operation to pass spent in just three years by groups pro- Shays-Meehan was not grassroots lobbying, moting campaign-finance regulation. Yet the unions are prohibited from making contribu- but old-fashioned Washington lobbying. campaign-finance regulators always portray tions directly to candidates, a casual ob- Though supporters had been pushing the bill these industries as colossally and harmfully server looking at CRP’s website without since the 107th Congress first met in January big spenders. reading the fine print would conclude that Actually, Cleta Mitchell’s study under- the largest direct contributors to every 2001, and though the sponsors had been gath- states the spending by campaign-finance-re- member of Congress are corporations and ering signatures on a discharge petition to form groups. It does not include spending by unions. This is because of the center’s prac- force the bill to the floor since July, they many of the groups’ affiliated 501(c)(4) com- tice of attributing contributions by individ- still spent the evening before the opening of mittees, and misses some significant groups uals to their employers. Another trick, in an the House debate, and part of the day on completely. To give just one example, it does apparent effort to inflate the perception of which the bill was being debated, redrafting not include spending by the National Voting corporate influence, is to lump together con- the legislation. According to press reports, Rights Institute (NVRI), which describes tributions made over many years. Thus, or- pro-reform lobbyists, including former itself as ‘‘a prominent legal and public edu- ganizations such as Common Cause and the McCain 2000 counsel Trevor Porter, Democ- cation center in the campaign finance re- CRP routinely issue press releases and stud- racy 21’s Fred Wertheimer, and Don Simon of form field.’’ NVRI, which argues that private ies showing huge corporate contributions, Common Cause, drafted key portions of the campaign contributions violate the Con- significant portions of which occurred as bill, at times working out of offices in the stitution, is frequently quoted in the New much as a decade ago. In some cases, more Capitol. The final version of the complex, 86- York Times and other major papers. Mean- than half the Congress has turned over in the page bill was unveiled a few minutes before while, the CRP overstates industry giving, as intervening years. Yet another misleading midnight. it includes in its figures individual contribu- tactic is to lump together all contributions The bill, as it emerged from this redraft, tions by any person employed by a company by ‘‘industries.’’ So a 1997 Common Cause re- included a highly technical provision allow- in the industry, and in certain cases even port on the influence of the ‘‘broadcast in- ing parties to pay off hard-money debts in- contributions by the employee’s spouse. dustry’’ listed total contributions from the curred before the 2002 elections (hard money Thus, if the non-working spouse of an Enron ‘‘industry’’ over a ten-year period. No allow- being limited contributions from individuals employee earning $45,000 a year gave $200 to ance was made for the fact that many of the and PACs, which may be used for any pur- the campaign of George W. Bush, the CRP re- contributions went to individuals no pose) with soft money (unlimited contribu- ports that as both an ‘‘Enron’’ contribution longer—or perhaps never—in Congress or for tions from corporations, unions, and wealthy and a contribution from the ‘‘energy/natural the fact that the ‘‘broadcast industry’’ is individuals, which normally cannot be used resources’’ industry. hardly monolithic: Affiliates often quarrel to expressly advocate the election or defeat Arguably, money is the only thing that has with networks, networks with one another, of specific candidates). The provision favored kept the issue of campaign-finance regula- radio with television, and so on. The reform Democrats, who have plenty of soft money tion alive. With public-opinion polls consist- organizations also frustrate any sense of per- but are short on hard money. Republican ently showing that campaign-finance reform spective. In the current frenzy over Enron, operatives cried foul and charged that the is of little interest to the public, most of the for example, it is not mentioned that provision was an intentional effort to benefit groups advocating reform rely on six- and Enron’s total soft-money contributions con- the Democrats. The more likely explanation even seven-figure grants from giant founda- stitute a minuscule fraction of 1 percent of is that it was simply an error caused by the tions such as Ford, Carnegie, and Joyce for total soft money raised over the period cited. haste of last-minute drafting. But imagine funds. With the notable exception of Com- Meanwhile, virtually every legislative ac- the outcry these same ‘‘reform’’ groups mon Cause (which has a budget of about $10 tion can be and is portrayed as a sellout or would have raised had lobbyists for any million a year), these groups usually have a payback to some ‘‘special interest.’’ So if other interest helped draft a bill, and acci- few individual supporters. Such individual Enron got a favorable regulatory ruling over dentally included a technical error beneficial support as they do have comes almost en- opposition from the Chicago Board of Trade, to the bill’s primary supporters in Congress. tirely in the form of large gifts from a hand- it was a payback to Enron. But since the Would the reformers have given the drafters ful of politically liberal multi-millionaires, Board of Trade is also a powerful interest, the benefit of a doubt? Never. The error such as George Soros and Silicon Valley en- any ruling the other way would not have briefly jeopardized the bill and drew a veto trepreneur Steven Kirsch. been portrayed as a victory for principle or a threat from the White House, before sup- These groups respond that their money defeat for Enron, but as a payback to the porters used a parliamentary maneuver to does not represent ‘‘special interests.’’ But Board of Trade. All roads lead to corruption. change the language before the final vote. their scorekeeping belies this claim. Surely That politicians might actually be acting on WHERE THE FAT CATS SIT if a $200 contribution by the wife of a mid- convictions or keeping campaign promises is level Enron employee is ‘‘special interest’’ given no credence. Few have worked harder Assuming it becomes law, the bill will not money, so are the six-figure expenditures to convince the American people that their end the influence of money in politics, but made to promote campaign-finance reform representatives are corrupt, and their votes instead will drive such influence further un- by investment banker Jerome Kohlberg. and participation meaningless, than the derground. A glimpse of the future may have Similarly, the Pew Charitable Trusts, to campaign-finance reformers. That they have occurred at a dinner last October that raised take just one example, have given consider- done so on the flimsiest of evidence only $800,000 for the Brennan Center, a pro-reform ably more in grants to advocate campaign-fi- adds to the shame. group. Co-chaired by pro-reform senators nance regulation than Enron gave in soft The Enron scandal, which pushed Shays- Hillary Clinton and Charles Schumer, and money to advocate energy deregulation. And Meehan over the top, is a perfect example. featuring Sen. John McCain, the dinner was these foundations and groups have other in- Reformers gleefully argued that the Enron underwritten by corporate donors, who were terests that are advanced by silencing their bankruptcy proved that Shays-Meehan was solicited to attend. Sponsors included over opposition. Pew, for example, also advocates necessary, with no evidence that Shays-Mee- two dozen large law firms with Washington environmental regulation and funds Planned han could have prevented it. Even Rep. lobbying practices, plus such corporations as Parenthood. If it can quiet political opposi- Shays admitted that Enron is going to have Coca-Cola, Philip Morris, and, naturally, tion from business and National Right to access ‘‘by the fact of who it is and what it Enron. If money is truly corrupting, corpora- Life, it benefits. While one might describe does’’ (its money aside). Reform advocates tions hoping to curry favor with office- foundations such as Pew, or organizations misleadingly claim that over 250 members of holders might decide that support for such such as CRP, as disinterested entities con- Congress have received ‘‘Enron’’ contribu- groups is a wise idea, or officeholders might cerned with the public welfare, one might tions, when in fact they mean that those ‘‘suggest’’ that corporations with business just as accurately describe them as unac- members have received contributions from before their committees make donations to countable organizations with lots of money people who worked for or owned stock in such groups. Shays-Meehan limits the right and no members. Even Common Cause, the Enron. They do not mention that Shays- of federal officeholders to solicit money for
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2121 political parties and other groups, but spe- clear that parties are not to be treated So, on this chart behind me, you can cifically allows lawmakers to continue to so- any worse than any other organization see on the reality of what Shays-Mee- licit funds for entities such as the Brennan in the protection of constitutional han does. You can see that for the na- Center. rights. This legislation falls far short tional party committees last year, the Beyond that, the bill will probably strengthen special interests, benefit incum- of that charge. The Shays-Meehan bill year 2001, their actual cash, both hard bents, and harm grassroots politics. The lim- weaves a bizarre web of restrictions and soft. You can also see what kind of its on soft-money contributions mean that and prohibitions around parties and cash on hand they would have under corporations and unions may be pressured to candidates while simultaneously Shays-Meehan with the soft money do more independent spending to help their strengthening the power of outside eliminated. legislative allies. This will give these inter- groups and the corporations that own You see the Republican National ests more control over the process, and will newspapers. Committee would have gone from $34 reduce the historical role of parties in This legislation is remarkable in its million down to $16 million; the Demo- brokering diverse and often competing inter- scope. Indeed, this legislation seeks no cratic National Committee from $2 ests. The limits on issue ads in the 60 days less than a fundamental reworking of million down to a $10 million debt; the before an election will mean that such ads the American political system. Our Na- will run earlier, making campaigns longer National Republican Senatorial Com- and putting a greater premium on early tion’s two-party system has for cen- mittee from $12 million down to $7.5 fundraising. This will benefit incumbents, turies brought structure and order to million, the Democratic Senatorial even as it requires them to spend more time our electoral process. This legislation Committee from $4.1 million down to a raising funds. True grassroots politics—spon- seeks, quite literally, to eliminate any debt of $50,000, the Republican Congres- taneous political activity by individuals and prominence for the role of political sional Committee from $9.6 million to groups—suffers from regulation and has been parties in American elections. This leg- a debt of $4.3 million, and the Demo- on the decline ever since the Federal Elec- islation favors special interests over cratic Congressional Committee from tion Campaign Act was first passed in 1971. parties and favors some special inter- $3.5 million down to a debt of $3 mil- The added complexity of this bill will prob- ests over other special interests. It ably kill off such activity altogether. Indeed, lion. Federal Election Commission chairman treads on the associational rights of What does that all mean? That Davis Mason says that the incredible com- groups by compelling them to disclose means this bill eviscerates the national plexity of the bill is likely to lead to ‘‘invid- their membership lists to a greater ex- party committees. It singles out six na- ious enforcement, singling out disfavored tent than ever before contemplated. It tional committees out of all the com- groups or causes’’ and ‘‘subjecting regulated hampers the ability of national and mittees that may exist in America and groups to harassment by political oppo- State parties to support State and takes away a huge percentage of their nents.’’ local candidates. It places new limits receipts. By eliminating so-called soft However, the giant foundations that have on the political parties’ ability to money, or non-Federal money, national financed the drive for reform will remain un- touched. So will the recipients of their lar- make independent and coordinated ex- party support for State parties and gesse, such as Democracy 21 and the Center penditures supporting their candidates. local candidates will be dramatically for Responsive Politics, and the lobbyists of Many of these provisions are directly reduced if not entirely eliminated in Common Cause. Big-business lobbyists also contrary to existing Supreme Court the next cycle. emerge unscathed—indeed, corporations may precedent. The national Republican Party com- devote more resources to lobbying. But Let me repeat that. Many of the pro- mittees gave $130 million to State par- groups that rely less on lobbying and more visions in this bill that is about to pass ties and $13 million to State and local on campaign support to candidates, grass- the Senate are directly contrary to ex- candidates in soft money in the last roots organizing, and issue ads to rally pub- isting Supreme Court decisions. cycle, the 2000 cycle. The national lic support will suffer. Equally remarkable is the patchwork Democratic Party committees gave But that, too, is a common Washington story. manner in which this legislation $150 million to State parties—more achieves its virtual elimination of po- than the national Republican Party Mr. MCCONNELL. With no basis in litical parties from the electoral proc- committees did—$150 million to State fact or reality, the media consistently ess. It seeks to achieve a pernicious parties and $6 million to State and and repeatedly alleges that our every goal via a haphazard means, and the local candidates in non-Federal money. decision can be traced back to money real loser under this legislation is the Where will all the soft money go? given to support a political party. I American voter, who no longer can rely Where will it all go? trust that every Member in the Cham- on the support of a major political It is going to go to outside groups. ber recognizes how completely absurd, party as an indicia of what that can- We, the Members of the Congress, will false, and insulting these charges are. didate stands for. be able to raise it for them. The soft We have been derelict in refuting these So let me walk you through how this money will also go to the newspapers baseless allegations. I doubt we will legislation will affect all of us. First, because they can sell advertising in ever see a headline that says 99 percent let’s look at the national parties. proximity to the election when no one of Congress has never been under an Shays-Meehan will eliminate nearly 50 else can. ethics cloud. That is a headline we sim- percent of the fundraising receipts of Let’s go over that one more time. We ply will not see. the national parties. National parties are taking this money away from the Each Member is elected to represent will be forced to conduct their wide parties, shifting it to outside groups, our constituents. We act in what we be- array of Federal and State party ac- and restricting their ability to spend it lieve is the best interest of the country tivities with only half the revenue. on advertising in any media, except and, obviously, of our home States. Shays-Meehan will eliminate 90 per- newspapers. No wonder the newspapers Does representing the interests of our cent of the cash on hand of the na- are for this bill. This is a great deal for State and our constituents lead to cor- tional parties. If Shays-Meehan were them. Not only are they unregulated in ruption or the appearance of corrup- law in 2001, the total cash on hand for their speech—and they should be, I de- tion? These allegations are not an at- all six national party committees fend their right to have unregulated tack on us, they are an attack on rep- would have dropped from $66 million to speech—but their business managers resentative democracy. $6 million. are going to be pretty excited about What we are talking about today is Let’s go over that one more time. If this bill as well. It is going to be a speech: the Government telling people Shays-Meehan had been in effect last windfall for them. how, when, and how much speech they year, the total cash on hand for the six Let’s take a look at coordinated are allowed. This wholesale regulation national party committees would have versus independent expenditures under of every action of every American any- dropped from $66 million down to $6 this bill. Shays-Meehan significantly time there is a Federal election is truly million: For the three national Repub- limits party support of Federal can- unprecedented. lican committees it would drop from didates as well. We just talked about The courts have consistently upheld $56 million down to $19 million; and for the impact on the State and local level, the free speech rights of individuals the three national Democratic Party but Shays-Meehan also significantly and of parties. Even in the most recent committees, from $10 million down to a limits party support of Federal can- case of Colorado II, the Court made debt of $13 million. didates, people such as us. Under this
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2122 CONGRESSIONAL RECORD — SENATE March 20, 2002 bill, parties are prohibited from engag- convention grant from the Treasury of side groups will step in and fill the gap. ing in both independent and coordi- the United States was $14 million for We will be able to raise money for nated party expenditures after a can- each major party. That is also about them, or maybe even the unrestricted didate has been nominated. The bill the same amount that was spent on se- media will somehow find a way to fill treats all party committees, from curity alone at each of the conven- the gap. State and local to the national party, tions. The rest of the money needed to Now, what will be the effect of this as a single committee. So let’s take a put on the two conventions came in new legislation on Federal office- look at how this works. soft dollars. All of that will be gone. holders and candidates? Shays-Meehan If the Atlantic City Republican Party Looking at the conventions in 2004, if federalizes our every action and our makes a $500 independent expenditure you are chairman of the Democratic every conversation. The big losers on behalf of a Senate candidate in New National Committee, or the Republican under this bill are State and local can- Jersey, the party is then prohibited National Committee, you will be con- didates and our State parties. Under from making a permissible $900,000 co- fronted with a very difficult decision: Shays-Meehan, we can only raise ordinated party expenditure in New Do you want to put on a 4 day conven- money for State and local candidates Jersey. If you are scratching your head tion with 80 percent less funding? Or do within the hard money limits and re- wondering about this, let’s go over it you want to spend hard dollars that strictions, which is $2,000 per election. one more time. would otherwise be used to help elect Let me explain to my colleagues how The Atlantic City Republican Party the President to pay for the conven- that will work. In 39 States, statewide in New Jersey makes a $500 inde- tion? All the soft money that you used candidates are currently allowed to re- pendent expenditure on behalf of a U.S. to put on the convention the last time ceive more than $2,000 per election, and Senate candidate in New Jersey. Then is now gone. some of them allow corporate contribu- the national party committee is pro- Come to think of it, maybe a middle- tions to candidates. hibited from spending the permissible size town like my hometown, Louis- For example, the individual contribu- $900,000 coordinated that we have been ville, might qualify to hold a conven- tion limit in Wisconsin for a Gov- allowed to do for a quarter of a cen- tion. That would probably be a short ernor’s race is $10,000 per election. But tury. convention with very few people at it. Federal officeholders and candidates The impact is even more severe for Louisville could make a pitch for both will only be able to raise $2,000 per Presidential candidates. If a local the Democratic and Republican Con- election for the Governor’s race. This party anywhere in America makes a ventions in 2004. The parties will be bill federalizes our involvement in $300 independent expenditure on behalf able to spend only $15 million. It will State and local races as well. In Virginia, under state law, there of a Presidential candidate, the nomi- probably only last for a day or two. are no contribution limits or restric- nee of that party will lose the entire There might be fewer people there. We tions for State and local candidates. party coordinated expenditure—rough- could probably handle that in our ho- But under this bill, Federal office- ly $13.7 million in 2000. Remember, tels. It is always a bit of a stretch to holders and candidates will only be even though the Presidential race is put all the people up in hotels during able to raise $2,000 per election for usually publicly funded after the con- Kentucky Derby time of the year. But we might be able to work that out. statewide candidates. vention, there is an amount of money Again, in Virginia—which allows un- This could be a windfall for cities of that both national parties are able to limited individual corporate and union roughly a million across America. spend on behalf of the Presidential can- contributions directly to candidates But do we really want to skinny didate after the convention. with full disclosure—if Senator WAR- In 2004, the Democratic and Repub- down the conventions, or eliminate the NER or Senator ALLEN wanted to be in- conventions? I know a lot of our col- lican Presidential nominees are going volved in the Governor’s race over leagues don’t particularly like going to to have to police every local com- there, they would be in a difficult posi- them. It is a nonstop event from morn- mittee in America. It is a big country, tion going to a fundraiser that they ing until night. But if you are a pre- 50 States, incredible number of munici- didn’t sponsor, because it would have cinct worker out in Oregon and have palities and party committees up and to be limited to $2,000 contributions for worked in the party trenches over the down the system. If any one of them the candidate. makes a $300 independent expenditure years and you get to be a delegate, it is This bill federalizes the involvement on behalf of the Presidential candidate, a big deal. It is something you will re- of Senators and Congressmen in State then the candidate loses $13.7 million. member the rest of your life. It is the and local races by making our rules My colleagues on the other side of only opportunity you will ever have to apply to them no matter what the the aisle have spent time in New meet the county chairmen from some State law is. Under Shays-Meehan, we Hampshire lately. There are a number county in South Carolina on the other can only raise soft dollars for State of aspiring Presidential candidates side of the country. It is the one time parties within the hard dollar limits over there on the Democratic side. every 4 years that we have truly na- and restrictions, and $10,000 from indi- They ought to read this provision very tional parties where Republicans and viduals. But 40 States allow State par- carefully because, if they get the nomi- Democrats from all over the country ties to receive more than $10,000 per nation, some errant Democratic local come together to nominate their can- year. Some of them even allow cor- chairman somewhere in America who didate for President. Even though porate contributions to State parties. decides to go out and be helpful—or there has not been any suspense at the For example, in Arizona, there is no maybe to be mischievous if he is not in conventions for a long time, I can tell limit on the amount an individual can favor of the nominee—and makes an you the delegates who come to the Re- contribute to a State party’s State ac- independent expenditure of $300, he publican Convention—and I believe the count. Federal officeholders and can- could cost the nominee close to $14 mil- delegates that go to the Democratic didates will only be able to raise $10,000 lion in coordinated expenditures in the Convention—think it is a wonderful op- per year for that State account, even general election. portunity to participate in something though that is not Arizona State law. This is fraught with the potential for that is important for America. Unfor- In Illinois, there are no contribution mischief. One thing we know about pol- tunately, we may have seen the end of limits or restrictions on contributions itics, if mischief is possible, mischief the conventions as we know them be- to a State party’s State account. will occur. I think we can stipulate cause this bill takes away about 80 per- But Federal officeholders and can- that. cent of the funding of the national con- didates who are involved in raising Now let us look at what Shays-Mee- ventions. money for the State party State ac- han does to party conventions. In case you think that national con- count in Illinois will only be able to Shays-Meehan will end national ventions might be run through State raise $10,000 per year no matter what party conventions as we have known parties, Shays-Meehan also closes that the Illinois law is. them. The soft money ban covers the option by allowing the use of soft But have no fear, my colleagues. The committees that are created to host money only for State, district, or local House has provided us with an alter- these grand events. In 2000, the Federal political conventions. Perhaps the out- native. We may not be able to do it for
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2123 State parties except within the Federal per-cycle annual aggregate sub-limit very same thing that corporations, regulations, but we can raise unlimited that individuals can contribute to labor unions, and outside groups will soft money from any source for outside State parties. Under current law, if an be able to spend 100-percent soft dollars groups so long as their primary pur- individual were so inclined, he could doing. pose is not voter registration, voter give $50,000 per cycle in hard dollars to Stand-alone PACs, such as EMILY’s identification, get out the vote, and ge- State parties. So we are actually going List, for example, will continue to neric campaign activity. Make sure the backward, and this is at a time when raise and spend a mix of hard and soft group’s primary purpose is issue advo- State parties are forced to do much money, but not national parties. They cacy, and then raise as much as you more with much less. will only be able to raise and spend can from anyone you can. Don’t worry. Let’s look at the effect on State and hard dollars. It will never be disclosed. local candidates. National parties will What about us Members? Members The perverse effect of this is that we be extremely limited in their ability to will still be allowed to maintain lead- can do a lot more for an outside group not only make contributions to State ership PACs—that is good—and even than we can do for our own State party and local candidates, but also to pro- have a soft dollar account for those in our home State. Under this bill, if mote issues of State and local impor- PACs. So Members of Congress will be you fancy voter registration, voter tance in conducting voter drives. Mem- able to have leadership PACs that raise identification, get out the vote, and ge- bers of Congress are similarly re- both hard and soft dollars. But na- neric campaign activity, you can raise stricted in what assistance we can pro- tional parties will only be able to raise $20,000 per year from individuals from vide the State and local candidates. and spend hard dollars. any outside group specifically for those Shays-Meehan even regulates the The bottom line is this bill does not activities. All that money is soft conduct of State and local candidates— take money out of politics, it just money. from fundraising to advertising. State takes the parties out of politics. Now let’s look at issue ad restric- Let us go over it one more time. and local candidates will be forced to tions. The Shays-Meehan issue ad pro- If a Federal officeholder wants to burn campaign funds to retain lawyers vision muzzles political speech based raise money for a State party, Federal to guide them through the myriad solely upon the timing of the speech. A rules apply. But if a Federal office- State, and now Federal, regulations on person or a group must report to the holder wants to raise money for an out- their State and local campaigns. Government whenever they mention side group, its wide open. So there Now, let’s take a look at the outside the name of a candidate in any broad- won’t be any less soft money raised groups and compare the outside groups cast, cable, or satellite communication around here. My prediction is there to the national party committees. within 30 days of a primary or 60 days will be more soft money around. It will Make no mistake about it, soft of a general election. Corporations and just be raised for outside groups rather money will exist, and it will thrive labor unions are totally censored dur- than for the party. under Shays-Meehan everywhere, ex- ing that period. The censorship extends Let us take a look at the effect on cept at the party committees. to nonprofit corporations such as the State and local parties. State and local Here are a few short examples: Cor- Sierra Club and the NAACP on the left, party operations are impacted dramati- porations, labor unions, and outside and the National Right to Life Com- cally by Shays-Meehan. This bill elimi- groups will continue to use 100-percent mittee and the NRA on the right. soft money to run issue ads. We have nates the national parties as a source Let me use a recent example of how no idea how much they spend because of non-Federal support for their State this provision will work. Just this past activities. But it also heavily restricts corporations and labor unions do not week, within 30 days of the primary, how they operate. disclose these details about their soft the American Civil Liberties Union ran Last year, we addressed in a limited money. But, national parties will be two issue advertisements in Illinois. way the problem of this bill federal- forced to use 100-percent hard dollars. One was a broadcast radio ad, the other izing generic voter registration and Corporations, labor unions, and outside was a newspaper ad. get-out-the-vote drives. The so-called groups will continue to use soft money If this legislation is passed today, the Levin amendment was adopted by a to raise the hard money for their PACs. radio ad falls within the issue ad prohi- voice vote in the Senate to incorporate Let me repeat that. Corporations, bitions and restrictions, so it could not that change. labor unions, and outside groups will be run, however, the newspaper ad is However, the House has placed such continue to use soft money to raise the not affected. So in the following ad— extensive restrictions on the fund- hard money for their political action run just this past week by the ACLU in raising and spending by State parties committees. But national parties will Illinois—on the radio, the female an- for voter activities that the so-called be forced to use 100-percent hard nouncer said: Levin provision is now virtually mean- money because there will no longer be [We’re] waiting for our Congressman, Den- ingless. State parties will be forced to any soft money for the parties to raise nis Hastert, to protect everyone from dis- use only hard-dollar, Federal dollars, hard money. crimination on the job. to benefit State and local candidates. As we all know, direct mail has high As Speaker of the House, Representative Shays-Meehan prohibits party trans- overhead, very high overhead. The na- Hastert has the power to stop the delays and fers, joint fundraising, fundraising by tional party committees will not only bring the Employment Non-Discrimination us for the State account, and also pro- have to build their buildings with hard Act—ENDA—up for a vote in Congress. It’s dollars, and put on their conventions about fairness. It’s time to ensure equal hibits State parties from broadcasting rights for all who work, including lesbians generic, ‘‘Vote Republican,’’ or ‘‘Reg- with hard dollars, they will also have and gay men, and make sure that it’s the ister Democrat’’ messages. to do their direct mail fundraising with quality of our work that counts, and nothing Not only are we the big losers under 100-percent hard dollars. But corpora- else. the House scheme, but State and local tions, labor unions, and outside groups And later in the ad, the male an- candidates who run in Federal election will use 100-percent soft dollars, even nouncer says: years suffer as well. State and local to raise hard money for their political Protecting workers from discrimination, candidates who are running in Federal action committees. Corporations, labor or more delays? election years—that happens all the unions, and outside groups will even And the female announcer says: time, all the time, all across America. continue to use soft money for activi- Take action now. Send Speaker Hastert a The big winners, yet again, are the out- ties such as voter registration and get- letter urging him to support fairness and side groups and, of course, the news out-the-vote efforts. bring ENDA to the floor. . . . media. According to news reports, the AFL– That is the radio ad. Under Shays- As for hard-dollar contributions to CIO plans to raise dues 60 percent to Meehan, it cannot be run. State parties, Shays-Meehan actually fund their $35 million effort this year. But alas, a newspaper ad, under this lowers the total amount of hard money Again, we have no idea how much soft bill, could be run. that an individual can contribute dur- money the unions spend because they The newspaper ad says: ing a 2-year election cycle to State par- do not disclose it. National parties will Speaker of the U.S. House of Representa- ties. Shays-Meehan creates a $37,500 have to use all hard dollars to do the tives, Rep. Hastert has the power to stop the
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2124 CONGRESSIONAL RECORD — SENATE March 20, 2002 delays and bring the Employment Non-Dis- Committee. The censorship in Shays-Meehan are mandatory contributions—these crimination Act—ENDA—up. . . . wouldn’t be discriminating.’’ are not voluntary. In fact, in increas- And on and on. Mr. MCCONNELL. Reformers appar- ing the mandatory contributions, the It is exactly the same as the radio ad. ently are not concerned by the fact unions eliminated all voluntary con- So under Shays-Meehan, if your ad is that this provision flies in the face of tributions. on the radio, you cannot run it; if your more than a quarter of a century of In the 2000 cycle alone, unions con- ad is in the newspaper, you are OK. court decisions striking down such at- tributed $83 million to political cam- This kind of arbitrary and capricious tempts to restrict issue speech. The paigns—that we know about. We will stifling of political speech is the es- FEC will be the speech police to track never know how many hundreds of mil- sence of the issue ad restrictions in these ads, something that will prove lions of dollars the unions spent on this bill. Both advertisements are issue nearly impossible to enforce in a Presi- many of their political activities be- speech. Both advertisements ran at the dential election year when there will cause it is never reported. This bill same time. However, only one adver- be only a couple of months without does nothing to address that problem. tisement invokes the jurisdiction of a censorship somewhere. I submit two articles for printing in newly created speech police. Remember, in a Presidential election the RECORD. One is entitled ‘‘The Orga- I ask unanimous consent that an year, the primaries are going on at dif- nized Labor Loophole,’’ and the other ACLU press release be printed in the ferent times beginning in Iowa and is entitled ‘‘AFL–CIO To Boost Manda- RECORD. going through the season. Since this tory Donations.’’ I ask unanimous con- There being no objection, the mate- bill cracks down on issue speech within sent that they be printed in the rial was ordered to be printed in the 30 days of a primary, somewhere in RECORD. RECORD, as follows: America you will be within 30 days of a There being no objection, the mate- ACLU DOUBLE PLAY: NEW AD BLASTS WORK- primary when you are running for rial was ordered to be printed in the PLACE DISCRIMINATION AGAINST GAYS, President. So the blackout period will RECORD, as follows: SHOWS FLAWS IN CAMPAIGN FINANCE LEGIS- be in effect somewhere virtually [From the Washington Times, Mar. 16, 2002] LATION throughout the entire year. THE ORGANIZED LABOR LOOPHOLE WASHINGTON.—In a move that both show- For those who dare to speak within For several years, there has been much cases the problem of workplace discrimina- the 30- to 60-day window—30 days be- tion in America and the constitutional flaws hysteria about how soft money has corrupted of campaign finance legislation, the Amer- fore the primary or 60 days before the the political process. Democrats, self-serving ican Civil Liberties Union today began run- general election—they will have to re- media organizations and Sen. John McCain ning a series of radio and newspapers issue port to the FEC. However, unlike every (the Keating Five-tainted presidential aspi- ads that would be outlawed under a cam- political committee registered with the rant whose campaign was trounced by paign finance bill likely to soon become law. FEC, the regulated speakers will only George W. Bush) have been shedding croco- The advertisements are running in the Chi- dile tears over soft money. As it happens, have to report receipts of $1,000 or during the 1999–2000 electoral cycle, each of cago media market and urge Speaker of the more, not $200 or more as is required of House Dennis Hastert, who represents a sub- the two major political parties raised about urban Chicago district, to use his position to other committees. Therefore, very few $250 million in soft money from corporations, bring the Employment Non-Discrimination donations will end up being disclosed. unions and individuals. Every dime of those Act to a full vote in the House. Conveniently for the Washington evenly divided soft-money donations was ‘‘This is a dramatic double play,’’ said Post and the New York Times, the re- publicly disclosed. Any interested voter was Laura W. Murphy, Director of the ACLU’s striction and disclosure provisions free to make his own informed judgment Washington National Office. ‘‘Not only have apply only to broadcast ads and not to about the source and the size of the soft- we highlighted the urgency of making em- money contributions the parties received. print ads. So, once again, we have sort The real scandal involving soft money, ployment non-discrimination a top priority of a capricious selection of preferred in Congress, but the ads also demonstrate in however, relates to the fact that labor practice how campaign finance legislation media—restrictions on the broadcast unions have been laundering the dues of will effectively gag political speech.’’ media but no restrictions on the print their members through their union treas- The ACLU has long advocated a system of media. No wonder the newspapers are uries and into the coffers of the Democratic public financing as a means of increasing ac- so enthusiastic about this legislation, Party. This, despite the fact that voter-exit cess to the political process without imping- not just on the editorial page but over polls have revealed that nearly 40 percent of ing on protected political speech. The in the business department. The news- union workers and members of their house- ACLU’s ad, which Murphy argued is both holds have voted for the Republican presi- paper business managers all across dential candidate since 1980. Yet, even this completely non-partisan and politically es- America are cheering for this bill. sential, is a perfect example of the beneficial scandal pales in comparison to the hundreds political speech that would be silenced by By focusing only on broadcast media, of millions of dollars in indirect and in-kind the Shays-Meehan bill that the Senate is ex- this restriction allows unions to con- contributions that labor unions routinely pected to take up on Monday. tinue their efforts with unregulated make on behalf of the Democratic Party. The ads, because they are being broadcast and undisclosed soft money. The These sorts of contributions are, of course, during a 30-day window before a primary breadth of this provision may also re- never disclosed. Indeed, labor economist Leo election, would be forbidden if the Senate strict communications via the Internet Troy of Rutgers University has testified be- passes and President Bush signs the Shays- and other high-tech modes of commu- fore Congress that unions regularly spend and estimated $500 million during each two- Meehan bill. The ACLU has long been a vig- nication which are satellite based. orous opponent of the measure and its Sen- year cycle to elect Democrats. Yet, only a ate counterpart, the McCain-Feingold bill, There are loopholes, of course, for relatively small portion of these funds—spe- because they would curb political speech. outside groups. Reformers claim this cifically, the soft-money donations and the ‘‘Ironically, our radio ads would be out- bill will increase disclosure and shine contributions from political action commit- lawed by the bill,’’ Murphy said, ‘‘but our the light on big money in politics. This tees (PACs)—are disclosed. virtually identical newspaper ads that are is, of course, not true. Unions will con- The audacious operations of the National running on Monday would continue to be ac- tinue to funnel hundreds of millions of Education Association (NEA) demonstrate ceptable.’’ dollars of hard-working union member precisely how scandalous labor’s gambit has The ACLU said that passage of ENDA been. As the Landmark Legal Foundation would guarantee that individuals could not dues into the political process without has meticulously documented in several be discriminated against in the workplace ever disclosing one red cent. complaints filed with the IRS and the Fed- based on their real or perceived sexual ori- Last spring during the Senate debate, eral Election Commission, the nonprofit, entation. The ads urge listeners and readers in a moment of rank hypocrisy, the tax-exempt NEA has literally spent tens of to visit the ACLU’s website—http:// Senate voted to reject a provision that millions of dollars since 1994 on political op- www.aclu.org/ENDA—where they can learn simply required corporations and erations. Each year, however, according to more about the provisions of ENDA and send unions to disclose all of their political Form 990 that is required by the IRS, the a free fax to Speaker Hastert urging action activities, just their political activi- Washington-based NEA claims that not a in the House on the proposed legislation. dime of its resources is expended on political ‘‘It’s important to remember that the ties. It was voted down in the Senate. matters. Since at least 1994, Form 990’s line ACLU would not be the only group impacted Interestingly, the AFL–CIO just 81a, where the NEA is required to ‘‘[e]nter by the new law,’’ Murphy said. ‘‘This ad voted to increase, by 60 percent, the the amount of political expenditures, direct could just as easily be something from the mandatory contributions collected by or indirect,’’ has been blank. Anyone who re- NRA, Common Cause or the Right to Life the unions from their members. These views Landmark’s complaints, which are
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2125 available on its web site But labor’s antagonism toward the White ‘‘considerable credit’’ for the passage of the (landmarklegal.org), can appreciate how House does not extend to all Republicans. bill, which has received so much supportive staggering the NEA’s annual violations truly Asked at a news conference whether his goal editorializing from the Times, in news sto- are. was to elect a Democratic Congress, Sweeney ries and editorials, that it should be called While Landmark has concentrated on the said carefully, ‘‘It’s fair to say that we want Shays-Meehan-Times. NEA’s national affiliate, the Heritage Foun- a House that’s controlled by supporters of What pleased the Times is that Bush did dation has attempted to review Form 990s the working-family agenda.’’ He said mod- next to nothing to discourage—in fact filed with the IRS by teachers unions rep- erate Republicans had been willing to work Fleischer issued a statement that encour- resenting the 100 largest, public-school dis- with unions. aged—passage of a bill chock-full of provi- tricts and the 50 representing them at the Other union leaders emphasized their de- sions that Bush, who swore an oath to defend state level. These included affiliates of both sire to focus on issues, not party orientation. the Constitution, has said violate the First the NEA and the American Federation of Union efforts are expected to overwhelm- Amendment. Two years ago he affirmed this Teachers (AFT), the other major teachers ingly favor Democrats, but more Repub- principle expressed by Supreme Court Jus- union. licans may get support than in the past. tice Clearance Thomas: ‘‘There is no con- By law, these NEA and AFT affiliates are With 36 governors races this year, unions stitutionally significant distinction between required to provide copies of their most re- plan to focus more of their effort on state ac- campaign contributions and expenditures. cently filed Form 990s to anyone requesting tivities. Both forms of speech are central to the First them. In fact, many affiliates refused Herit- ‘‘They’re [Democrats] getting nervous as Amendment.’’ When asked about the prin- age’s request. Nevertheless, apart from the we talk about being issue-driven because no ciple that it is hostile to First Amendment contributions by their PACs, only two of the one likes to compete,’’ said Andrew L. Stern, values to limit individuals’ participation in 63 Form 990s examined by Heritage reported president of the Service Employees Inter- politics by limiting their right to contribute, any ‘‘political expenditures, direct or indi- national Union, the nation’s largest. His he said, ‘‘I agree.’’ Asked if he thinks a presi- rect’’ on line 81a. (National Education of group has weathered criticism for sup- dent has a duty to judge the constitu- New York and the Hawaii State Teachers As- porting, among other issues, a health pro- tionality of bills and veto those he considers sociation reported ‘‘direct or indirect’’ polit- posal by New York’s Republican governor, unconstitutional, he replied: ‘‘I do.’’ ical expenditures of $69,272 and $136,285, re- George Pataki. Now he seems ready to sign Shays-Meehan- spectively—political spending, if Landmark’s Labor Secretary Elaine Chao, who was re- Times. Why? Could it have something to do review of the NEA’s national affiliate is any ceived ‘‘politely’’ during private meetings, with the fact that the bill raises from $1,000 guide, that is probably drastically under- underscored White House efforts to make in- to $2,000 the limit on individuals’s contribu- stated.) Equally revealing was the fact that roads with select unions, such as the Team- tions to House, Senate and presidential can- those forms showed average-annual-dues in- sters, which has split with Democrats to sup- didates? Candidate Bush got $1,000 contribu- come exceeding $4.1 million, while expendi- port a Republican plan to drill in the Arctic tions from 61,000 people. If he can get just tures for collective bargaining—a union’s National Wildlife Refuge. As the Senate that many to give $2,000—for a sitting presi- principal purpose—averaged a mere $103,000. opens debate on the energy bill, autoworkers dent, that should be a piece of cake—the bill Once Senate Republicans cast the deciding, say they are also worried about proposals to that he says ‘‘makes the system better’’ will filibuster-proof votes to ban soft money, increase fuel-efficiency standards. be worth an extra $61 million to him in 2004. which, in practice, Republicans have used to ‘‘I’m very much committed to fostering a The ardent-for-reform Washington Post— balance the ‘‘under-the-radar’’ political good working relationship with labor, but the bill should have been called Shays-Mee- spending by labor unions on behalf of Demo- that has to be a two-way street,’’ Chao said. han-Times-Post—baldly asserts (talk about crats, those GOP senators will have nakedly She promised the unions she would carefully the triumph of hope over experience) that exposed themselves to the loophole-smashing review a new lawsuit against the poultry in- the bill ‘‘will slow the spiral of big-money tactics of a labor-Democratic cabal. dustry over ergonomics. The suit was an- fundraising.’’ Actually, the 2003–04 election nounced yesterday. cycle probably will see the normal increase [From the Boston Globe, Feb. 27, 2002] Currently, the AFL–CIO funds political ac- in political spending. The difference will be AFL–CIO TO BOOST MANDATORY DONATIONS, tivities through a 6.5-cents-per-month as- that in the next cycle much more of the po- HOPES TO SPEND $35M ON NOVEMBER ELEC- sessment on workers and voluntary con- litical giving will be more difficult to trace. TIONS tributions from member unions. Under the The soft money that Shays-Meehan-Times- Post bans—contributions to parties—must be (By Sue Kirchhoff) proposal, the mandatory assessment would increase to 10.5 cents, but the voluntary reported. Henceforth much of that money NEW ORLEANS.—John Sweeney, AFL–CIO fund-raising would stop. The change, which will go to independent groups that will not president, said yesterday labor leaders plan would take effect in July, would contribute have to report the source of the money that about a 60 percent increase in mandatory $3.5 million of the forecast $35 million for finances their issue advertising. contributions for political activities in order this election cycle. That total includes $12 One of the bill’s incumbent-protection to help the organization meet its goal of million, however, that has already been measures says that a candidate whose oppo- pouring $35 million into get-out-the-vote and spent on political activities. Union officials nent is very wealthy can receive contribu- advertising efforts before the November elec- said there was fund-raising fatigue and the tions larger than $2,000. But the Supreme tions. desire to have more stable funding. Court has held that the only constitutional The proposal, which faces a final vote in justification for limiting political contribu- Mr. MCCONNELL. Let’s take a look May, was one in a series of efforts by the tions is to prevent corruption or the appear- AFL–CIO executive council, meeting in New at the media. One of the largest loop- ance thereof. So this bill claims, in effect, Orleans, to regroup in the face of a recession holes in this bill is reserved for the that the appearance of corruption from a that has hit workers hard. There are splits media. I ask unanimous consent that large contribution varies with the size of among unions over specific issues, such as an the full text of George Will’s February one’s opponent’s wallet. energy bill now moving through the Senate, 25 column from Newsweek and his Another incumbent-convenience provision and unease that labor has won few victories March 10 column from the Washington makes it much more difficult for inde- despite its enormous financial support of pendent groups—labor unions, corporations, Post be printed in the RECORD at this Democrats. nonprofit entities (individuals are another New figures released yesterday showed an point. matter; see next paragraph)—to run ads that increase in union membership in 2001, but There being no objection, the mate- so much as mention a House, Senate or pres- the gains were nowhere near the goal of re- rial was ordered to be printed in the idential candidate within 30 days of a pri- cruiting a million workers a year. The AFL– RECORD, as follows: mary or 60 days of a general election—if ef- CIO membership rose by about 326,000 to 13.25 [From Newsweek, Feb. 25, 2002] fect, after Labor Day. million. Most of the increase, however, was In the name of protecting regular people VIRTUE AT LAST! (IN NOVEMBER) due to affiliation with existing unions. The from rich people, the bill has this effect: A AFL–CIO, which has consolidated some of- (By George F. Will) millionaire can write a check for $1 million fices, said it would shift dozens of workers to Presidential Press Secretary Ari Fleischer, and run a political ad that the National Rifle political activities and union organizing. pioneering new frontiers of fatuity, says Association or the Sierra Club could not run Union leaders approved an economic agenda some parts of the Shays-Meehan campaign- using $1 contributions from 1 million indi- that focuses on health care, retirement secu- finance bill please his boss and others do not. viduals. rity, and jobs, and made it clear that a can- ‘‘But ultimately the process is moving for- Most representatives who voted for the bill didate’s willingness to actively support ward, and the president is pleased.’’ Ulti- probably do not know half of what is in it. union organizing efforts would be a key fac- mately, in Washington, the celebration of They cannot know. No one will know until tor in endorsements and financial support. ‘‘process’’ signals the abandonment of prin- there have been years of litigation about ‘‘We will advance an economic agenda for ciple. Federal Election Commission regulations working families. If we don’t do it, no one President Bush’s abandonment of his has issued to ‘‘clarify’’ things. What, for exam- will,’’ said Sweeney, attacking the Bush ad- earned him at least $61 million (see below) ple, if meant by ‘‘coordination’’? Consider. ministration for what he called ‘‘shameful’’ and the approval of The New York Times. It There are dollar limits on contributions to insensitivity toward workers. praises his ‘‘positive role’’ and gives him candidates, but not on spending for political
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2126 CONGRESSIONAL RECORD — SENATE March 20, 2002 advocacy by independent individuals or However, our concern is not with the mo- of Delaware, entitled ‘‘Just A Gag? groups—unless they are coordinated with the tives of the House in removing the provision, Congress Prepares To Repeal Freedom candidate. In that case they are counted as but with the appearance the removal creates Of Speech,’’ be printed in the RECORD contributions to the candidate, and thus lim- regarding two passionate advocates of at this point. ited. The bill says coordination includes Shays-Meehan. The New York Times Co. ‘‘any general or particular understanding’’ owns eight network-affiliated television sta- There being no objection, the mate- between such an individual or group and a tions, and The Washington Post Co. owns six rial was ordered to be printed in the candidate. If proper law gives due notice of such stations. Shays-Meehan is potentially a RECORD, as follows: what is and is not permitted, this is not the windfall for both companies. Gracious. [From the Wall Street Journal, Feb. 13, 2002] rule of law. The Times and The Post incessantly in- JUST A GAG? Opinion polls invariably show negligible struct their readers that the appearance of (By Pete Du Pont) public interest in campaign-finance reform, corruption exists when someone who has but almost every congressional district has benefited an elected official with a campaign The anti-First Amendment crowd is at at least one newspaper hot for reform. Media contribution then benefits from something work in Washington this week, attempting cheerleading for the bill has been relentless. the official does. But contributions are not to limit political speech during election For example, NBC’s Katie Couric, advocating the only, or even the most important, bene- campaigns. Their vehicle is the Shays-Mee- passage of what should be called the Shays- fits that can be conferred upon elected offi- han campaign-finance bill, and their goal is Meehan-Times-Post-Couric bill, wondered cials. The support by powerful newspapers to drive the money out of politics—even if it whether Enron’s collapse would make ‘‘peo- for a political official’s legislation can be requires driving free speech out of political ple say, ‘Enough is enough! This has got to much more valuable to the politician than campaigns. happen!’ ’’ The media know that their power the maximum permissible monetary con- Rep. Harold Ford (D., Tenn.) wondered on increases as more and more restrictions are tribution ($2,000 under current law, $4,000 television last summer why ‘‘any organiza- imposed on everyone else’s ability to partici- after Shays-Meehan becomes law) to his tion regardless [of whether] they are Demo- pate in political advocacy. campaign. crat or Republican, conservative or liberal, The bill repeals the politicians’ entitle- It probably would be unfair to ascribe the [should] be allowed to come in and influence ment to buy advertising at the lowest rate Times’ and The Post’s support for Shays- the outcome of elections solely to advance stations charge any buyer. This will mean Meehan to corruption. But it would be no some narrow interest of theirs.’’ hundreds of millions of dollars of extra rev- more unfair than are the Times, The Post Why should they be allowed? Because the enue for broadcasters. Is this a reward for and other reform advocates in routinely im- First Amendment says it’s their right. Be- the media’s support? Is there an appearance pugning the motives of politicians who are cause the framers of the Constitution be- of corruption here? Never mind. But note conservative (or liberal) and hence support lieved, as James Madison and Alexander this. Repeal of the entitlement is another particular conservative (or liberal) policies Hamilton argued in Federalist No. 51, that gift from incumbents to themselves. Chal- after, but not because, they have received the civil rights of citizens in the new repub- lengers usually have less money, so they will contributions from people who support those lic depended on the voices of many interests be most hurt by higher ad rates. policies. being heard. And because if only candidates The bill’s authors say soft money is (a) Stil, the appearance of corruption on the and the establishment media are allowed to scandalous and (b) not to be tampered with part of the Times and Post, which are ex- speak in the 60 days before an election— until after they have re-elected themselves. quisitely sensitive about (other people’s) ap- which is the intent and effect of the Shays- That is, they refused to ban soft money until pearances, is compounded by this fact: The Meehan bill—ordinary people will be all but they have spent all that their parties have media, which comprise the only intense con- voiceless and powerless in the crucial period raised and will frenetically raise until No- stituency for campaign finance reform, advo- during an election. No doubt members of Congress think that vember. It is going to be that kind of year. cate expanded government regulation of all is a good idea, because it is much easier to political advocacy except that done by the get re-elected if your opponent lacks the re- [From the Washington Post, Mar. 10, 2002] media. sources to mount an effective campaign. A MATTER OF APPEARANCES Many reformers’ ostensible concern about What elected official wants groups interested (By George F. Will) the appearance of corruption is just for ap- pearances. The politicians’ real concern is to in some issue mucking about in his voting The New York Times and The Washington silence their critics. Recently John McCain record and being able to air what they find Post are guilty of corruption. To be precise, gave the game away. in prime time? they probably are guilty only of the appear- But the question under debate is whether He was discussing the bill’s provision that ance of corruption, as they define it. But as people of similar beliefs—be they anti-death- puts severe—for many groups, insuperable— they so frequently tell us, the appearance of penalty liberals or pro-life conservatives, impediments on any group wanting to run a corruption is the equal of actual corruption unions or corporations or nonprofits—may broadcast ad that so much as refers to a can- as a justification for campaign finance re- pool their resources to increase their polit- didate within 30 days of a primary or 60 days form, for which they have tirelessly cam- ical impact by talking on television about of a general election. He said: ‘‘What we’re paigned. issues and candidates in the 60 days (the only trying to do is stop’’—note that word—‘‘or- The Supreme Court has said that pre- days that really count) before an election. ganizations like the so-called Club for venting corruption or the appearance of it is Shays-Meehan says no; journalists can Growth that came into Arizona in a primary, the only constitutional justification for lim- talk on television or radio, but others inter- spent hundreds of thousands of dollars in at- its on political contributions, most of which ested in an issue cannot. But the First tack ads. We had no idea who they were, finance the dissemination of political speech. Amendment is very clear that our opinions where their money came from.’’ So advocates of the House-passed Shays-Mee- as citizens and the opinions of the press are McCain’s attack was recklessly untruthful. han campaign finance reform bill and of its equally protected. (‘‘Congress shall make no He knows perfectly well what the club is—a close cousin, the Senate-passed McCain- law . . . abridging the freedom of speech, or mostly Republican group formed to support Feingold bill, pretend (we shall come in a of the press.’’) And so was the U.S. Supreme fiscal conservatives. The only ad the club moment to what they are really doing) that Court in Buckley v. Valeo, the definitive and ran—a radio ad—contained not a word of at- their aim is merely to prevent corruption unanimous 1976 campaign-regulation deci- tack: It was an entirely positive endorse- and—this is more important because it is sion: ‘‘The concept that the government may ment of a candidate’s views, and it did not more ubiquitous—the appearance of it. restrict the speech of some elements in our mention or even refer to anyone else. All Well. Shays-Meehan, which the Senate will society in order to enhance the relative voice contributions to the club over $200 are dis- accept as a replacement for McCain-Fein- of others is wholly foreign to the First closed. gold, no longer contains a provision that is Amendment.’’ But on one matter McCain, who wishes he in McCain-Feingold that would have What Shays-Meehan (and its Senate coun- could criminalize negative ads, was candid. strengthened the requirement that television terpart, McCain-Feingold) does is restrict He—like the Times and Post—is trying to stations sell time to candidates at the low the speech of challengers and enhance the stop others from enjoying rights they now rates the stations charge their best cus- speech of incumbents; it restricts the speech enjoy. tomers. The House dropped this provision of citizens and thus enhances the speech of from the bill. Mr. MCCONNELL. Shays-Meehan re- the media on issues they care about. Broadcasters lobbied hard for this action, stricts the free speech rights of individ- In an earlier column, I discussed some of which will be worth many millions of dollars uals, parties and groups, but not the the difficulties of political speech bans. But to television stations. But that probably was media. The issue ad restrictions are so consider the actual effect of McCain-Fein- not the primary reason the House did it. Nor onerous that many individuals and gold: Planned Parenthood and People for the was the reason just gratitude for the media’s groups will choose not to speak. But, of American Way, the National Rifle Associa- cheerleading for Shays-Meehan. Rather, the tion and Americans for Tax Reform, your House probably did it primarily to help in- course, the media will still be free to local Stop the Highway or Cut Property cumbents: Challengers usually have less speak their mind. Taxes Committee—all of them among Rep. money and hence are hurt more by high I ask unanimous consent that an ar- Ford’s ‘‘narrow interest’’ organizations— broadcasting rates. ticle by Pete du Pont, former Governor would be forbidden to use their resources to
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2127 run ‘‘electioneering communications’’ after The parties will be replaced by an un- and during the 2000 cycle, nearly $3 million. Labor Day in an election year. But every derground network of outside groups Millions more went to state candidates. newspaper and television station in your for whom we can raise unlimited, un- ‘‘We have taken a long time. We suffered a town and state could still support or deni- disclosed sums of soft money. Let me lot because we didn’t understand this polit- grate every candidate every day. Why would ical process and now that we have learned any sensible person vote to limit the speech be clear: There are numerous groups the process and we have a level playing field, of individuals and organizations but not that for whom Members can raise unlim- we have got to be treated fair,’’ said Erine of the media, which have as many opinions ited, undisclosed corporate and union Stevens, chairman of the National Indian and biases as each of us does? soft money. Let me give you some Gaming Association. When McCain-Feingold was before the Sen- names: Common Cause, the Sierra The exemption could put Indian tribes in a ate last March, 40 senators voted for Sen. Club, the NAACP, NARAL, and NOW. position to donate more than any other sin- Fritz Hollings’s proposed constitutional This is a great day for them, a banner gle interest group in America. amendment that would exclude campaign day for them. Politicians don’t seem to mind. Law- speech from the protection of the First makers don’t appear in a hurry to close the Amendment. As wrongheaded as it is, it is at Now there are other loopholes in loophole during a House and Senate rec- least honest. Shays-Meehan’s supporters pro- Shays-Meehan for specific outside onciliation conference. And if the bill is pose to achieve the same result by stealth, groups. Let’s take a look at Indian signed into law by the President, Indian for they know full well that a constitutional tribes. In the 2000 cycle, Indian tribes groups can start cashing in their chips. amendment has no chance of passing. contributed almost $3 million to Fed- Mr. MCCONNELL. Let’s take a look It is hard to imagine anything worse for eral political campaigns. They used the republic than to have campaign speech at the trial lawyers. Shays-Meehan regulated, supervised, watched, controlled their general treasury for contribu- does not cover trial lawyers who orga- and authorized or prohibited by an agency of tions, independent expenditures, and to nize as partnerships—which most law- the national government. Our Founding Fa- run issue ads. This bill does not cover yers do these days—rather than cor- thers carefully wrote the right to express our any of their activities. porations. Lawyers gave more than views on the issues of the day into the Con- A recent article from Fox News con- $112 million in the 2000 election cycle stitution, and we should make sure it is not cluded that Indian tribes could soon alone. They are free to run issue ads at written out. contribute more money than any other any time without restriction. This bill Mr. MCCONNELL. Many of Shays- interest group in America. does nothing to change that. Meehan’s restrictions on political dis- I ask unanimous consent that the Madam President, I ask unanimous cussion by outside groups only apply to full text of that article be printed in consent that a copy of an editorial by discussions in the broadcast media— the RECORD. James Wooton on this matter be print- not in the print media. If you happen There being no objection, the mate- ed in the RECORD. to own a newspaper, or happen to be a rial was ordered to be printed in the There being no objection, the mate- newspaper, then these restrictions do RECORD, as follows: rial was ordered to be printed in the not apply. NATIVES SLIP THROUGH BIG LOOPHOLE IN RECORD, as follows: It is no mystery why the New York CAMPAIGN FINANCE [From the Washington Times, Feb. 27, 2002] Times and the Washington Post have (By Katie Cobb) CAMPAIGN FINANCE LAWYER LOOPHOLE joined forces to run an editorial in LOS ANGELES.—Native American groups, or (By James Wooton) favor of campaign finance reform once sovereign tribes that live alongside other every 51⁄2 days for the last 5 years. U.S. citizens but are subject to several ex- A great irony could emerge from the 107th More than once a week, every week, for emptions from U.S. tax and other laws, are Congress: The purportedly populist campaign the last 5 years. The newspapers are getting another break in the campaign fi- finance reform bill being considered by Con- nance reform law meant to reduce the im- gress would stifle debate on legal reform—a huge winners under this bill—they vital consumer and shareholder issue—while have a blatant conflict of interest— pact of special interests on political cam- paigns. creating a loophole for the most powerful which I don’t recall reading about on ‘‘They are basically just reaching into the special interest in Washington: plaintiffs’ any of their editorial pages. Nor do I till that is full of business and gambling class action lawyers. recall seeing any news stories in their money and writing checks to politicians and As it relates to independent expenditures papers about their blatant conflict of political parties,’’ said Jan Baran, an elec- and issue advertisements, these bills don’t interest and what big winners they are tions law attorney. cover trial lawyers because lawyers com- financially as a result of the passage of While most special interest groups will monly take their compensation as individ- lose their ability to donate soft money and uals and, therefore, are not treated as ‘‘cor- this bill. porations’’ subject to the restrictions in the Let’s take a look at fundraising for are limited to low caps on direct contribu- tions if and when the campaign finance bill legislation. Whether or not they intend it, outside groups. The largest loophole is enacted, tribes which participate in the $5 the bill’s authors would grant a license to for outside groups is that we in Con- billion a year Indian gaming industry will these trial lawyers, who ante up tens of mil- gress can raise soft money for them. not be subject to the same rules. lions of dollars in campaign contributions a This huge loophole was literally added An existing rule by the Federal Elections year and, in doing so, would further empower at the 11th hour over in the House in Commission already exempted tribes from a new class of wealthy individuals with an order to secure enough support for this the same contribution limits that apply to aggressive political agenda. The Shays-Mee- bill so that it would pass in the House other Americans. But lawmakers, who had han/McCain-Feingold bills unwittingly step into a major public-policy battle between of Representatives. This bill shuts off an opportunity to close the loophole during recent debate on the measure, decided to plaintiffs’ trial lawyers and the U.S. business money to political parties but turns leave the exemption in place. community in a way that’s certain to the spigot wide open on contributions ‘‘Under the current law, individuals have produce a clear loser: The American public. to outside interests. an overall cap of $25,000 a year that they can Legal reform is a concept abhorred by these What the reformers don’t tell you is give to candidates and federal political com- lawyers because it would rein in the filing of that the soft money contributed to the mittees. Indian tribes don’t have that overall frivolous lawsuits and put a lid on the lot- national parties was already fully dis- aggregate cap,’’ said Ken Gross, a former tery-like legal fees that have made some closed. Our friends up in the press gal- council for the FEC. trial lawyers fabulosuly rish. They remem- lery and the American public knows The exemption allows Indian tribes to do- ber well the bullet they dodged when Presi- nate the maximum amount to every single dent Clinton vetoed the 1996 Federal Prod- how much soft money the parties re- candidate running for federal office, easily ucts Liability bill. Since that bill’s demise, ceived. It has been disclosed for years. totaling hundreds of thousands of dollars in the trial bar has been rewarded handsomely: But for some reason, the reformers be- cash each election cycle. The total of the top 10 jury verdicts in- lieve a system of raising undisclosed ‘‘They have a big pot of money to use and creased twelvefold from 1997 to 1999. soft money for outside groups is better; make political contributions and as long as Because legal reform could help curb the it is better to allow Members of Con- they distribute it on a per candidate or per ‘‘lawyer tax’’ that increases the cost of con- gress to raise undisclosed soft money committee basis within the limits, there is sumer goods and services by $4,800 annually for outside groups than to allow Mem- no cap on how much they can spend so they for a family of four and degrades the value of are in a good position,’’ Gross said. investments, the public has a lot at stake in bers of Congress to raise disclosed soft And give they do. During the 1994 election this battle. money for political parties. If you can cycle, Indian gaming groups gave more than Today, personal injury lawyers already are make any sense of that, give me a ring $600,000 to federal candidates and political on top of the world. Freshly infused with the sometime. parties. In 1996, they gave close to $2 million expectation of billions in fees from tobacco
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2128 CONGRESSIONAL RECORD — SENATE March 20, 2002 litigation, they are investing heavily in Sen- ficeholders, and citizens groups to civil happens to overlap with the Member’s ate elections to build a barrier against any and criminal liability for innocuous— policy agenda. future legal reforms. If lawyers were ranked and, indeed, necessary—contacts, the I ask unanimous consent that letters among industries, they would be No. 1 on the ‘‘coordination’’ provisions in Shays- from the National Right to Life, the list of donors to political campaigns. Accord- ing to the Center for Responsive Politics, Meehan do great damage to the con- NRA, the American Civil Liberties lawyers contributed more than $110 million stitutionally protected right of Ameri- Union, and the NAACP opposing the in the 2000 election cycle, $77 million of cans to petition their Government for coordination provisions in Shays-Mee- which went to Democrats. Members of the the redress of grievances. han be printed in the RECORD. Association of Trial Lawyers of America The Shays-Meehan coordination pro- There being no objection, the letters alone gave $3.6 million to federal campaigns visions repeal existing FEC regulations were ordered to be printed in the over the same period. on coordination, and they direct the RECORD, as follows: The battle over legal reform takes place on agency—they order the agency—to pro- many fronts, from electing or selecting re- NATIONAL RIGHT TO LIFE COMMITTEE form-minded officials, to educating the pub- mulgate new ones. In doing so, the bill AND NATIONAL RIFLE ASSOCIATION, lic about the need for reform, to engaging in ties the FEC’s hands by specifically March 19, 2002. grass-roots and legislative lobbying and, ul- prohibiting the FEC from issuing regu- Re Coordination Minefield in Section 214 of timately, to enacting reform legislation. To lations that require ‘‘agreement’’ or H.R. 2356. be sure, personal injury lawyers and Amer- ‘‘formal collaboration’’ before sub- Senator MITCH MCCONNELL, ican businesses both engage in these activi- jecting a candidate, officeholder, or Ranking Minority Member, Committee on Rules ties. Unfortunately for the public, Shays- citizens group to civil or criminal li- and Administration, U.S. Senate, Wash- ington, DC. Meehan/McCain-Feingold would hobble ability for a ‘‘coordinated communica- American businesses involved in this debate DEAR SENATOR MCCONNELL: Under current while leaving trial lawyers armed to the tion.’’ law, no relationship of ‘‘coordination’’ exists teeth. Let’s sum it up. In other words, Con- unless there is an actual prior communica- For instance, the legislation would impose gress is prohibiting the FEC from tion about a specific expenditure for a spe- a gag rule, prohibiting corporations from drafting coordination regulations that cific project which results in the expenditure running broadcast issue ads that even men- meet the constitutional requirement of being under the direction or control of a can- tion the name of a candidate for a 60-day being neither vague nor overly broad. didate, or which causes the expenditure to be blackout period before a general election and We have, by this act, given instruc- made based upon information provided by 30 days before a primary. Personal injury tions to the Federal Election Commis- the candidate about the candidate’s needs or lawyers would face no such obstacle. plans. Shays-Meehan/McCain-Feingold contains sion that they cannot draft regulations However, Section 214 of the Shays-Meehan other booby traps that could confound busi- that meet a constitutional requirement bill (H.R. 2356), in the form passed by the ness efforts to inspire needed reforms to our of being neither vague nor overly House on February 14, 2002, would obliterate legal system. A gag rule, for example, would broad. This bill seeks to shut down the that clear rule, and replace it with a new bar corporations from running ads that sim- process of interacting with constitu- standard for ‘‘coordination’’ that would ply ask viewers to ‘‘Call Senator Jones and ents. place incumbent lawmakers, advocacy urge him to support legal reform bill X.’’ Citizens groups and candidates will groups, and unions at great legal risk for en- During the blackout period, corporations be subject to prosecution if the Govern- gaging in cooperative or parallel activities in support of common legislative goals—or would even be prohibited from running ads ment deems an otherwise lawful ‘‘issue that name the principal sponsors of this bill. even merely for transmitting information Undoubtedly these are unintended con- communication’’ to be a prohibited about an incumbent lawmaker’s position on sequences of Shays-Meehan/McCain-Fein- corporate contribution simply because public polity issues. gold. The fact is that the courts are more so- groups have met with candidates or of- Section 214 of the bill explicitly nullifies licitous of the free speech rights of individ- ficeholders about public policy issues the current Federal Election Commission uals than corporations. Although some cam- and then run ads on those issues. (FEC) regulations governing ‘‘coordination.’’ paign reform advocates have expressed dis- For example, if a Member meets with The bill commands the FEC to develop new dain for the greedy plaintiffs’ bar and sup- a group about legislation that both the regulations that ‘‘shall not require agreement ported legal reform, the campaign finance Member and the group support, and the or formal collaboration to establish coordina- bills would give more power to personal in- tion.’’ [emphasis added] The bill goes on to jury lawyers while crippling the business group then runs ads promoting that dictate a number of issues that must be ad- community’s efforts to restore sanity to our legislation or those policies, someone— dressed in new regulations. civil justice system. Any congressional sup- anyone—could then file a complaint ‘‘SUBSTANTIAL DISCUSSION’’ TRAP porters of common-sense legal reform should charging that the Member and the Section 214 requires new ‘‘coordination’’ be wary of a bill that could significantly em- group ‘‘coordinated’’ the communica- regulations that must, among other things, power the plaintiffs’ trial bar to block these tion. address ‘‘payments for communications needed reforms. Because Shays-Meehan bars the FEC made by a person after substantial discussion Mr. MCCONNELL. Let’s take a look from requiring that there be an agree- about the communication with a can- at a specific provision of this bill. The ment or formal collaboration to estab- didate. . .’’ [emphasis added] provision on ‘‘coordination.’’ lish that the ad was coordinated, a Many groups submit questionnaires to In addition to protecting the Amer- group and a candidate can be liable for members of Congress and other ‘‘can- ican people’s right to free speech and receiving and making, respectively, didates,’’ some of them covering many dif- association, the first amendment pro- ferent specific issues. Other groups use prohibited contributions. It will not standardized forms by which a candidate can tects the rights of Americans to peti- matter that the Member disagrees with ‘‘pledge’’ to endorse a certain legislative ini- tion their Government for redress of the ad or even that he did not know tiative—for example, the balanced budget grievances. This right is essential to anything about it. It won’t make a bit amendment, or the Equal Rights Amend- our representative democracy. of difference. ment, or ‘‘a ban on soft money.’’ These writ- We meet with constituents and with Instead of requiring an actual agree- ten inquiries are often accompanied by writ- citizens groups—who in this debate are ment or formal collaboration before li- ten or verbal communications intended to simply referred to as ‘‘special inter- ability can be established, Shays-Mee- convey why the position(s) advocated by the ests’’—to help determine how best to group are good public policy, worthy of the han allows the Government to use sim- support of a lawmaker or would-be law- effectuate the wishes of the American ple presumptions to show ‘‘coordina- maker. But even completing the question- people. We meet with these folks every tion’’ when, in fact, it may not exist. naire or pledge alone could be sufficient to day. Our meetings with fellow Ameri- Citizens groups, both on the left and constitute ‘‘substantial communication,’’ cans is thus one of the most important on the right, oppose Shays-Meehan’s since the lawmaker presumably returns the things that occurs in the democratic coordination provisions. These groups document to the group with the clear under- process. recognize they will face intrusive and standing that the group intends to convey The Shays-Meehan ‘‘coordination’’ costly investigations, prosecution, his or her position to members of the public. provision affects our ability to meet civil fines, and penalties, and even If the group does so by means that cost money, the group may soon be the target of with constituents and citizen groups. criminal liability—even criminal li- a complaint that it made an illegal cam- There is a danger posed by an ability—simply because they meet with paign ‘‘contribution,’’ due to the ‘‘coordina- overbroad coordination standard in Members and candidates about issues tion’’ that occurred between the lawmaker this bill. By subjecting candidates, of- and then promote a policy agenda that and the group. Moreover, as explained below,
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2129 if the group’s spending constituted an illegal than $5,000 on any activities in support of the candidate . . .’’ We think that these vaguely corporate ‘‘contribution,’’ then the member lawmaker (or in opposition to his oppo- worded directives concerning our activities of Congress has also ‘‘received’’ an illegal nent)—even without any prior knowledge or could cause legal nightmares for our groups corporate contribution (and, no doubt, com- involvement by the candidate—then those and the candidates with whom they work. mitted another violation by failing to report contributions also would also be regarded as The ACLU and the NAACP often meet with this ‘‘contribution’’). Such a complaint may illegal ‘‘contributions.’’ This is because once members of Congress to learn about their po- well do the incumbent lawmaker both legal the parent corporation or union is deemed to sitions on issues. After those meetings we harm and political harm, even though he did have become ‘‘coordinated’’ in any of the sometimes decide to assist them (or lobby no more than convey his position(s) to a ways outlined above, its connected PAC also against them) on their legislative initia- group of interested citizens. becomes ‘‘coordinated’’ and thus loses its tives. After these conversations our groups Here is another example of ‘‘substantial legal right to make independent expendi- may decide to convey the substance of these discussion’’ that could lead to legal difficul- tures in excess of $5,000 to support or oppose meetings through mass communications ties for a group (and for an incumbent law- any candidate—and the candidate is guilty of such as full page advertisements in news- maker). Early in a congressional session, ‘‘receiving’’ an illegal contribution if the papers, mass mailings, radio ads and the representatives of six groups met with Sen- PAC makes such expenditures. like. If we spend money to engage in these ator Doe to discuss what language they, and Consequently, a Member of Congress could communications, we could be the target of a he, will use to collectively promote Doe’s easily become guilty of violating federal complaint accusing us that we made an ille- landmark bill to ban widgets. The six groups election law if he unknowingly becomes ‘‘co- gal campaign ‘‘contribution’’ due to the ‘‘co- then spend money to communicate with the ordinated’’ with a group, and the group’s ordination’’ that occurred between the law- public, including Senator Doe’s constituents, PAC subsequently makes expenditures over maker and our groups. Indeed we have often regarding the urgent need to enact the ‘‘Doe- $5,000 without the Member’s prior knowl- been asked by a lawmaker to mobilize our Jones Widget Ban Act.’’ The campaign man- edge, much less consent. grass roots on an amendment or bill that ager for the senator’s challenger then files a In closing, we believe that the coordina- they may be offering. This has happened nu- complaint, alleging that the groups have a tion provision (Section 214) in the Shays- merous times on issues ranging from civil ‘‘coordinated’’ relationship with Doe, and Meehan bill infringe upon our First Amend- rights laws to welfare reform. Just because therefore the expenditures promoting Doe’s ment right to free speech and right to peti- we work closely with a Senator or Rep- bill are actually ‘‘contributions’’ to Doe’s tion the government for redress of griev- resentative on a policy issue does not mean campaign. The legal consequences for the ances. Therefore, we strongly oppose this that we are secretly trying to endorse a par- groups could be grave, because ‘‘contribu- provision. ticular candidate for re-election. But the tions’’ by incorporated groups and unions Respectfully, new Section 214 provisions of Shays-Meehan have long been illegal. DAVID N. O’STEEN, will make our activities suspect and prone to But the consequences for the incumbent Executive Director, investigation and perhaps sanctions by the lawmaker could be equally grave, because if National Right to FEC. the groups’ expenditures to promote his bill Life Committee. Candidates are also very much at risk as a are deemed to be ‘‘contributions,’’ then he CHARLES H. CUNNINGHAM, result of the new coordination language. If also has violated three provisions of law: (1) Director, Federal Af- the FEC deems that our groups’ issue com- he has received illegal ‘‘contributions’’ from fairs, National Rifle munications really amount to an illegal con- corporations or unions; (2) he has received Association. tribution to a candidate, then the candidate ‘‘contributions’’ in excess of the $2,000 limit; can be fined by the FEC for accepting an ‘‘il- and (3) he has failed to report the ‘’contribu- AMERICAN CIVIL LIBERTIES UNION legal’’ contribution. tions’’ that he received from the groups. AND NATIONAL ASSOCIATION FOR Without completely eliminating this provi- ‘‘COMMON VENDORS’’ TRAP THE ADVANCEMENT OF COLORED sion, we hope that you will make adjust- The bill also commands that the FEC’s PEOPLE, ments in the language of this statute before new regulations must address ‘‘payments for Washington, DC, February 27, 2002. the Senate takes up the bill later this week. the use of a common vendor.’’ This provision Senator RUSS FEINGOLD, The coordination provisions should not be so is a license for regulations under which both Hart Senate Office Building, vague that they lead to the regulation of members of Congress and groups would be at Washington, DC. communications that are constitutionally DEAR SENATOR FEINGOLD: At your earliest constant risk of entering into a ‘‘coordina- protected and are not designed to support or convenience we would like to meet with you tion’’ relationship merely because they both oppose a candidate for federal elective office. and your staff to discuss the coordination purchase services from the same pollster, ad Thank you for your consideration of this provisions of the House-passed version of the agency, or other ‘‘common vendor.’’ Under urgent request. Shays-Meehan bill (H.R. 2356) that the Sen- such a regulation, a group can establish ‘‘co- Sincerely, ate may soon take up. ordination’’ with a member of Congress with- LAURA W. MURPHY, We believe that Section 214 (provisions on Director, ACLU. out the lawmaker being able to prevent it, or coordination) will have a chilling effect on even knowing about it until after the fact. HILLARY SHELTON, our ability to communicate with Members of Director, NAACP. On the other hand, a member of Congress Congress and our constituencies about im- could unilaterally make it more difficult for portant issues that arise in the legislative Mr. MCCONNELL. I urge these numerous groups of their right to express context. Because the provisions are so vague- groups and others who are concerned themselves about his record, merely by mak- ly worded, we also think that the Federal about their ability to continue to pro- ing purchases from the leading vendor or Election Commission (FEC) will have the mote issues to join me in challenging vendors of certain services (e.g., mailing ability to subject groups to unwarranted in- the overbroad ‘‘coordination’’ provi- houses, pollsters) in a given area. vestigations to determine if our motivation The bill also requires the new regulations sions in this bill. is really to affect the outcome of legislation to address communications made by ‘‘per- The proponents of this legislation or to affect the outcome of a campaign. urge that the result I have described to sons who previously served as an employee of Shays-Meehan substantially changes cur- a candidate or a political party.’’ The bill rent law by explicitly nullifying the current you is not what they have intended. contains no time limit on the ‘‘disability’’ (and clear) FEC regulations governing ‘‘co- They have inserted into the RECORD a that would result from such prior employ- ordination.’’ Under current law, no relation- clarification of how they envision their ment. The bill’s language would permit, for ship of ‘‘coordination’’ exists unless there is coordination provisions to operate. example, the FEC to write regulations under an actual prior communication about a spe- However, neither a colloquy nor leg- which involvement in a group’s public com- cific expenditure for a specific project, which islative history can change clear statu- munications by someone who had worked for results in the expenditure being under the di- a political party years earlier would auto- tory language. If the drafters did not rection or control of a candidate. In addi- intend the troubling result I have de- matically ‘‘coordinate’’ all federal can- tion, under current law coordination exists if didates of the same political party who is the expenditure is made based upon informa- scribed, then they should have used dif- discussed in that group’s communications to tion provided by the candidate about the ferent language, or accepted my offer the public. candidate’s needs or plans. to modify the provision, which is one of POLITICAL ACTION COMMITTEES Under Section 214 of the Shays-Meehan bill the items I discussed with the Senator Above, we have described ways in which a the FEC is directed to issue regulations that from Arizona early on in our discus- member of Congress could unwittingly and cover communications we have with federal sions about the technical corrections unknowingly become ‘’coordinated’’ with an candidates. These new regulations ‘‘shall not to this bill. Instead, they insisted on incorporated group or union, and thereby be require agreement or formal collaboration to charged with receiving illegal ‘‘contribu- establish coordination.’’ Another part of Sec- directing the FEC to find ‘‘coordina- tions.’’ There is an additional consequence tion 214 states that the new FEC regulations tion,’’ when there is no agreement to once this has occurred: If the political action should address ‘‘payments for communica- coordinate. committee (PAC) connected to the ‘‘coordi- tions made by a person after substantial dis- Madam President, I ask unanimous nated’’ corporation or union expends more cussion about the communication with a consent that additional documents
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2130 CONGRESSIONAL RECORD — SENATE March 20, 2002 from individuals and groups across the Abraham spent $13 million but lost to Debbie policy advocacy groups. We have a shared be- political spectrum, which highlight the Stabenow, who spent $8 million. lief that your upcoming vote on Shays-Mee- fundamental problems with this legis- Do rich contributors control Washington? han today will create an important record of No. Sure, the wealth sometimes get under- your stand on the First Amendment rights of lation, be printed in the RECORD. served tax and regulatory breaks. But gen- issue advocacy groups in the United States. There being no objection, the mate- erally they’re fighting a rear-guard defense We urge you to oppose this legislation be- rial was ordered to be printed in the against higher taxes and more regulations. cause it contains unwarranted and unconsti- RECORD, as follows: Even after Bush’s tax cut, the wealthiest 10 tutional restrictions on our free speech [From the Washington Post, Feb. 13, 2002] percent of Americans pay roughly half of all rights. We have heard a great deal about so-called IT’S NOT REFORM, IT’S DECEPTION federal taxes. Most government benefits (for Social Security, Medicare, Medicaid, food ‘‘sham issue ads’’ and the need to regulate (By Robert J. Samuelson) stamps) go to large middle-class or poor con- such advertising. Until now in the United ‘‘Washington think’’ is less about logic stituencies. States, under our First Amendment, we have than political hustle. If you favor something, Are big campaign contributions a large had the right to express our views through you attach it to a popular cause—say, home- source of discontent? No. In a recent ABC advertising about national issues and about land security. If you oppose something, you News-Washington Post poll, respondents federal elected officials before, during and attach it to an unpopular cause—say, Enron. rated the government’s top 10 priorities. after elections. Clearly most of Congress re- Bear this in mind as the House debates the ‘‘Campaign finance’’ finished last, with 14 alizes that it would be unconstitutional to Shays-Meehan ‘‘campaign finance reform’’ percent. Last April—before terrorism and silence an individual who wants to take out bill, named after sponsors Christopher Shays the declaration of a recession—it was also broadcast advertising during this same pe- (R-Conn.) and Martin Meehan (D-Mass.). The last, with 15 percent. riod; consequently, Shays-Meehan does not Enron scandal (it’s said) demonstrates the Do restrictions on campaign contributions silence wealthy individuals. But Shays-Mee- corruptness of big political contributions curb free speech? Yes. Because modern com- han does silence groups like ours that are and the need for an overhaul. The argument, munication—TV, mailings, phone banks, collectively supported by millions of small though highly seductive, is complete make- Internet sites—requires money, limits on contributors who band together to make believe. contributions restrict communication. If their views known. Only by the lax standards of ‘‘Washington communication isn’t speech, what is it? The Proponents of Shays-Meehan argue that think’’ would anyone treat it seriously. It’s Supreme Court mistakenly blessed some their bill does not silence our groups. They all innuendo: Enron collapsed because some contribution limits in Buckley v. Valeo are wrong. Sections 201, 203, and 204 of H.R. executives behaved unethically; Enron ex- (1976) but also equated free speech with free 2356 (like its Senate counterpart) contain un- ecutives also made political contributions; spending. As long as the court maintains constitutional restrictions on broadcast, therefore, the contributions are tainted and that free speech involves free spending, put- cable and satellite issue ads. The net effect the system is rotten. In reality, Enron would ting more restrictions on contributions to of these provisions is to ban many of our na- have collapsed even if its executives hadn’t political candidates and parties is self-de- tional groups and their affiliates, and all contributed a penny. The connection be- feating. It simply encourages outside groups other 501(c)(4) advocacy corporations (but tween the bankruptcy and political giving is (unions, industry associations, environ- not PACs) from funding TV or radio ads that fictitious. Perhaps contributions bought mental groups) with their own agendas to in- even mention the name of a local member of Enron some influence in shaping the White crease campaign spending to influence elec- Congress for 30 days before a state’s congres- House’s energy plan. But given Bush admin- tions. sional primary or runoff, and for another 60 istration’s pro-market views, does anyone The true parallel between Enron and cam- days before the general election. This re- truly believe the energy plan would have paign finance is one that ‘‘reformers’’ avoid. striction applies to any ad that ‘‘can be re- been much different without Enron? Enron’s cardinal sin was deception. The com- ceived’’ by 50,000 or more ‘‘persons,’’ includ- The real lesson is that when Enron des- pany evaded clear financial reporting. Simi- ing minors, within a district—which covers perately needed help, its contributions larly, ‘‘campaign finance reform’’ fosters nearly any TV or radio ad, since few persons bought no influence at all. In the 1999–2000 continuous deceptions. Because politics re- do not possess TVs and radios. election cycle, Enron, its executives and em- quires money and is fiercely competitive, These restrictions would have widespread ployees made about $2.4 million in contribu- every new restriction on contributions in- impact on issue advocacy throughout the tions, says the Center for Responsive Poli- spires ways around the limits—evasions even number years in particular. For exam- tics. Republicans got 72 percent, Democrats that, though legal, are denounced as ple, even today (February 13, 2002) if the bill 28 percent. That’s a lot of money—but not ‘‘abuses.’’ Why should writing laws that pre- were law, groups such as Common Cause and compared with total contributions. In the dictably invite evasion be considered a good Campaign for America would be banned from 2000 election, all House and Senate can- or moral act? running a TV or radio ad today in California didates raised more than $1 billion. Bush and If Shays-Meehan becomes law, the cycle (March 5th primary) or Texas (March 12th Gore raised $193.1 million and $132.8 million. will continue. It bars most ‘‘soft money’’ po- primary) saying simply ‘‘Call Congressman Political parties and committees raised hun- litical contributions and restricts some Jones to urge him to vote for the Shays-Mee- dreds of millions more. ‘‘issue ads’’ before elections. The Supreme han bill.’’ In effect, groups are being cut out Even if Enron deserve help (it didn’t), few Court might toss out some or all of the new of the dialogue on major national issues. politicians would have risked public wrath limits as unconstitutional. If it doesn’t, po- The Supreme Court has repeatedly held by rushing to its aid. What this episode actu- litical operatives will skirt the restrictions. that only express advocacy, narrowly de- ally shows is that the breadth of contribu- Opinions are divided on which party might fined, can be subject to campaign finance tions insulates politicians against ‘‘undue’’ benefit. Perhaps neither. Whatever happens, controls. Shays-Meehan redefines express ad- influence by large donors. Since the early Shays-Meehan will hardly take big money vocacy in a way that covers our legitimate 1980s, the details of campaign fundraising out of politics. The only way to have true speech, which is not telling voters to vote for and spending have changed enormously. But ‘‘reform’’ without this legislated hypocrisy or against a particular candidate. If we dare the debate’s basic issues have stayed the is to amend the Constitution and place lim- applaud, criticize or even mention a can- same and can be distilled into a few ques- its on the First Amendment. Somehow a dis- didate’s name during this 30 day/60 day tions: tinction would have to be created between ‘‘blackout’’ period, we would have to create Is campaign spending too high? No. In 2000, ‘‘spending to communicate’’ and ‘‘commu- a PAC where donor names would have to be all campaigns—including state and local nicating.’’ disclosed to the FEC in a way never before elections and ballot referendums—cost about To make this case would be difficult. In upheld by the courts. $3.9 billion, according to the forthcoming this reporter’s opinion, it would also be un- We believe that no group that wants to ex- book ‘‘Financing the 2000 Election’’ from the desirable. It would stifle political competi- press its views through broadcast ads should Brookings Institution. This is less than four tion and sow resentment. But perhaps re- be forced to bear the significant and costly one-hundredths of 1 percent of our national formers can convince the American public burden of establishing a PAC just to com- income. It’s less than Americans spend annu- otherwise. If they think campaign money is ment during this period. Separate account- ally on flowers ($6.6 billion in 1997). fundamentally corrupting democracy, hon- ing procedures, new legal compliance costs Do contributions systematically favor one esty compels them to take the amendment and separate administrative processes would party over another? No. Since the early route. Until they acknowledge that, they be imposed on these groups—a high price to 1980s, politics has become more—not less— will be guilty of the same sins as Enron’s ex- exercise their First Amendment rights to competitive. The closeness of the Bush-Gore ecutives. They will be describing the world merely mention a candidate’s name or com- election and the present congressional split as they wish it to be seen, not as it actually ment on candidate records. Moreover, having (Republican House, Democratic Senate) at- is. Here lies the geninue Enron analogy. a PAC would by definition make the organi- test to that. Candidates need to raise a zation a participant in partisan politics. threshold of contributions to campaign effec- AMERICAN CIVIL LIBERTIES UNION, Rather than risk violating this new require- tively. But more money doesn’t guarantee Washington, DC, February 13, 2002. ment, absorbing the cost of compliance or victory. The Brookings book cites many DEAR REPRESENTATIVE: We, the under- being forced to take partisan stands during cases where poorer candidates won. In Michi- signed organizations and individuals, rep- elections, it is very likely that some groups gan, incumbent Republican Sen. Spencer resent a diverse array of non-profit public will remain silent.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2131 It is clear that the intent and net effect of unconstitutionally value and over-broad tions on corporate and union contributions Shays-Meehan is to shut down legitimate, manner. The Supreme Court has held that to parties not only trample the First Amend- constitutionally protected issue advocacy. only express advocacy, narrowly defined, can ment rights of parties and their supporters Are you voting to do this to groups who rep- be subject to campaign finance controls. The in a manner well beyond any compelling gov- resent millions of Americans? We urge you key to the existing definition of express ad- ernmental interest but they also dry up to reject this approach. Please vote against vocacy is the inclusion of an explicit direc- funds that expand political participation. Shays-Meehan. tive to vote for or vote against a candidate. Further, Shays-Meehan would ban all con- Sincerely, Minus the explicit directive or so-called tributions from parties to non-profit organi- Laura W. Murphy, Director, ACLU Wash- ‘‘bright-line’’ test, the Federal Election zations. Political parties frequently give ington Office; Joel Gora, ACLU Campaign Fi- Commission (FEC) will decide what con- money to non-profit groups to facilitate nance Counsel, Professor of Law, Brooklyn stitutes express advocacy. Few non-profit voter registration and issue-based voter mo- Law School; David N. O’Steen, Executive Di- issue groups will want to risk their tax sta- bilization efforts. These restrictions threat- rector, Douglas Johnson, Legislative Direc- tus or incur legal expenses to engage in en the very survival of non-profit organiza- tor, National Right to Life Committee; Greg- speech that could be interpreted by the FEC tions that exist for these purposes, and will ory S. Casey, President & CEO, BIPAC (Busi- to have an influence on the outcome of an likely further suppress voter turnout by stu- ness Industry Political Action Committee of election. dent and minority groups. Political parties America); R. Bruce Josten, Executive Vice A black-out on broadcast, cable and sat- are the mainstay of our democracy and they President, U.S. Chamber of Commerce; ellite issue advertising before primary and require funds for their electoral and issue ad- Charles H. Cunningham, Director, Federal general elections. The bill’s statutory limi- vocacy activity. Any concern with large con- Affairs, National Rifle Association Institute tations on issue advocacy would force groups tributions to political parties may be ad- for Legislative Action. that now engage in issue advocacy—includ- dressed through the less drastic alternative ing non-profit corporations known as of disclosure. AMERICAN CIVIL LIBERTIES UNION, 501(c)(4)s—to create new institutional enti- 5. Shays-Meehan does not do anything to Washington, DC, February 12, 2002. ties in order to ‘‘legally’’ speak within 30 ‘‘Big Money’’ in politics except push money DEAR REPRESENTATIVE: On behalf of the days before a congressional primary or run- into other forms of speech that are beyond American Civil Liberties Union we are writ- off and 60 days before a general election. the reach of the campaign finance laws. ing to express our opposition to the Shays- This restriction applies to any ad that ‘‘can The Shays-Meehan bill contains misguided Meeham bill, the Bipartisan Campaign Re- be received’’ by 50,000 or more ‘‘persons,’’ in- and unconstitutional restrictions on issue form Act of 2001, H.R. 2356 as originally in- cluding minors, within a district—which cov- group speech and, as a consequence, further troduced and in its subsequent permutations. ers almost all TV or radio ads, since few per- empowers the media to influence the out- Shays-Meehan (in all its various sons do not possess TVs and radios. If a come of elections. None of the proposals seek iterations) would: group wanted to take out a broadcast, cable to regulate the ability of the media—print, Unconstitutionally restrict robust polit- or satellite ad during this period they would electronic, broadcast or cable—to exercise ical speech by average citizens prior to fed- have to create a PAC where donors would its enormous power to direct news coverage eral elections (issue advocacy restrictions). have to be disclosed to the FEC in a way and editorialize in favor or against can- Place restrictions on soft money contribu- never before sustained by the courts. The op- didates. This would be clearly unconstitu- tions that support issue advocacy activities portunities that donors now have to con- tional. However, if the sponsors of Shays- (partial bans on soft money). tribute anonymously (a real concern when a Meehan have their way, the only entities Create draconian penalties for non-par- cause is unpopular or divisive—see NAACP v. that would be free to comment in any sig- tisan interactions between groups and fed- Alabama) would be eliminated. nificant way on candidates’ records would be eral candidates (so-called coordination). Being forced to establish a PAC as a condi- the media, wealthy individuals, PACs and Shays-Meehan penalizes people of mod- tion of commenting on campaign issues the candidates themselves. Corporations and erate means who want to band together to could entail a significant and costly burden unions need only to purchase media outlet if make their voices heard throughout the for many non-profit organizations. Separate they want to have influence over can- year, before during and after federal elec- accounting procedures, new legal compliance didates—their wealth and influence will not tions. These bills protect incumbents, costs and separate administrative processes be abated by these so-called ‘‘reforms.’’ Why, wealthy individuals, PACs and the press. We would be imposed on these groups—a high then, does Shays-Meehan attack, burden and have enclosed a fact sheet that presents our price to exercise their First Amendment seek to effectively eliminate only citizen objections to Shays-Meehan in more detail. rights to comment on candidate records. group advocacy? We urge all members of Congress to vote Moreover, forcing an organization to take a 6. Shays-Meehan makes it harder for eth- against this legislation. partisan position is antithetical to the mis- nic and racial minority, women and non- Sincerely, sion of groups like the ACLU that are fierce- mainstream voices to be heard prior to an LAURA W. MURPHY. ly non-partisan. It is very likely that some election. groups will remain silent rather than risk What would happen, for example, if a can- AMERICAN CIVIL LIBERTIES UNION, violating this new requirement or absorbing didate runs racist, sexist or homophobic ads Washington, DC. the cost of compliance. The only individuals during the last days of an election and inter- ACLU CAMPAIGN FINANCE REFORM FACT and groups that will be able to characterize est groups like the NAACP, NOW or the Na- SHEET a candidate’s record on radio and TV during tional Gay and Lesbian Task Force wanted WHY SHOULD MEMBERS OF CONGRESS VOTE this 60 day period will be the candidates, to criticize that candidate by name? Unless AGAINST H.R. 2356, THE SHAYS-MEEHAN BILL? wealthy individuals, PACs and the media. they undertook the complicated process of 1. Shays/Meehan is patently unconstitu- Further, members of congress need only wait forming a PAC, they would risk violating the tional. until days before a primary or general elec- issue ad restriction in HR 2356 (the Shays- The American Civil Liberties Union be- tion (as they often do now) to vote for legis- Meehan bill). Any broadcast ads decrying the lieves that key elements of Shays-Meehan lation or engage in controversial behavior so candidates behavior that uses the name or violate the First Amendment right to free that their actions are beyond the reach of likeness of a candidates 30 days before a pri- speech because the legislation contains pro- public comment and, therefore, effectively mary or 60 days prior to a general election— visions that would: immune from citizen criticism. even ads that do not endorse or oppose the Violate the constitutionally protected 3. Shays-Meehan redefines ‘‘coordination candidates—would have to be funded through right of the people to express their opinions with a candidate’’ so that heretofore legal new disclosed dollars only, not existing non- about issues through broadcast advertising if and constitutionally protected activities of profit funds. Further, the Shays-Meehan re- they mention the name of a candidate. issue advocacy groups would become illegal. strictions on soft money would dry up dol- Restrict soft money contributions and uses If the ACLU decided to place an ad lars that parties need to conduct voter reg- of soft money for no constitutionally justifi- lauding—by name—Representatives or Sen- istration and education, issue and platform able reason. ators for their effective advocacy of con- development and the like. Chill free expression by redefining it as stitutional campaign finance reform, that ad 7. It creates a ‘‘Big Brother’’ governmental ‘‘coordination’’ through burdensome report- would be counted as express advocacy on be- regime for political speech. ing requirements and greatly expanded FEC half of the named Congresspersons and, This bill would permit the creation of a investigative and enforcement authority. therefore, would be prohibited if the ACLU huge Federal Elections Commission appa- H.R. 2356 would burden and abridge the had prior discussions with that member ratus that would be in the full-time business very speech that the First Amendment was about those issues. An expanded definition of of determining which communications are designed to protect: political speech. coordination is disruptive of proper issue considered unlawful ‘‘electioneering’’ by citi- 2. Shays-Meehan would have a chilling ef- group-candidate discussion. zens and non-profit groups. None of the fect on issue advocacy speech that is essen- 4. Shays-Meehan would impermissibly major proposals have funds to train or de- tial in a democracy. H.R. 2356 contains the limit soft money. fend citizens or interest groups under the harshest and most unconstitutional controls Unprecedented restrictions on soft money proposed new regulatory regime. Yet the on issue advocacy groups. The bill contains: would make national parties less able to sup- Shays-Meehan legislation contains harsh A virtual ban on issue advocacy achieved port grassroots activity, candidate recruit- penalties for failure to comply with the new through redefining express advocacy in an ment and get-out-the-vote efforts. Restric- laws.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2132 CONGRESSIONAL RECORD — SENATE March 20, 2002 8. How does the Shays-Meehan bill com- Somerville, was with me in 1994 when Madam President, first and foremost pare to the Ney/Wynn bill, H.R. 2360? we had the last all-night filibuster in I congratulate the Senator from Ken- The Ney/Wynn bill is far less constitu- the Senate. It was on this issue. That tucky. He is truly a lawyer for the first tionally flawed than Shays/Meehan in that it was a time when we really did get out amendment and for the Constitution of regulates issue advocacy and soft money less restrictively. But Ney/Wynn is still problem- the cots because we really meant to the United States. I listened to most of atic legislation in that it imposes unwar- use them, not just to have a photo op. his remarks. They are about as thor- ranted regulation of issue advocacy thought Hunter Bates, my former Chief of Staff ough a discourse on this issue as I have registration, reporting and disclosure. It cre- and the former Chief Counsel of the heard. There is not much for me to add, ates a kind of ‘‘Free Speech Registry’’ for Rules Committee, has been a tower of but I will make a couple of comments any organized criticism of incumbent politi- strength on this issue and will still be, about what I think we are doing today cians. A group would still have to register hopefully, involved in our effort as we and the impact it is going to have on with the FEC if it sends written, Internet go forward in the courts. Brian Lewis, the political system. and broadcast communications. These very same kinds of regulations have been struck my Chief Counsel at the Rules Com- Assuming this is all held to be con- down by the federal courts (See United mittee, has been an invaluable member stitutional—and I agree with my col- States v. National Committee for Impeach- of this team. He is a very skillful law- league from Kentucky, I have grave ment, 469 F.2d 1135 (2d Cir. N.Y. 1972) and yer, with a good political sense as well. doubts whether that will be the case, American Civil Liberties Union v. Jennings, He also has been deeply involved in the but assuming it will all be held con- 366 F. Supp. 1041 (D.D.C. 1973)). The Ney/ election reform issue, which Senator stitutional, this will do several things. Wynn bill would adversely affect issue group DODD and I hope to move in the coming No. 1, I got to the Senate and the publications such as an ACLU Civil Liberties weeks. Leon Sequeira, my Counsel at House of Representatives as a chal- Voting Index unless it was communicated lenger. I came out of nowhere in al- only internally to members). Such a commu- the Rules Committee who works with nication would be subject to onerous and Brian, is sitting to my right. He is also most both those situations. I did it the burdensome regulations. Although both bills a valuable member of our team and a hard way. I had support basically from embody the flawed limit-driven approach to terrific lawyer who has made impor- only one special interest group: the Re- political speech, the Shays/Meehan bill is far tant contributions to this debate. publican Party. That was it. more constitutionally onerous. John Abegg, my Counsel in my per- In my first race for Congress, I was Shays-Meehan is unconstitutional, unwise sonal office, is another bright lawyer, outspent 31⁄2 to 1. I think I got $10,000 in and ineffective legislation. The ACLU urges well steeped in the first amendment, PAC contributions. I was a nobody. I Representatives to vote against H.R. 2356. who has made an important contribu- was a guy who was knocking on doors. Mr. MCCONNELL. Although this leg- tion. The Republican Party said: We will islation will pass today, I am confident Chris Moore and Hugh Farrish of the help him a little bit; we will get the the Supreme Court will step in to de- Rules Committee staff have also been folks organized to help out. And they fend the Constitution. helpful to me in this effort. gave me a little money. Guys like me I commend the proponents of this bill I say to all my staff who have worked are going to have a lot harder time get- for acknowledging the serious constitu- on this issue, you make me look a lot ting to the Senate or the House of Rep- tional questions that are wrapped up in better than I deserve, and I thank you resentatives. None of the special inter- this legislation and for providing an ex- so much for your outstanding work, est groups was fighting for me because pedited route to the Supreme Court for not just for me but for the principles they did not think I had a chance. an answer to these questions. I am con- involved in this important debate. They are going to be the ones to hold soled by the obvious fact that the In conclusion, this may be the end of the power now. courts do not defer to the Congress on the legislative chapter of this bill, but Political parties are not going to matters of the Constitution, and they a new and exciting phase lies ahead as have the resources to support chal- should not. we go to court to seek to uphold the lengers. I heard this comment among Today is a sad day for our Constitu- Constitution and protect the rights of my colleagues over and over—it is this tion, a sad day for our democracy, and individuals, parties and outside groups frustration level, and I do not mean to for our political parties. We are all now to comment and engage in political point fingers and I will not, but I hear complicit in a dramatic transfer of discourse in our country. this frustrating comment from my col- power from challenger-friendly, cit- Madam President, how much time do leagues who support this bill: I am sick izen-action groups known as political I have remaining? and tired of all these people playing parties to outside special interest The PRESIDING OFFICER (Ms. LAN- around in my election. I am tired of all groups, wealthy individuals, and cor- DRIEU). The Senator has 181⁄2 minutes. these outside groups running ads in my porations that own newspapers. Mr. MCCONNELL. I reserve the re- election. After a decade of making my con- mainder of my time. Well, excuse me. Excuse me. Gee, I stitutional arguments to this body, I The PRESIDING OFFICER. Who did not realize when I ran for office am eager to become the lead plaintiff yields time? that this was my election. You see, I in this case and take my argument to Mr. MCCONNELL. Madam President, thought this was an election for the the branch of Government charged I ask that the time be charged to both Senate or, before that, for the Con- with the critical task of interpreting sides during the quorum call, and I sug- gress. I certainly did not believe I had our Constitution. gest the absence of a quorum. ownership of this election. But I will Today is not a moment of great cour- The PRESIDING OFFICER. Without tell you, in private meetings, over and age for the legislative branch. We have objection, it is so ordered. The clerk over I hear this comment: I am sick allowed a few powerful editorial pages will call the roll. and tired of all these people, all these to prod us into infringing the First The senior assistant bill clerk pro- speeches—speeches meaning ads—all Amendment rights of everybody but ceeded to call the roll. these folks attacking me in my elec- them. Fortunately, this is the very mo- Mr. MCCONNELL. Madam President, tion; I want control back over my elec- ment for which the Bill of Rights was I ask unanimous consent that the order tion. enacted. The Constitution is most pow- for the quorum call be rescinded. ‘‘My election.’’ If you do not think erful when our courage is most lacking. The PRESIDING OFFICER. Without this is an incumbent protection plan, I Madam President, I congratulate objection, it is so ordered. guarantee you have not been listening. Senator MCCAIN and Senator FEINGOLD Mr. MCCONNELL. Madam President, This is all about protecting incum- for their long quest on behalf of this the Senator from Pennsylvania wishes bents. Do my colleagues think we are legislation and also Congressmen to address this issue. I yield him 10 going to pass something which helps SHAYS and MEEHAN. minutes if he needs it. If he does not, folks who run against us? How many I particularly thank my devoted we will reserve the remainder of the folks are going to say: I like being staff, who have been deeply involved in time. here, but I want to give the guy who this issue—some of them going back to The PRESIDING OFFICER. The Sen- takes me on a better shot at me? I can the late 1980s. The Minority Staff Di- ator from Pennsylvania. guarantee if my colleagues read this rector of the Rules Committee, Tam Mr. SANTORUM. I thank the Chair. bill, there is no way they can see that.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2133 All you bothersome people out there you have a lot of money or you happen Ms. COLLINS. Thank you, Madam in America who believe you have some to be in here—I got mine, too bad President. right to participate in my election, it about you—you are going to be OK in Today we stand on the threshold of keeps you at home. You just stay this legislation. an accomplishment that for many home. Leave me alone 60 days before I do not know that I would nec- years had seemed unachievable. We are my election so I can do what I want to essarily wave the banner of reform and here because of the tenacious leader- do and tell the people what I want to say that is the end result of this proc- ship, advocacy, and courage of Sen- tell them. ess. ators JOHN MCCAIN and RUSS FEINGOLD. That is the first thing this does—it Who else is going to benefit? Senator How well I remember, after being elect- shuts you up because—you know MCCONNELL mentioned this, too. The ed in 1996 and sworn in in early 1997, what?—you are an annoyance. You greatest beneficiaries are the folks who Senator FEINGOLD coming and meeting guys go out there and say things I do do not have to shut up 60 days before with me. He had with him a pile of pa- not like, I do not agree with, and it the election. The greatest beneficiaries pers, everything I had ever said on the may not be true, so we are just going are candidates and the media. The issue of campaign finance reform. So to shut you up. That is the first thing media is a huge winner. he knew well I had pledged to the peo- this bill does. All of you, Americans, unless you ple of Maine my determination to re- The second thing this bill does is it have a newspaper or a radio station or form our campaign finance laws. destroys political parties. One of the a television station, have to sit on the We talked, and I said to him: This great things about this country is that sidelines when people begin to focus on sounds very good. How many other Re- we have had a stable two-party system. elections 60 days before. Not the media. publicans do you have on this bill? Travel around the world and look at If all of you are quieter, their voice He paused and he said: You mean other democracies and see fragmented naturally becomes louder because it is other than JOHN MCCAIN? governments, all these very narrow the only voice out there other than the I said: Yes. parties. We do not have that in Amer- candidate. Of course, those supporting He said: Well, there is FRED THOMP- ica. We have two very broad main- this measure want to shut you up any- SON. stream parties. People say that does way. I was delighted to sign on as the not leave room for dramatic advances So we now have a system where can- third Republican to support the in ideological thought at one end of the didates and the media become the dom- McCain-Feingold bill. I wish to pay spectrum or the other end. That may inant voices in our political structure, tribute to my friend RUSS FEINGOLD for be true, but it has served this country and the average American is shut out. his persistence, for his attention to de- pretty well. And this is reform. tail, and for never giving up the fight. What we are doing with this bill is I argue that what we are doing is a He and Senator MCCAIN are true he- shifting power from those broad, main- direct assault on the first amendment. roes. stream parties that support people not If one has any doubts about that, in the It is wonderful to be here today. The because of any litmus test on the Senate, at least the last two times that growth and support for campaign fi- issues, but support them because they I recall that we debated this issue, nance reform among members of my run under the broad banner of center or there was an amendment offered to party underscores the importance of right of center if you are Republican, McCain-Feingold to amend the Con- the legislation and the increasing real- or center or left of center if you are a stitution to allow these provisions to ization that our campaign system was Democrat. We are now going to replace be constitutional. Think about this. In out of control. My home State of Maine that with very highly specialized inter- the Senate, there was an amendment has a deep commitment to preserving ests that I believe in the end will begin offered to, in essence, amend the first the integrity of the electoral process, to develop parties, although not in a amendment of the Constitution so this to opening the doors to public office to formal sense, but begin running can- bill would be seen constitutionally. many more citizens, and to ensuring didates because of their ability to fun- Over a third of the Senate voted to that all Mainers, indeed all Americans, nel undisclosed money to those can- limit political speech in the Constitu- have an equal political voice. didates. We will begin to see more tion, which brings me to the point I In many communities in Maine, this fringe players on the horizon. We may have made many times. I guarantee if is the season for town meetings, town even see many elected. we had a vote right now on the first 10 meetings in which all citizens are in- If we look again at Europe and other amendments to the Constitution, the vited to debate the issues with their places, other democracies, in many Bill of Rights, in the Senate they neighbors and to make decisions. This cases these fringe or extreme parties would not pass, because we know bet- is unvarnished, direct democracy. It is tend to hold the balance of power. It is ter. We want to keep this power with a tradition where those who have more not a very constructive thing at all for us, not the people. money do not speak any louder or have this country. Those first 10 amendments were any more clout than those who have I do not know what possesses some- there to protect you, Mr. and Mrs. less money. It is a tradition that has one to think that political parties, for America; not us, Mr. and Mrs. Senator. made Maine a State that values polit- all their good or all their bad, are The PRESIDING OFFICER. The Sen- ical participation from all of its citi- somehow negative for this country; ator’s time has expired. zens. that having political parties sup- Mr. SANTORUM. I yield the floor. Maine’s tradition of town meetings porting their candidates is somehow The PRESIDING OFFICER. The Sen- and equal participation rejects the no- bad, is somehow destructive to our po- ator from Wisconsin. tion that wealth dictates political dis- litical process when, in fact, it is just Mr. FEINGOLD. How much time do course. Maine’s citizens feel strongly the opposite. Political parties protect we have remaining? about reforming the campaign finance us from extremism by their support of The PRESIDING OFFICER. Sixty- system, as do I. more mainstream ideas. one minutes. Soft money has become the conduit So this bill destroys, in most re- Mr. FEINGOLD. I thank the Chair. through which wealthy individuals, spects, political parties and their abil- Now I am delighted to yield 5 minutes labor unions, and corporations have ity to have influence on elections. It to one of the earliest supporters of this been able to evade the campaign con- shuts up you. It shuts up you, the aver- legislation from the State, more than tribution limits, as well as the ban on age voter in America. It says you need any other State at this time in our his- direct corporate and union contribu- not participate in what we are doing. tory, that represents campaign finance tions. The problem with soft money Who is the greatest beneficiary? reform and somebody who worked was painfully evident during the 1997 Well, obviously, I mentioned before the every day for 5 or 6 years to make this hearings held by my friend and col- greatest beneficiary is the incumbent happen, the Senator from Maine, Ms. league, Senator FRED THOMPSON, before or the person with incredible deep COLLINS. the Committee on Governmental Af- pockets who can spend their money. The PRESIDING OFFICER. The Sen- fairs. We heard from individual after Those are the great beneficiaries. If ator from Maine. individual who testified about giving
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2134 CONGRESSIONAL RECORD — SENATE March 20, 2002 hundreds of thousands of dollars in these Senators, we would not be win- And before I go any further, I also order to buy access. One gave $325,000 ning this battle today. That is all there thank my good friend and colleague, to the Democratic National Committee is to it. My hat is off to the State of Senator JEFFORDS, who has been stead- in order to secure a picture with the Maine. fast and instrumental in helping to President of the United States. An- I yield 7 minutes to the senior Sen- forge the compromise language in this other was the infamous Roger Tamraz, ator from Maine. bill that has now come to be known as who testified the $300,000 he donated to Ms. SNOWE. I thank Senator FEIN- ‘‘Snowe-Jeffords.’’ I can’t tell you the gain access to the White House was not GOLD. countless hours and incredible effort he enough and that next time he was pre- Madam President, I am delighted to and his staff have put in to develop and pared to double the amount he would be here this afternoon to join my col- hone this language in consultation give. league from Maine, Senator COLLINS, in with leading reformers and constitu- According to the Congressional Re- support of this campaign finance legis- tional scholars, and I deeply appreciate search Service, soft money donations lation that clearly will be landmark his commitment to advancing the nearly doubled in the 2000 election law for campaign finance in the begin- cause of campaign finance reform. cycle, from $262 million in 1996 to $488 ning of this new century. Indeed, I have never been more opti- million in the year 2000. Other esti- Ms. SNOWE. Mr. President, I rise mistic that reform will become reality. mates set the explosion in soft money today in support of this landmark cam- The fact of the matter is, the House donations at even higher levels. paign finance reform bill that has and Senate are now both on record in Just two Presidential elections ago, passed the House of Representatives support of reform, having passed two soft money contributions totaled $86 and is before us today. That bill, the bills that achieve the same objectives million. At the same time, during this so-called ‘‘Shays-Meehan’’ bill, of and goals. And so now the time is upon period, regulated hard money dona- course is very close to the McCain- us. The time has arrived for us to lay tions, which all of us wish to encourage Feingold campaign finance reform leg- aside procedural gymnastics and put to get individuals more involved in the islation that we passed in this body away the arcane legislative amend- political process, grew by only about 10 last April. ment trees and pass this bill and send percent. As I have said before, this bill re- it to the President of the United The Federal Election Campaign Act minds me of that old Beatles song, States. of 1971 has served our country well in ‘‘The Long and Winding Road.’’ Be- Today, I want to speak to the press- many aspects, but the loopholes in the cause, for certain, the road to this day ing need for reform . . . the reasons why law have swallowed the rules them- has been marked by long stretches of this bill fits the bill . . . and why I be- selves. If left unchecked, soft money nothingness, interrupted periodically lieve in both the effectiveness and con- threatens to swamp our campaign fi- along the way by dangerous curves, stitutionality of what we are about to nance system, and that is why this leg- rock-slides, pot holes, jersey barriers, do. islation we are on the threshold of you name it. First, I do not think there can be any clearing today is so important. And while there were times it looked doubt that we have a system of financ- I am also pleased the bill includes an as though we might fly off the cliff, ing campaigns in this country that is amendment that Senator WYDEN and I never to be seen again—or that we out of control. And it is out of control offered to raise the level of discourse in might run head-long into one of the in a very literal sense because some campaign ads. Our amendment requires myriad procedural roadblocks placed critical loopholes have been exploited that candidates be clearly identified before us here we are, finally at the that takes an entire and ever-growing when they or their authorized commit- doorstep of real and meaningful cam- universe of money out from under the tees air negative advertising. When a paign finance reform for the first time umbrella and enforcement mechanisms candidate launches an ad that refers di- in a quarter century. of federal election laws and into the rectly to an opponent, whether it is a Without question, we never would realm of ‘‘anything goes.’’ high-minded discussion of policy dif- have arrived here safely if not for the Well, the ‘‘if it feels good, do it’’ ap- ferences or a vicious attack on an op- extraordinary skills of the two men at proach to financing campaigns in ponent’s character, the candidate the wheel—Senators JOHN MCCAIN and America must come to an end, because should be required to stand by his ad RUSS FEINGOLD. Their names have be- it is making a mockery of our election and not hide behind a committee that come synonymous with campaign re- laws. We’ve all heard by now the story may not include the name of the can- form, and with good reason. No one has of soft money, and what it represents didate. devoted more of themselves to this money that is raised and spent outside Our amendment requires the can- cause. No one has poured more effort, the purview of federal election law, didate to clearly identify himself or energy and innovation into bringing even though it unquestionably effects herself as the sponsor of the ad, thus about necessary changes in the way in the outcome of Federal elections. putting an end to disingenuous stealth which we finance campaigns in this That’s the fundamental reason why attack ads. country. it’s time for soft money to go. Because Finally, I pay tribute to a principled We say it all the time in this body, it’s no longer about building up the opponent of this legislation, Senator but these two truly have worked tire- parties something I have absolutely no MCCONNELL. We could not disagree lessly for the success of this legisla- problem with whatsoever. It’s about more on the substance of this issue, tion. And I can tell you I’ve been privi- money that’s being raised in unlimited but I respect his tenacity and the leged to work with them in trying to amounts from unlimited sources to strength of his convictions. forge a bill that will not only address a elect candidates for Federal office— The problems in our country cam- huge portion of the problem we face, something for which we already have paign finance system are well known. but also a bill that can pass the Con- well-established rules—rules that are Today, finally, at long last, due to Sen- gress and be signed into law. being flouted on a grand and disturbing ator RUSS FEINGOLD and Senator JOHN In that light, I also want to recognize scale. MCCAIN, we are going to make tremen- and commend Representatives SHAYS This soft money must be incredibly dous progress. I am delighted to have and MEEHAN, whose fight in the House effective in what it does, because every been part of this fight. I am so pleased reminds me of the story of Hercules’ year the parties come more and more we are on the verge of sending this battle with the Hydra—a serpent with under its spell. Just ten years ago, dur- landmark legislation to the President nine-heads, one of which was immortal. ing the Presidential election cycle of of the United States for his signature. But Hercules won out by burying that 1992, soft money accounted for just 17 Mr. FEINGOLD. Madam President, I last, immortal head just as Congress- percent of total receipts by the two thank the Senator from Maine for her men SHAYS and MEEHAN won out over major political parties. But in the last kind words and her courageous leader- the multi-faceted offensive of proce- election cycle, that number sky- ship on this issue. It is so fitting that dural hurdles and killer amendments rocketed to 40 percent. To put it an- the next speaker is the other Senator that was thrown at them. I congratu- other way, the $86.1 million in soft from Maine. Without Maine, without late them both. money raised by the two parties in 1992
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2135 increased by well over 500 percent in within the last decade. According to a American citizens would be prohibited the 2000 elections. 2001 report from the Annenberg Public from discussing on television or radio a can- And just think about this—the total Policy Center, which has been studying didate’s voting records and positions within amount of soft money raised by both this trend almost since its inception in 60 days before a general election or 30 days before a primary . . . the ’political speech po- parties in the first half of this current the 1996 election cycle, in the past lice’ would be saying that you cannot men- election cycle—$160.1 million—is more three cycles we have seen spending on tion a candidate’s name; you cannot criticize than twice the $67.4 million raised in issue ads go from about $150 million in that candidate by name . . . if you are part 1997, the first year of the most recent 1996, to about $340 million in 1998, to of a citizens group wanting to enter the po- non-presidential cycle. Even more tell- over $500 million in 2000. One hundred litical debate and engage in meaningful dis- ing is the fact that the current num- million of that was spent in the last 2 course, using the most wide-sweeping me- bers are almost 50 percent more than months alone. And there is not one dium for reaching the people which is TV, the $107.2 million raised in 1999—and dime of disclosure required on any of under this provision you cannot do that. You simply cannot enter the debate using tele- that was during a Presidential election it. vision or radio as a mode of communication. cycle, when fundraising is typically It’s time we closed this loophole. It’s higher. Where will we be in 10 years, time to remove the cloak of anonym- Mr. President, this is a gross mis- Mr. President? In 20 years? ity. Otherwise, we are saying that it characterization of Snowe-Jeffords. The amount of money is staggering. really doesn’t matter to the election Individuals are free to run ads saying But just as bad is the complete lack of process. That we should not know who whatever they want whenever they accountability assigned to it—even is behind these types of commercials want and unions, corporations and non- though it is being used to affect the that are run 60 days before the elec- profit 501(c)4 groups can simply form outcome of Federal elections. tion, 30 days before a primary, whose political action committees to which No wonder there is a strong sense donors contribute more than $1,000. We individuals voluntarily contribute up that campaigns in this country have ought to have disclosure on these ads to the amount allowed by law to run spiraled out of control. There is a where there currently is no disclosure. ads mentioning a candidate near an strong sense that elections are no And that’s what the Snowe-Jeffords election. So it absolutely can be done. longer in the hands of individual Amer- provision in this bill does, in simple, I have also heard it said that the re- icans. As the old saying goes, percep- straightforward and unambiguous sult of this provision would be essen- tion becomes nine tenths of reality. terms. tially be little or no political speech And the reality is, we have a system in Here’s how it works. First, it requires during the 60 day period before an elec- need of an overhaul. disclosure on individuals and groups tion. But that simply isn’t true. Again, That’s why one of the most critical running broadcast ads within 30 days of so-called issue ads run on television components of this bill bans soft a primary and 60 days of a general elec- and radio only, 30 days before a pri- money for the national parties. But to tion that mention the name of a Fed- mary and 60 days before a Federal elec- do that alone is simply not enough. We eral candidate and are distributed from tion, that mention a Federal can- can’t just shut off the flow of soft a broadcaster or cable or satellite serv- didate’s name, and are seen by the can- money to parties and call it a day. We ice and is received by 50,000 or more didate’s electorate, would be subject to also must close off the use of corporate persons in State or district where Sen- disclosure—and could not be funded by and union treasury money used to fund ate/House election occurs. And the dis- corporate or union general treasury ads influencing Federal elections. closure threshold is high $1,000 which funds or union dues. And this only ap- That’s the only way we can claim to incidentally is five times the contribu- plies if you run more than $10,000 of have enacted truly balanced and fair tion amounts candidates are required these kind of ads during a calendar reform. to disclose. year. So we will never effect small As far back as 1997, I worked to ad- And second, it prohibits the use of groups. dress this thorny issue—how do we en- union or corporate treasury money to The most important, bottom line sure freedom of speech while also en- pay for these ads, in keeping with long- components to this legislation are dis- suring the integrity of our election standing provisions of law. Corpora- closure, and a requirement that these laws? And what I eventually developed tions have been banned from direct in- so-called issue ads that are really cam- in partnership with Senator JEFFORDS volvement in campaigns since the Till- paign ads be funded from voluntary, in- and noted constitutional scholars is an man Act of 1907. Unions were first ad- dividual contributions just like any easily understandable, narrowly drawn, dressed in the Smith-Connally Act of other campaign ad. constitutional method of applying dis- 1943 and the prohibition was finally Let me now give you a quick example closure and restrictions on the sources made permanent in 1947 with the Taft- of exactly what kinds of ads we would of funding for electioneering ads Hartley Act. cover, and what ads wouldn’t be masquerading as so-called ‘‘issue ads.’’ And these laws have stood because touched at all. First, the electioneering What we are talking about are broad- the Court has recognized—as recently ad—it doesn’t specifically say ‘‘vote cast advertisements that are influ- as 1990 as this quote from Justice Mar- for’’ or ‘‘vote against’’ so-and-so— encing our Federal elections and, in shall in the Austin versus Michigan something that would automatically virtually every instance, are designed Chamber of Commerce decision bring it under current law. to influence our Federal elections. shows—‘‘the corrosive and distorting ‘‘We try to teach our children that Every focus group and every study effects of immense aggregations of honesty matters. Unfortunately, group that has been conducted over the wealth that are accumulated with the though, Candidate X just doesn’t get it. last few years proves this, and I’ll de- help of the corporate form, and that Candidate X urged her employer to buy tail those studies later. And yet, no have little or no correlation to the politicians and judges with money and disclosure is required and there are public’s support for the corporation’s jobs for their relatives. Candidate X ad- none of the funding source prohibitions political ideas.’’ vocates corruption . . . call Candidate that for decades have been placed on Now, the Snowe-Jeffords provision X. Tell her government shouldn’t be for other forms of campaigning. has been around for a while, and during sale. Tell her we’re better than that. Why is this so? Because they don’t that time I have heard some pretty Tell her honesty does matter.’’ contain the so-called ‘‘magic words’’ outrageous and flat-out false state- Under current law, because this ad like ‘‘vote for candidate x’’ or ‘‘vote ments made about it, and I would like doesn’t use the so-called magic words, against candidate x’’ that make a com- to take this opportunity to set the there is no disclosure required on these munication what is called ‘‘express ad- record straight on what it does and ads and there are no source prohibi- vocacy,’’ and therefore, subject to Fed- doesn’t do. Indeed, it was said on the tions whatsoever. And we’re told by eral law requiring disclosure and re- floor last March, in defense of an our opponents that we’re just supposed quiring that the ad be paid for with amendment to remove the Snowe-Jef- to throw up our hands and say, ‘‘Oh hard money. fords language from the bill an attempt well, we all know what these ads are These ads must be extraordinarily ef- that failed by a vote of 28–72 I might doing, but there’s not a thing we can do fective, because their use has exploded add that: about it.’’
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2136 CONGRESSIONAL RECORD — SENATE March 20, 2002 Now, here is a real issue ad that public details as to the nature and ad depicts or names a candidate and wouldn’t be covered at all by Snowe- source of the information they are get- how many days before an election it is Jeffords in any way, shape or form. It ting. being broadcast. There is little danger says: The fact is, any group may be enti- that a sponsor would mistakenly cen- (Woman): ‘‘We can’t pay these bills, tled to an exemption from election- sor its own protected speech out of fear John.’’ eering disclosure laws if it can dem- of prosecution under such a clear (Man): ‘‘Prices are as low as when my onstrate a reasonable probability that standard.’’ dad started farming.’’ compelled disclosure will subject it As for the issue of overbreadth—that (Woman): ‘‘It’s bad, alright.’’ members to threats or reprisals. But we’d be capturing all kinds of ads that (Man): ‘‘Farmers are suffering be- the need for these kinds of limited ex- aren’t electioneering—well, the evi- cause foreign markets have been closed ceptions don’t make the general disclo- dence belies those claims. Just con- to us and our own government won’t sure rules contained in Snowe-Jeffords sider how well this test works when even help.’’ unconstitutional. compared to what’s going on in real (Woman): ‘‘I hear the Thompsons are I want to reiterate to my colleagues life. In the final 2 months of an elec- going to have to quit farming after that the language in this bill was care- tion, 95 percent of the issue ads four generations.’’ fully and narrowly crafted in consulta- Annenberg studied in the top 75 media (Man): ‘‘I can’t even bear to think tion with noted constitutional scholars markets mentioned the names of can- about it.’’ and reformers. In doing so, the provi- didates. (Announcer): Tell Congress we need a sion was based on the precept that the They do it because they know what’s sound, strong trade policy. Call 202–225– Supreme Court has made clear that, for effective. These people don’t spend 3121. constitutional purposes, campaigning umpteen amounts of dollars on ads And there are graphics on the screen which make no mistake, these ads do— hoping that maybe they work. They that show the phone number, that di- is different from other speech. It builds know their message is clear. And they rect viewers to tell Congress that we upon bedrock legal and constitutional know that using the name of Federal need to pass initiatives like ‘‘IMF principles, extending current regula- candidates in their ads near the elec- Funding’’ and ‘‘Sanctions Reform’’, tion cautiously and only in the areas in tion is an effective way of influencing and they give the number for the Cap- which the first amendment is at its the election. That’s why Snowe-Jef- itol switchboard. Again, this is a pure lowest threshold, such as disclosure fords keys in on the naming of can- issue ad that we wouldn’t touch. and prohibitions on union and corpora- didates as one of the triggers of our Now, some of our opponents have tion spending. disclosure regulations. said that we are simply opening the It also was crafted to keep with the And the numbers bear out how effec- floodgates in allowing soft money to spirit of the Supreme Court’s require- tive the ads really are. In the final two now be channeled through these inde- ments that any laws we pass that months before the 2000 election, 94 per- pendent groups for electioneering pur- might have an impact on speech not be cent of all the televised issue ad spots poses. To that, I would say that this overly vague or substantially overly- were seen as making a case for or bill would prohibit members from di- broad. In fact, let me quote from a against a candidate by the Annenberg recting money to these groups to affect scholar’s letter from the Brennan Cen- study. Ninety-four percent. Now, what elections, so that would cut out an en- ter dated March 12, 2001, which was was the content of these ads? Well, in tire avenue of solicitation for funds, signed by 70 law professors and schol- the final 2 months of the election, fully not to mention any real or perceived ars from all over the country in sup- 84 percent of those ads seen as election- ‘‘quid pro quo’’. port of the constitutionality of eering ads were also seen as having an Furthermore, I find it both inter- McCain-Feingold in general and of this attack component. Over 8 out of every esting and remarkable that in many provision specifically. cases our opponents who are making In the letter, they say, ‘‘the Court 10 ads were attacking—not comparing this claim on the one hand are at the did not declare that all legislatures or offering information but attacking. same time claiming that we’re choking were stuck with these magic words—in But perhaps most compelling is a re- off free speech. That the provision ‘‘re- other words, the terms like ‘‘vote for’’ cent joint study between the Brennan stricts citizen speech’’ by ‘‘severely or ‘‘vote against’’ that denote whether Center and Kenneth Goldstein of the limiting the sources of money that can or not an ad contains express advocacy, University of Wisconsin and Jonathan be used for such speech’’, as FEC Com- and therefore is currently subject to Krasno, visiting fellow at Yale. The re- missioner Bradley Smith wrote in a regulation—or words like them, for all port specifically studied issue ads with- Wall Street Journal piece on March 20, time. To the contrary, Congress has in the context of the Snowe-Jeffords 2001. So my question is, which is it? Is the power to enact a statute that de- test, during the 2000 elections and in it opening the floodgates, or is it chok- fines electioneering in a more nuanced the top 75 media markets. ing off speech? Because you can’t have manner, as long as its definition ade- And you know what they found? it both ways. quately addresses the vagueness and They found that just one percent of all Opponents have also referred to the overbreadth concerns expressed by the those ads run during the year that were NAACP versus Alabama Supreme Court.’’ viewed as actual genuine issue ads and Court case to say that our disclosure And the fact of the matter is, Mr. mentioned Federal candidates were provisions are unconstitutional. And I President, we do address those two con- captured by our provision. In other want to take this opportunity to refute cerns, and we do so very well. No won- words, of all the so-called issue ads what is yet another misrepresentation. der then that every living person to that ran last year and mentioned Fed- The fact of the matter is, NAACP have served as ACLU President, ACLU eral candidates, 99 percent of those was about the disclosure of an entire Executive Director, ACLU Legal Direc- that ran in the last 60 days were seen membership list of a black civil rights tor, or ACLU Legislative Director— as electioneering ads. If you had any organization in Alabama in the 1950’s. with the exception of current leader- test that was accurate 99 percent of the The law struck down in that case ship—has signed onto a letter sup- time, I believe you’d say that was a forced the NAACP in Alabama, an issue porting our approach. Every single one pretty good test. advocacy organization, to disclose all of them. I must emphasize once again that the of its members or to leave the State. I Already I have established how our Supreme Court has never said there is hope no one would suggest that’s equi- provision is not even remotely vague. one single, permissible route to deter- table to today. The bottom line is, we As that Brennan Center scholars’ letter mine if a communication is influencing only require disclosure of major do- says that was signed by 70 scholars, a Federal election. And to explain why nors. And there is no guaranteed right ‘‘Because the test for prohibited elec- that is the case, let me refer to a col- to anonymity when it comes to cam- tioneering is defined with great clarity, umn written by Norman Ornstein, who paigning. In fact, the court has said it satisfies the Supreme Court’s vague- was instrumental in developing the time and again that disclosure is in the ness concerns. Any sponsor will know, Snowe-Jeffords provision along with public interest because it gives the with absolute certainty, whether the numerous other constitutional experts.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2137 He said, in 1974, ‘‘the Supreme Court Vice President. Despite his national and the many more like them contrib- rejected as overly broad the 1974 Con- prominence on that issue, and the won- uted to the cynicism too many Ameri- gressional decision to include in its derful job he did on that, and the cans have about their elected leaders regulatory net any communication ‘for heartbreaking loss, he didn’t waste any and the skepticism they have about the purpose of influencing’ a Federal time. He came right back in his own their own ability to influence their election. Instead, the court drew a line modest way, as a team player, and Government. between direct campaign activities, or worked with us to help us pass this Johnny Chung, Roger Tamraz, and ‘express advocacy’, and other political bill. I am grateful for that and just all the rest may have been unusual in speech. The former could be regulated, think he is a class act. the unsophisticated bull-in-a-China- at least in terms of limits on contribu- I am happy to yield 7 minutes to the shop way in which they tried to play tions; the latter had greater first Senator from Connecticut, Mr. LIEBER- the system. But their essential insight, amendment protection. MAN. if I can call it that, that big dollar do- ‘‘How to define express advocacy? The PRESIDING OFFICER. The Sen- nations buy the access that enables The High Court in a footnote gave ator from Connecticut. you to get what you want, is one that some suggestions to fill the resulting Mr. LIEBERMAN. Madam President, does pervade our political culture. vacuum and to define the difference be- I thank my friend and colleague from That insight is shared and acted upon tween the two kinds of advocacy. Ex- Wisconsin for his extraordinary leader- daily by the mainstream special inter- press advocacy, the justices said, would ship and for his very gracious words, ests whose soft money donations have cover communications that included which I appreciate personally. exponentially dwarfed those of the 1996 words such as ‘vote for,’ ‘vote against,’ With the vote on final passage of the investigation’s and 1997 election’s most ‘elect,’ or ‘defeat.’ The Court did not McCain-Feingold/Shays-Meehan bill colorful characters, who use the access say that the only forms of express ad- about to occur, we are fast approaching they buy to try to mold the Nation’s vocacy are those using the specific the end of an incredible odyssey, one policies and agenda in their own image. words above. Those were examples.’’ that, while perhaps not as long as that The result has been a system that The bottom line is, Buckley versus of the mythical Odysseus, has certainly often leaves the average person Valeo is in effect the law of the land been every bit as challenging, sus- disempowered, disinterested, and dis- because Congress has not superseded it penseful, and epic. engaged from our political process by filling the vacuum in the quarter Time and again, the efforts to reform where the average person’s annual in- century that followed. In other words, our campaign finance system have come, in many cases—mostly doesn’t since 1976, Congress has not passed a faced ruin as its proponents have been even approach the cost of the ticket to law concerning campaign financing, forced to sail between their own our political parties’ most elite fund- and so hasn’t sent any new law to the versions of Scylla and Charybdis, re- raising events. This causes the average Court because we haven’t done any- quired to resist their own special calls people, the majority, to continually thing in the last quarter century. So of the Sirens. question why their leaders are taking the Court has no guidepost. If Congress But, due to the incredible tenacity the actions they take. It causes those acts, the Supreme Court will give its and profound principle of our leaders in of us in public life to work, too often, due deference to what we do on behalf this struggle, Senators MCCAIN and under a cloud of suspicion, with our of protecting our system of elections. FEINGOLD, Congress has found the citizenry wondering whose interests We well know what has happened in strength to reach our own Ithaca here are being served. the quarter century since. We have today, and to finally try to clear our The demise of the Enron Corporation seen the kind of development and evo- house of suitors seeking special favors in the last several months is but the lution of these ads—we have a record of at the expense of the greater good. For most recent example of this phe- how they are seen to be influencing that extraordinary leadership, I thank nomenon. It is, I know, regularly stat- Federal elections. This is a mon- Senator FEINGOLD and I thank Senator ed that Enron is a corporate scandal strosity that has evolved in terms of MCCAIN. They have made an enormous but not necessarily a political one. the so-called sham ads that are having difference. That at this moment is quite literally a true impact on our election process I must say, in some senses I joined true. It is too early to conclude wheth- in a way that I do not think the Su- this odyssey—though I had been inter- er anyone in Government did anything preme Court could foresee back in 1976 ested in it before—but I joined it with inappropriate or illegal for Enron. But and we, as candidates, could not pos- a new sense of commitment in 1997, I do know that a company with an ulti- sibly envision. Well, now we will. when the Governmental Affairs Com- mately insecure and unethical business This is a narrowly crafted, well-vet- mittee conducted its year-long inves- model run by individuals of shakier ted provision that is vital if we are to tigation into campaign finance abuses business ethics yet, repeatedly found say with a straight face that we have in the 1996 Federal elections. With the an open door to the offices of the po- done something to enact real campaign passage of time, the shock of that in- litically powerful—in no small part, I finance reform. Again, I’m pleased to vestigation’s revelations have started presume, because of the millions of dol- have been able to work so closely with to fade. But it is critical that we re- lars of political donations the company Senators MCCAIN and FEINGOLD and member them because they represent made. others in helping make campaign fi- precisely what is most wrong with the So this is not Enron’s political scan- nance reform both comprehensive and system we plan to change and precisely dal alone. It is all of ours. That is prob- meaningful. This will be a victory for what helped to begin in full force the ably why the Enron scandal may have the United States Senate, but most of effort that is about to reach a success- given this noble effort the final boost it all a victory for the voters of America. ful conclusion. needed to make it to Ithaca. The PRESIDING OFFICER. The Sen- We should not forget the cast of char- All of us have been hurt by it. Politi- ator from Wisconsin. acters that we all became familiar cians are under suspicion, legitimate Mr. FEINGOLD. Madam President, I within those investigations, hustlers legislative causes have been tarnished thank the Senator from Maine for the such as Johnny Chung—remember the only because Enron once supported critical role she has played in this ef- name—who compared the White House them, and the American people whose fort and the victory we are about to to a subway saying: confidence in the integrity of our sys- have. You have to put coins in to open the gates. tem has been shaken. Now I have the pleasure of yielding Or Roger Tamraz, who told us that he Fortunately, the Senate is about to to the Senator from Connecticut, who I didn’t even bother to register to vote act to make the system better. None of must say is the person most respon- because he knew that his huge dona- us is under any illusion that the enact- sible for what was actually the first tions would get him so much more ment of this bill will make our system piece of campaign finance reform legis- than the vote would. pristine, or eliminate totally the im- lation in decades, the bill that ad- These men were on the margins. pact of money on politics. As has often dressed the 527 problem. He then was a Though they never got what they been said, money, like water, always magnificent candidate on our party for wanted for their money, their stories seems to find a new place to flow
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2138 CONGRESSIONAL RECORD — SENATE March 20, 2002 through our political system. But this Mr. MCCONNELL. Madam President, example, when a State party conducts bill will have an impact. It will be a I yield 7 minutes of my 8 minutes to a ‘‘get-out-the-vote drive,’’ it benefits very good one. That impact will result the Senator from Utah. both its Federal and non-Federal can- from the closing of the large soft The PRESIDING OFFICER. The Sen- didates. Consequently, if the State money loophole that has been allowed ator from Utah. party committee pays for the drive to open up in the post-Watergate cam- SOFT MONEY BAN AND SHAM ISSUE ADS with soft dollars, the committee is paign finance reform laws. Mr. MCCAIN. Madam President, I rise using federally prohibited contribu- Before yielding the floor, I would like as the sponsor of the campaign finance tions in connection with a Federal to point with pride to one other part of reform bill that was passed last year by election to benefit federal candidates. this bill. This bill includes an amend- the Senate and a few weeks ago by the Currently 14 States, Arkansas, Cali- ment that Senator THOMPSON and I House, and is currently before the Sen- fornia, Florida, Georgia, Idaho, Illinois, have been working on since shortly ate one final time. We have worked for Maine, Missouri, Nebraska, Nevada, after the conclusion of the Govern- a number of years now for what is be- New Mexico, Utah, Virginia and Wyo- mental Affairs Committee’s 1997 inves- fore us today: The opportunity to pass ming, allow unlimited contributions— tigation. That amendment resulted significant campaign finance reform that would be barred at the Federal from our frustration that some of the legislation and send it to the President level—from individuals, unions, PACs, worst actors in the 1996 scandals, indi- for his signature. and corporations. In addition, 36 States viduals who clearly broke the law and Over these years, many have ex- do not restrict soft money transfers were convicted for breaking it, escaped plained why it is imperative that we fix from national parties to State and without significant punishment. The our campaign finance laws, close loop- local parties. To illustrate the size of reason? The criminal provisions of our holes that have been exploited to the these transfers, in the 2000 election, the campaign finance laws just are not point of making a mockery of our laws, national Democratic Party funneled strong enough. and put an end to the corrupting influ- approximately $145 million and the Re- Our amendment remedies that by au- ence of big money on our democracy. publican Party transferred $129 million thorizing felony charges for violations I would like to address the two cen- to their affiliated State parties to take of the Federal Election Campaign Act, tral provisions of our bill—the soft advantage of the State parties’ ability expending FECA’s statute of limita- money ban and the provisions dealing to spend a larger percentage of soft tions, and directing the U.S. Sen- with sham issue ads. Working with our money on advertisements featuring tencing Commission to promulgate a friends in the House, we have drafted a Federal candidates. specific guideline for sentencing for bill that promotes important first The reports issued by the majority those who violate our campaign fi- amendment values, promotes enhanced and minority of the Senate Govern- nance laws. citizen participation in our democracy, mental Affairs Committee charged The combination of these changes is workable, and is carefully crafted to with investigating campaign finance will put teeth into our campaign fi- steer clear of asserted constitutional abuses in the 1996 elections illustrate nance laws and ensure that those who pitfalls. the extent to which the coffers of Fed- willfully violate them will not again Anyone who reads this bill and the eral and State political parties are escape without serious consequences. debates should come away with the intertwined. In 1996, the State parties Finally, I thank Senator FEINGOLD clear understanding that Congress ap- spent money they received from the for his reference to the so-called 527 proached this task with a fealty and national parties on advertisements legislation that we worked on together dedication to the Constitution, and considered key to their Presidential and passed in the Senate. It is a sad with a desire to get it right. We are candidate’s election. The Minority Re- irony that on this very day, when we acting today to fix a real problem and port makes clear that State parties are about to pass the McCain-Feingold/ have made our best effort to do so in a often act as mere conduits, exercising Shays-Meehan bill, the House Ways way that will be upheld by the courts. no independent judgment over the ads. and Means Committee has adopted a This bill represents a balanced ap- For example, in an internal memo dis- version of 527 which really guts it. I proach which addresses the very real cussing how to run so-called issue ads hope my colleagues in the Senate will danger that Federal contribution lim- using soft money that would benefit not accept that undermining of that its could be evaded by diverting funds Senator Dole’s campaign, an RNC offi- important campaign finance law. to State and local parties, which then cial wrote: ‘‘Some have voiced concern In sum, for too long we have watched use those funds for Federal election ac- that buying through the State parties our Nation’s greatest treasure, our tivity. At the same time, the bill does could result in a loss of control on our commitment to democracy, be pillaged not attempt to regulate State and local part. There is absolutely no reason to by the ever escalating money chase. It party spending where this danger is not be concerned about this.’’ The bottom is time to say enough is enough. It is present, and where State and local par- line is, whatever the technical niceties, time to restore political influence to ties engage in purely non-Federal ac- soft money is being spent by State par- where our Nation’s founding principles tivities. We will not succeed in closing ties to support Federal campaigns. In say it should be: with the people, with the soft-money loophole unless we ad- fact, much of the soft money spent in the voters. That is what this proposal dress the problem at the State and the 2000 elections to support Federal will do. local level. We do this, however, while campaigns was spent by State parties. I yield the floor. preserving the rights and abilities of Congress has a compelling interest in The PRESIDING OFFICER. The Sen- our State and local parties to engage in ensuring that State parties do not use ator from Wisconsin. truly local activity. backdoor tactics to finance Federal Mr. FEINGOLD. I thank the Senator In order to close the existing soft election campaigns in this way. It has from Ithaca—I mean the Senator from money loophole and prevent massive an interest in ensuring that Federal Connecticut, for his very fine remarks. evasion of Federal campaign finance elections activities are paid for with I would be remiss if I did not say the laws, the soft money ban must operate funds raised in a non-corrupting man- occupant of the chair, the Senator not just at the national party level but ner and in accordance with the Federal from Louisiana, pledged her support at at the State and local level as well. We guidelines. a very critical time, and stood with us have authority to extend the soft State parties receive soft money to all the way through this debate. I money reforms to the State and local influence Federal elections in the form thank her for her help on this bill. level where it is necessary, as it is of direct contributions to State parties I yield the floor. here, to protect the integrity of Fed- and transfers from national parties for The PRESIDING OFFICER. The Sen- eral elections. Closing the loophole is this purpose. Much of this money is ator from Kentucky. crucial to prevent evasion of the new then spent on television advertise- Mr. MCCONNELL. Madam President, Federal rules. ments attacking or promoting Federal how much time do I have remaining? As we all know, state party spending candidates and other activities that we The PRESIDING OFFICER. The Sen- may not always clearly divide between all know are designed to, and do, influ- ator has 8 minutes. Federal and non-Federal purposes. For ence Federal elections. State parties
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2139 also use soft money to fund ‘‘party This is demonstrably false. The fact is, and entities from soliciting, receiving, building activities,’’ such as get-out- much of the soft money that goes to directing, transferring or spending the-vote and voter registration drives. State parties is spent on activities that funds—in connection with a non-Fed- But, again, all of us know that these influence Federal elections. In the 1996 eral election—from individuals or Fed- activities, while vitally important to Presidential election, for example, eral PACs that are in excess of the our democracy, are designed to, and do State parties spent many millions of ‘‘hard money’’ amounts permitted to have an unmistakable impact on both dollars on television ads that promoted be contributed to candidates and polit- Federal and non-Federal elections. their Presidential candidates. The ical committees by individuals and Currently, State parties pay for these money for these ads, moreover, in Federal PACs. activities using a mixture of hard and many cases was either transferred from These provisions break no new con- soft money pursuant to allocation for- the national parties or contributed by ceptual grounds in either public policy mulae set by the Federal Election donors directly to the State parties. or constitutional law. This prohibition Commission. But current allocation Some have also argued that the Fed- on solicitation is no different from the rules have proven wholly inadequate to eral Government lacks the constitu- Federal laws and ethical rules that pro- guard against the use of soft money to tional authority to regulate the collec- hibit Federal officeholders from using influence Federal campaigns. tion and use of funds by State and local their offices or positions of power to While national parties will no longer parties. There can be no serious doubt, solicit money or other benefits. Indeed, be able to transfer soft money to State however, that the Federal Government statutes like these have been on the parties, some State parties will still be has the constitutional authority to books for over 100 years for the same able to receive large contributions regulate activity that affects Federal reason that we’re prohibiting certain from corporations, labor unions, and elections, and that soft money is used solicitations to deter the opportunity wealthy individuals, subject to state at the State and local level for this for corruption to grow and flourish, to laws. So unless we close the loophole at purpose. In fact, existing law already maintain the integrity of our political the State and local level, we will be prohibits State and local parties from system, and to prevent any appearance right back to the unacceptable situa- using soft money to explicitly support that our Federal laws, policies, or ac- tion of having non-Federal money— a Federal candidate. All that the bill tivities can be inappropriately com- large contributions from corporations, does is extend this existing law to close promised or sold. labor unions and wealthy individuals— existing loopholes, thereby ensuring For example, the Ethics Reform Act used to affect Federal elections. That that activities that actually influence of 1989 generally prohibits Members of is because, one, many States allow un- Federal elections are subject to Fed- Congress or Federal officers and em- limited contributions from individuals, eral limitations and rules, while leav- ployees from soliciting anything of unions, PACs, corporations and na- ing purely State and local campaign value from anyone who seeks official tional parties to State and local par- activities by State parties subject to action from them, does business with ties; and two, we know from experience applicable State law. them, or has interests that may be sub- that State parties are spending mas- Finally, the argument that the bill stantially affected by the performance sive sums of soft money to influence would somehow undermine the status of official duties. No one could seri- Federal elections. of State and local parties and prevent ously argue that this prohibition is Thus, if left unregulated, or merely them from conducting grassroots cam- without a compelling purpose. The subject to existing FEC allocation paign activities is similarly incorrect. same holds true here. We are prohib- rules, State and local party activity If anything, the massive influx of soft iting Federal officeholders, candidates, presents the opportunity for massive money from the national parties has and their agents from soliciting funds evasion. Restrictions on the raising of turned State and local parties into in connection with an election, unless soft money by Federal candidates and mere pass-through accounts for the na- such funds are from sources and in officeholders do not, on their own, pre- tional parties and for large, direct con- amounts permitted under Federal law. vent evasion of the soft money ban. tributions from corporations, unions The reason for this is to deter any pos- There will always be persons clearly and wealthy individuals. If anything, sibility that solicitations of large sums associated with Presidential or other the bill will return the State and local from corporations, unions, and wealthy Federal candidates, but not covered by parties to the grassroots and encourage private interests will corrupt or appear these provisions, who can raise soft them to broaden their bases and reach to corrupt our Federal Government or money for state parties to funnel into out to average voters. undermine our political system with Federal elections. In addition, those It is a key purpose of the bill to stop the taint of impropriety. who seek to avoid Federal contribution the use of soft money as a means of The solicitation rules in the bill are limits can make huge contributions to buying influence and access with Fed- also consistent with Federal criminal State and local parties in order to as- eral officeholders and candidates. Thus, laws that prohibit Congressional can- sist particular Federal candidates. we have established a system of prohi- didates and incumbents, among others, Current law, of course, requires that bitions and limitations on the ability from knowingly soliciting political State and local parties spend exclu- of Federal officeholders and candidates contributions from any Federal officer sively hard money when they engage in to raise, spend, and control soft money. or employee or from any contractor certain activities that affect Federal The bill prohibits Federal office- who renders personal services. It is also elections. For example, if a State party holders, Federal candidates, their directly akin in purpose to the Federal were to run an ad expressly advocating agents, and entities they directly or in- criminal law that prohibits any person the election of a Federal candidate, the directly establish, finance, maintain or from soliciting or receiving any polit- party would have to pay for the ad with control, from soliciting, receiving, di- ical contribution in any Federal room hard money. The bill simply applies recting, transferring or spending funds or building occupied in the discharge of this same principle to an additional in connection with an election for Fed- a Federal officer’s or employer’s du- category of activities, defined as ‘‘Fed- eral office, including funds for any Fed- ties. eral election activity,’’ that, in the eral election activity, unless such The rule here is simple: Federal can- judgment of Congress, also clearly af- funds are ‘‘hard money.’’ didates and officeholders cannot solicit fect Federal elections. By contrast, as Furthermore, it prohibits Federal of- soft money funds, funds that do not the bill makes clear, activities that af- ficeholders, Federal candidates, their comply with Federal contribution lim- fect purely non-Federal elections are agents, or entities they directly or in- its and source prohibitions, for any left unregulated by the bill, and remain directly establish, finance, maintain or party committee—national, State or subject to the applicable State law. control from soliciting, receiving, di- local. Some argue that the soft money recting, transferring or spending funds This, of course, means that a Federal given to State parties is used only for in connection with a non-Federal elec- candidate or officeholder may continue ‘‘party building’’ that is wholly unre- tion from sources prohibited from to solicit hard money for party com- lated to any activity that in design or making ‘‘hard money’’ contributions. mittees. A Federal candidate or office- practice influences Federal elections. It likewise prohibits such individuals holder may solicit up to $25,000 per
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2140 CONGRESSIONAL RECORD — SENATE March 20, 2002 year for a national party committee more than $5,000 per election from a tion for a 501(c) tax-exempt organiza- from an individual. PAC for a state candidate. These limits tion that is not an organization whose Similarly, the Federal candidate or correspond to the Federal hard money principal purpose is to engage in get- officeholder may solicit up to $15,000 source and amount limitations for con- out-the-vote or voter registration ac- per year for a national party com- tributions to Federal candidates. More- tivities as defined in new 2 U.S.C. sec- mittee from a PAC. over, a Federal officeholder or can- tion 431(20)(A)(i)&(ii), provided that Under the bill, a Federal candidate or didate may not ask a single individual such solicitation is not specifically to officeholder may solicit hard money to donate amounts to all state can- obtain funds for the organization to en- donations for State party committees didates in a 2-year election cycle that gage in Federal election activities or to spend in connection with a Federal in the aggregate exceed $37,500, which activities in connection with elections. election, including for voter registra- corresponds to the aggregate amount For example, the bill’s solicitation tion and GOTV activities, of up to of ‘‘hard money’’ that individuals may restrictions would not apply to a Fed- $10,000 per year from an individual and donate to all Federal candidates over a eral candidate soliciting funds for the up to $5,000 per year from a PAC. 2-year cycle. Red Cross explicitly to be used for a In addition, a Federal candidate or The bill also restricts fundraising for blood drive—as this is not an organiza- officeholder may solicit money for a certain other 527 organizations. A Fed- tion whose principal purpose is to en- State party to spend on non-Federal eral officeholder or candidate may not gage in get-out-the-vote or voter reg- elections. The amount, however, would solicit more than a $5,000 donation in a istration activities and the solicitation be subject to the Federal limits and calendar year from an individual or a is not expressly to obtain funds for source prohibitions. Therefore, a Fed- PAC for a non-party 527 that is not a such activities. Finally, the purpose of section eral candidate or officeholder may so- Federal committee or State can- 323(e)(4) is to permit only individual licit up to $10,000 a year from an indi- didate’s campaign committee. Further- candidates or officeholders to assist, in vidual and $5,000 a year from a PAC for more, a Federal officeholder or can- limited ways, section 501(c) organiza- a State party’s non-Federal account, didate may not ask a single individual tions. This permission does not extend even if that same individual or PAC to donate amounts in a 2-year election to an officeholder or candidate acting has already given a similar amount to cycle to multiple 527’s of this nature on behalf of an entity—including a po- the State party’s Federal, or hard that in the aggregate exceed $37,500— litical party. money, account. which corresponds to the aggregate State parties must fund ‘‘Federal In addition, I would like to address amount of ‘‘hard money’’ an individual the growing sham issue advocacy loop- election activities,’’ including voter may donate to PACs over a 2-year registration or get-out-the-vote drives, hole. cycle. What are these so-called ‘‘issue ads″? with hard money, except for certain Proposed new section 323(e)(4)(B) of The Supreme Court in its Buckley deci- non-Federal funds that may be used the Federal Election Campaign Act au- sion made a distinction in the context pursuant to the ‘‘Levin amendment’’ to thorizes the only permissible solicita- of speech by individuals and entities fund such activities. The Levin amend- tions by Federal candidates or office- other than candidates and political ment, however, expressly provides that holders for donations to a 501(c) organi- parties, between speech that promoted Federal candidates and officeholders zation whose principal purpose is to en- a candidate, which the Court called may not solicit the non-Federal funds gage in get-out-the-vote and voter reg- ‘‘express advocacy,’’ and speech that to be spent under the Levin amend- istration activities described in new addressed public issues, which it called ment. section 301(20)(A)(i)&(ii) of the Federal ‘‘issue advocacy.’’ The Court held that One important restriction in the bill Election Campaign Act. The new sec- expenditures for public communica- applies to fundraising for so-called tion also authorizes the only permis- tions by both candidates and political Leadership PACs, which are political sible solicitations for a 501(c) organiza- parties ‘‘are, by definition, campaign committees, other than a principal tion that can be made by Federal can- related,’’ and so are always covered by campaign committee, affiliated with a didates or officeholders explicitly for the campaign finance laws, regardless Member of Congress. A Federal office- funds to carry out such activities. of the language these ads use. With re- holder or candidate is prohibited from In these instances, a Federal can- spect to ads run by non-candidates and soliciting contributions for a Leader- didate or officeholder may solicit only outside groups, however, the Court in- ship PAC that do not comply with the individuals for donations and may not dicated that to avoid vagueness, fed- Federal hard money source and amount request donations in an amount larger eral election law contribution limits limitations. Thus, the Federal office- than $20,000 per year. Section and disclosure requirements should holder or candidate could solicit up to 323(e)(4)(B) applies only to 501(c) orga- apply only if the ads contain ‘‘express $5,000 per year from an individual or nizations. The section does not author- advocacy.’’ In a footnote, the Court PAC for the Federal account of the ize any such solicitations for other en- gave examples of express advocacy, Leadership PAC and an additional tities, and it does not authorize solici- such as ‘‘vote for,’’ ‘‘elect,’’ ‘‘support,’’ $5,000 from an individual or a PAC for tations for funds to be spent on so- and ‘‘defeat.’’ The Supreme Court did the non-Federal account of the leader- called ‘‘issue ads.’’ not foreclose the possibility that ads ship PAC. The Federal officeholder or Thus, a Federal officeholder or can- with strong electioneering content candidate could not solicit any cor- didate may not solicit corporate or that omitted the ‘‘magic words’’ could porate or labor union treasury con- union treasury donations, or donations also be limited. tributions for either the Federal or from an individual of more than $20,000 Despite the Buckley holding regard- non-Federal accounts of the PAC. per year, for a 501(c) tax-exempt orga- ing political parties, the FEC has al- Moreover, under the bill, a Federal nization where the principal purpose of lowed political parties to get away candidate or officeholder could not di- the organization is to engage in get- with using soft money for so called rectly or indirectly establish, finance, out-the vote or voter registration ac- ‘‘issue ads.’’ Outside groups, mean- maintain or control a PAC that raises tivities as defined in new 2 U.S.C. sec- while, have exploited the ‘‘magic or spends contributions that do not tion 431(20)(A)(i)&(ii). Likewise, a Fed- words’’ test, using it to justify adver- comply with these limits. Nor could a eral officeholder or candidate may not tisements that plainly support or at- Leadership PAC controlled by a Fed- solicit corporate or union treasury do- tack Federal candidates without using eral candidate or officeholder spend nations or donations from an indi- the ‘‘magic words.’’ funds from its non-Federal account on vidual of more than $20,000 per year for The Senate Governmental Affairs Federal election activities or in con- any 501(c) tax-exempt organization Committee investigation found fla- nection with a Federal election. where the solicitation is explicitly to grant abuses by both Presidential cam- The bill also restricts fundraising for obtain funds for the organization to en- paigns in the 1996 elections. Both Presi- state candidates. A Federal office- gage in such activities. dential candidates raised soft money to holder or candidate may solicit no Conversely, the bill permits a Fed- spend on sham issue ads. Both Presi- more than $2,000 per election from an eral officeholder or candidate to solicit dential campaigns were directly in- individual for a State candidate and no funds without source or amount limita- volved with their party committees in
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2141 creating and running soft-money fund- by requiring state parties to spend only querade as issue discussion to the same ed TV ad campaigns designed to sup- hard money on ads that promote or at- laws that have long governed campaign port their candidates. tack Federal candidates, regardless of ads. Under the bill, corporations and One example, an RNC commercial en- whether they contain express advo- labor unions could no longer spend soft titled ‘‘The Story,’’ movingly depicts cacy. money on broadcast, cable or satellite Senator Bob Dole’s recovery from But the sham ‘‘issue ad’’ problem is communications that refer to a clearly wounds he sustained in World War II. not limited to political parties. In 1996, identified candidate for Federal office On ABC News, Senator Dole described the AFL–CIO spent $35 million on a so- during the 60 days before a general how the RNC disguised this ad cam- called ‘‘issue ad’’ campaign designed to election and the 30 days before a pri- paign as issue advocacy: ‘‘it never says restore a Democratic majority in the mary, and that are targeted to that that I’m running for President, though House. It ran ads in 44 Republican dis- candidate’s electorate. These entities I hope it’s fairly obvious, since I’m the tricts, spending an average of $250,000 could, however, use their PACs to fi- only one in the picture!’’ to $300,000 on media in the districts of nance such ads. This will ensure that Similar abuses have occurred in con- the 32 House Republicans it targeted. corporate and labor campaign ads prox- gressional races. In the 2000 election, To counter the AFL–CIO campaign, the imate to Federal elections, like other the Democratic party, DNC, DSCC and Chamber of Commerce organized 32 campaign ads, are paid for with limited NY State Democratic Party, spent a business groups to spend $5 million on contributions from individuals and combined $7.1 million in New York’s a sham ‘‘issue ad’’ campaign of their that such spending is fully disclosed. highly contested Senate race. In one own. The purpose of this spending was This attempt to put teeth back into soft money-funded ad, aired in July overtly to affect Federal campaigns, as our campaign finance laws is carefully 2000, the New York State Democratic a guide for corporate spending pub- crafted to pass constitutional muster. Committee criticized Republican Rep- lished the same year by the Business- According to the Brennan Center’s resentative Rick Lazio’s record on pre- Industry PAC illustrates. The guide ‘‘Buying Time 2000’’ study, less than scription drugs for seniors. The ad listed ‘‘issue advocacy’’ as one of five one percent of the group-sponsored showcased an elderly couple who were tools ‘‘to be used to help reelect imper- soft-money ads covered by this provi- forced to return to work to pay for iled pro-business Senators and Rep- sion of the bill were genuine issue dis- resentatives, defeat vulnerable anti- their medicines. The ad then accused cussion, more than 99 percent of these business incumbents, and elect free-en- Lazio of voting against a Medicare ads were campaign ads. This degree of Drug benefit when he was a member of terprise advocates.’’ Federal election law has long barred accuracy is more than sufficient to the House. Another New York Demo- unions and corporations from making overcome any claim of substantial cratic Party soft money advertisement expenditures in connection with Fed- overbreadth. Of course, the bill’s bright criticized Lazio’s record on the Pa- eral elections. However, by sponsoring line test also gives clear guidance to tients’ Bill of Rights. The ad said, their own putative ‘‘issue ads,’’ they corporations and unions regarding ‘‘Rick Lazio voted against the real en- circumvent this law. The Snowe-Jef- which advertisements would be subject forceable Patients’ Bill of Rights. The fords electioneering communications to campaign law and which advertise- one endorsed by nurses, doctors, the provision will help restore the original ments would remain unregulated. heart, lung, and cancer societies.’’ intent of the law: to keep a tidal wave Furthermore, the bill does not explic- In the November 1997 Special Elec- of union and corporate money out of itly or implicitly purport to depart tion to fill Representative Molinari’s Federal elections. from the Supreme Court’s holding in seat, the RNC poured $800,000 into can- A comprehensive study of political FEC versus Massachusetts Citizens for didate-specific attack advertisements. ads by the Brennan Center for Justice Life, Inc., 479 U.S. 238 (1986) (‘‘MCFL’’), For example, the RNC bought this so- shows just how parties and outside or any other Supreme Court precedent. called ‘‘issue ad’’: groups are financing campaign ads In MCFL, the Supreme Court found The tax bite. Today New Yorkers pay the with soft money. They evade campaign that a nonprofit, nonstock corporation, highest taxes in the country because politi- finance laws prohibiting the use of soft MCFL, had violated the Federal Elec- cians like Eric Vitaliano keep raising our money on campaign ads by studiously tion Campaign Act’s prohibition on the taxes. Vitaliano raised taxes on families over use of general corporate treasury funds $7 billion. More taxes for more welfare. Wel- avoiding the use of the so-called fare spending went up 46 percent. Then Eric ‘‘magic words’’ of ‘‘vote for’’ or ‘‘vote by making an expenditure in connec- Vitaliano took a big bite for himself, raising against’’ in such ads. But these soft tion with a Federal election, but that his own pay 74 percent. Call Eric Vitaliano. money-funded ads are nonetheless pat- the act’s prohibition as applied to Tell him to cut taxes, not take another bite ently campaign ads. Indeed, 97 percent MCFL was unconstitutional, given its out of our futures. of the electioneering ads reviewed as unique non-business purpose and char- Even though this was a special elec- part of the Brennan Center’s ‘‘Buying acter. tion with only one Republican federal Time 2000’’ study did not use ‘‘magic MCFL was expressly formed to pro- candidate on the ballot, the RNC con- words’’. The increasing irrelevance of mote political ideas and could not en- tended that these ads were issue adver- ‘‘magic words’’ as a criteria for distin- gage in business activities; MCFL had tisements intended to educate the vot- guishing between campaign ads and no shareholders or anyone else who ers on the Republican Party’s posi- issue discussion is also illustrated by could make a claim for its assets or tions. close examination of campaign ads run earnings; and MCFL was not estab- Likewise, the California Democratic by candidates, financed with hard lished by a business corporation or Party ran sham issue advertisements money. Even these hard money-funded labor union, and it did not accept con- attacking Republican Steve ads used magic words only 10 percent of tributions from such entities. Kuykendall, who was being challenged the time in 2000—and 4 percent of the This legislation does not purport in by former Representative Jane Harman time in 1998. any way, shape, or form to overrule or for the 36th District in California dur- The sham issue ad subterfuge—per- change the Supreme Court’s construc- ing the 2000 Elections. One of the mitting outside groups to spend sup- tion of the Federal Election Campaign Democratic ads attacked Kuykendall posedly prohibited soft money on cam- Act in MCFL. Just as an MCFL-type for taking ‘‘secret’’ contributions from paign ads without disclosing even a corporation, under the Supreme Philip Morris Tobacco. The ad went on dime of that spending—will continue Court’s ruling, is exempt from the cur- to say that Kuykendall ‘‘voted for unless Congress draws a more accurate rent prohibition on the use of cor- weaker penalties for selling tobacco to line between campaign ads and issue porate funds for expenditures con- minors.’’ The ad ends with, ‘‘Tell Steve ads. Clearly, even a casual observer taining ‘‘express advocacy,’’ so too is Kuykendall to give the tobacco money would concede that ‘‘magic words’’ is a an MCFL-type corporation exempt back.’’ dramatically underinclusive test for from the prohibition in the Snowe-Jef- The problem of political party soft determining what constitutes a cam- fords amendment on the use of its money ads is addressed in this legisla- paign ad. treasury funds to pay for ‘‘election- tion by banning national parties from This bill would simply subject soft eering communications.’’ Nothing in raising and spending soft money, and money-funded campaign ads that mas- the bill purports to change MCFL. The
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2142 CONGRESSIONAL RECORD — SENATE March 20, 2002 definitions and provisions of this bill, candidate running against a wealthy tions by minors, section 318, to apply like every other law, are subject to the opponent and having to raise extraor- to 2002 runoff elections. In addition, in Supreme Court’s decisions. dinary amounts of money to keep pace the event that a runoff election occurs Mr. FEINGOLD. Madam President, I with that opponent’s personal spend- after November 5, 2002, the national thank the Senator from Arizona for his ing, that the risk of actual or apparent party would—until January 1, 2003, be excellent presentation on the central corruption from higher, yet still lim- able to spend soft money received be- provisions of our bill. I wholeheartedly ited, contribution limits is small fore November 6, 2002 to pay for the agree with the points he has made. enough to permit candidates to raise costs of non-Federal activities incurred WEALTHY CANDIDATES those greater contributions in those in connection with, and before the date Mr. LEVIN. Mr. President, I would particular circumstances. of, that runoff election, and the state like to ask my colleagues a question Mr. FEINGOLD. I agree with the parties could spend soft money on Fed- concerning the various new limits with comments of the Senator from Arizona. eral election activities in connection respect to individual contributions to I believe the Court’s decisions indicate with the runoff, as under current law. that a range of contribution limits candidates in the bill. There is a gen- On the other hand, the increased con- would be constitutional depending on eral increase of the individual con- tribution limits in the bill take effect the circumstances. Certainly, the de- tribution limits, but there are also pro- on January 1, 2003. visions that raise the possibility of ad- termination through difficult negotia- Mr. FEINGOLD. I agree with my ditional increases if a candidate faces tions in this bill that the limit should friend from Arizona. Let me note, in an opponent who spends a great deal of be raised to $2,000 per election, but not addition, that the new effective date his or her personal fortune in a race. higher, is an indication that Congress also helps to ensure that an expedited Can the sponsors discuss their analysis believes that in most races contribu- court challenge to the law can be re- of how those provisions might affect tions of greater than that amount solved well before the 2004 election Congress’s authority to limit indi- present the appearance of corruption. campaign gets underway. We recognize vidual contributions? EFFECTIVE DATE that a court challenge to this bill is Mr. MCCAIN. I thank the Senator Ms. COLLINS. Madam President, from Michigan for his question. The when the McCain-Feingold bill passed not only likely, but inevitable. We wel- bill increases the individual contribu- the Senate, it was to be effective 30 come the challenge and firmly believe tion limit to a candidate from $1,000 to days after enactment. Would the spon- the courts will uphold what we have $2,000 per election. It provides, in addi- sors please explain the decision to done. tion, higher limits for contributions change the effective date of the bill to In section 403, the bill provides expe- made to candidates running against op- November 6, 2002, and discuss the tran- dited judicial review rules and rules for ponents who spend large amounts of sition rules that apply after that date? an orderly process of intervention in personal wealth. Those higher con- In addition, can they please clarify the litigation that could theoretically tribution limits are set forth in section their intent concerning the campaign be filed shortly after the President 304 of the bill. finance rules that will govern runoff signs the bill. That this will allow the The Supreme Court in Buckley elections should there be any in 2002? litigation before a three-judge court upheld the $1,000 contribution limit es- Mr. MCCAIN. I thank the Senator for here in Washington, DC, to have pro- tablished by the 1974 law as a permis- her question. Because of the delay in gressed substantially even before the sible measure that serves the compel- getting the bill through the House, it operative provisions take effect in No- ling governmental interests of deter- became clear that there would be a vember. This expedited judicial review ring corruption and the appearance of number of very complicated transition process will assist an orderly transi- corruption. This ruling was in sub- rule issues and implementation prob- tion from the old system to the new stance reaffirmed by the Court’s deci- lems if we were to try to put the bill system under this bill. Furthermore, sion in 2000 in Nixon v. Shrink Missouri into effect for the 2002 elections. We re- the FEC is charged with promulgating PAC. It is now very well settled law luctantly determined that it would soft money regulations well before the that Congress has the power to set rea- simply not be practical to apply new date that the soft money ban will take sonable limits on individual contribu- rules in the middle of the election effect. In short, with enactment of the tions to candidates. The Court has cycle. To change the rules in the mid- bill, promulgations of key regulations, never said that the number picked by dle of the campaign would have created and a prompt and efficient resolution Congress is the upper or lower limit on uncertainty and potential unfairness, of the litigation, we will be in a posi- a reasonable determination. Indeed, it particularly since primaries are immi- tion in which a new campaign finance rejected the argument in Shrink, that nent in some States. system can be implemented in a cer- the diminished purchasing power of the It is our intent, however, that the tain and sure fashion for the 2004 elec- Missouri contribution limit because of provisions of this bill will be fully in tions. effect for the 2004 election cycle. In inflation caused it to be an unreason- SECTION 323(F)(1) ably low amount. order to provide a certain end to the It is possible that someone would at- soft money system, and completely in- Mr. THOMPSON. Madam President, I tempt to challenge the $2,000 contribu- sulate the 2004 elections from that sys- understand that questions have been tion limit in light of the higher limits tem, the bill provides for an effective raised about the provisions of the bill provided for some races in section 304, date of Wednesday, November 6, 2002, that prevent State candidates from and to argue that both limits cannot the day after the 2002 elections. After spending non-Federal money on ads serve the same interests of preventing that date, no further soft money will that mention Federal candidates. Can corruption. Congress has concluded be raised. The November 6, 2002, effec- the sponsors clarify how these provi- that contributions in excess of $2,000 tive date will permit an orderly transi- sions might affect a State candidate present a risk of actual and apparent tion to the new soft money free world. spending money on an ad that touts corruption. Section 304 does not take Now as to the transition rules, we do that candidate having received the en- issue with this conclusion. In this lim- allow soft money that the parties raise dorsement of a Federal candidate or of- ited context, however, Congress has before November 6, 2002, to be used on ficeholder? concluded that the contribution lim- expenses incurred in connection with Mr. FEINGOLD. I am pleased to have its—despite their fundamental impor- the 2002 elections, and we intend that the opportunity to clarify this provi- tance in fighting actual and apparent permission to apply to runoff elections, sion, which is one of a number of provi- corruption—should be relaxed to miti- recounts, or election contests arising sions in the soft money ban intended to gate the countervailing risk that they out of this year’s elections as well. We prevent new loopholes for spending soft will unfairly favor those who are will- also do not intend the bill substantive money from developing. New § 323(f)(1) ing, and able, to spend a small fortune provisions concerning advertising, such prohibits State candidates and office- of their own money to win election. as Title II and the ‘‘stand by your ad holders from spending non-Federal We believe that Congress can reason- provisions’’, wealthy candidates, sec- money on public communications that ably determine that in the case of a tions 304, 316, and 319, and contribu- refer to a clearly identified candidate
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2143 for Federal office, regardless of wheth- communications should make it fairly the provisions of the bill dealing with er a State candidate is also mentioned. easy to comply with this requirement. electioneering communications permit This restriction, however, only applies HOUSE-PASSED CAMPAIGN FINANCE LEGISLATION the FEC to promulgate regulations to to communications that promote, sup- Mr. FEINGOLD. Madam President, as exempt certain communications that port, attack or oppose the Federal can- my colleagues are aware, the House are clearly not related to an election didate, regardless of whether the com- passed the McCain-Feingold/Shays- and do not promote or attack can- munication expressly advocates a vote Meehan campaign finance reform bill didates. I also endorse that discussion, for or against a candidate. in the early morning hours of February which appears in the RECORD of Feb- Thus, it is not our intention to pro- 14, 2002. The bill that we are debating ruary 13, 2002, at pages H410–411. hibit State candidates from spending today, and that we will pass and send Mr. MCCAIN. I agree with my friend non-Federal money to run advertise- to the President this week, is the exact from Wisconsin that these statements ments that mention that they have bill that the House passed. During the express our intent in this bill quite been endorsed by a Federal candidate debate on the bill, Congressman CHRIS- well. or say that they identify with a posi- TOPHER SHAYS of Connecticut spoke on SECTION 301 tion of a named Federal candidate, so the floor at some length about the Mr. LIEBERMAN. Madam President, long as those advertisements do not compelling need for the Congress to can the sponsors clarify section 301 of support, attack, promote or oppose the ban soft money. He related the enor- the bill concerning the conversion of Federal candidate, regardless of wheth- mous growth of soft money over the campaign funds to personal use, and in er the communication expressly advo- last decade and the appearance of cor- particular whether any change from cates a vote for or against a candidate. ruption that these unlimited contribu- current law was intended concerning The test for whether a communication tions from unions, corporations, and the ability of candidates to transfer ex- is covered by § 323(f)(1) will be whether wealthy individuals cause. Using exam- cess campaign funds to their parties? the advertisement supports or opposes ples such as the Enron debacle, the Mr. FEINGOLD. Section 301 of the the Federal candidate rather than sim- Hudson Casino controversy, the to- bill amends 2 U.S.C. section 439a to ply promoting the candidacy of the bacco industry, and the infamous specify which candidate expenditures from campaign funds would be consid- State candidate who is paying for the Roger Tamraz, Congressman SHAYS il- communication. That will be up to the lustrated how soft money damages pub- ered an unlawful conversion of a con- FEC to determine in the first instance, lic confidence in the legislative proc- tribution or donation to personal use. The language continues to allow can- but I believe that State candidate will ess. He includes statements from didates to use excess campaign funds be able to fairly easily comply with former Members of Congress of the for transfers to a national, State or this provision. All we are trying to pre- power of money in providing access to local committee of a political party. It vent with this provision is the laun- lawmakers and the public cynicism is the intent of the authors that—as is dering of soft money through State that results when these stories become the case under current law—such candidate campaigns for advertise- known. transfers be permitted without limita- ments promoting, attacking, sup- Mr. SHAYS’ remarks appear in the tion. Furthermore, while the provision porting or opposing Federal candidates. CONGRESSIONAL RECORD of February 13, is intended to codify the FEC’s current SECTION 212 2002 at pages H351–H353. I entirely regulations on the use of campaign Mr. LEVIN. Madam President, sec- agree with Mr. SHAYS’ statement. In funds for personal expenses, we do not tion 212 of the bill modifies reporting my view, it explains very well the ap- intend to codify any advisory opinion requirements for independent expendi- pearance problem that soft money cre- or other current interpretation of tures. Can the sponsors discuss the ates and provides an excellent jus- those regulations. changes to current law that they in- tification for the action we are about tend to make in this section? to take in this bill. SOFT MONEY FINANCING OF STATE PARTY OFFICE BUILDINGS Mr. MCCAIN. I would be happy to ex- Mr. MCCAIN. I agree with my friend Mr. THOMPSON. Madam President, I plain this provision. Section 212 is in- from Wisconsin, and I endorse Mr. note that the bill deletes a provision of tended to increase the disclosures of SHAYS’ discussion on the reasons that current law that permits national independent expenditures. Current law Congress must act to ban soft money. party committees to raise soft money require such reports to be filed within Let me also call to my colleagues’ at- to pay for their office buildings. Can 24 hours of the making of expenditure tention a statement that Mr. SHAYS the sponsors discuss the intent of the aggregating $1,000 or more, if the made on February 13, 2002, concerning law concerning the raising of non-Fed- threshold amount of expenditures is the functioning of the soft money ban, eral money by State parties for their reached within the last 20 days before and in particular, the Levin amend- office buildings? an election. We add a provision requir- ment. The Levin amendment con- Mr. FEINGOLD. The Senator is cor- ing disclosure within 48 hours if inde- cerning state parties’ use of nonfederal rect that as part of the soft money ban, pendent expenditures totaling $10,000 funds was added to the bill here on the the legislation deletes language in cur- or more are made prior to the 20th day floor last year. It was modified, and in rent law expressly excluding donations before the election. my view improved, on the House side. to a national or state party committee As part of the Department of Trans- My colleague from Wisconsin and I par- specifically to finance the purchase or portation appropriations bill for 2001, ticipated in the negotiations that construction of a party office building Public Law No. 106–46, Congress re- yielded the final terms of the Levin from the definition of ‘‘contribution.’’ quired that these ‘‘24 hour reports’’ be amendment contained in the House Accordingly, a national party com- received by the Commission within 24 bill. Mr. SHAYS explains quite well the mittee may no longer receive non-Fed- hours, rather than simply mailed with- way that the Levin amendment in the eral donations for the purpose of pur- in that time, which is the standard in- final bill is supposed to function, and chasing or constructing any party of- terpretation of the term ‘‘filing’’ in the the restrictions, or what some have fice building, or for any other purpose. law. We do not intend in §212 to change called ‘‘fences,’’ that we hope and be- Likewise, Federal law will no longer that requirement. Because these re- lieve will prevent the Levin amend- allow a State or local party committee ports are very time sensitive, we be- ment from becoming a new soft money to receive non-Federal donations to lieve they should be received by the loophole. Mr. SHAYS’ discussion ap- purchase or construct a State or local Commission within the time period pears in the RECORD on pages H408–H410 party office building where such dona- specified. Indeed, we believe that the on February 13, 2002. tions would violate that State’s laws Commission should have the authority Mr. FEINGOLD. I thank the senior relating to permissible sources and to require any other time sensitive re- Senator from Arizona for highlighting amounts of non-Federal donations to port required by this bill, such as the that particular part of the legislative such a party committee. 24 hours reports required under §§ 304 history. I also believe Mr. SHAYS does The bill does not, however, regulate and 319 also to be received within 24 an excellent job of explaining how the State or local party expenditures of hours. The ready availability of fax Levin amendment is supposed to work. non-Federal donations received in ac- machines and other forms of electronic In addition, Mr. SHAYS discussed how cordance with State law on purchasing
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2144 CONGRESSIONAL RECORD — SENATE March 20, 2002 or constructing a State or local party didate and his campaign. The second their spending on behalf of a candidate office building. It is the intent of the Colorado Republican case held that with a candidate or a party, such authors that State law exclusively gov- Congress may limit the size of coordi- spending is indistinguishable from a di- ern the receipt and expenditure of non- nated expenditures made by parties on rect contribution to that candidate or Federal donations by State or local behalf of their candidates, in order to party. Accordingly, such coordinated parties to pay for the construction or deter corruption and the appearance of spending by outside groups is, and purchase of State or local party office corruption that could result from un- should be, treated as a contribution to buildings. Thus, non-Federal donations limited expenditures that are coordi- the candidate or party that benefits received by a State or local party com- nated. from such spending. As such, it is sub- mittee in accordance with State law This provision fully recognizes the ject to the source and amount limita- could be used to purchase or construct right of the parties to make unlimited tions under federal law for contribu- a State or local party office building independent expenditures. But it helps tions to federal candidates and their without any required match consisting to ensure that the expenditure will be parties. An effective restriction on out- of Federal contributions. truly independent, as required by Colo- side groups coordinating their cam- CLARIFYING TERMS IN THE BILL rado Republican I, by prohibiting a paign-related activities with federal Ms. COLLINS. Madam President, I party from making coordinated ex- candidates and their political parties is would like to ask the sponsors a ques- penditures for a candidate at the same needed to prevent circumvention of the tion concerning the term ‘‘refers to’’ in time it is making independent expendi- campaign finance laws. certain provisions of the bill. I have tures for the same candidate. We be- The bill bans soft money contribu- heard the argument made that the defi- lieve that once a candidate has been tions to the national political parties, nitions of ‘‘Federal election activity’’ nominated a party cannot coordinate which totaled $463 million during the and ‘‘electioneering communication’’ with a candidate and be independent in 2000 election cycle. Specifically, under are somehow vague because they are the same election campaign. After the the bill, corporations and unions can defined to include a communication date of nomination, the party is free to no longer donate amounts from their treasuries to the national parties, and that ‘‘refers to a clearly identified can- choose to coordinate with a candidate, wealthy individuals can no longer didate for Federal office.’’ Can the or to operate independently of that write six-figure checks to the national sponsors address that argument? candidate. If it chooses the former, it is parties. The legislation shuts down the Mr. FEINGOLD. I would be happy to subject to the limits upheld in Colo- soft money loophole in order to prevent respond to my friend from Maine, and I rado Republican II. If it chooses the the corruption and unseemly appear- appreciate her question. In the bill, the latter, it is free to exercise its right ances that arise when national parties phrase ‘‘refers to’’ precedes the phrase upheld in Colorado Republican I to en- and Federal officeholders solicit unlim- ‘‘clearly identified’’ candidate. That gage in unlimited hard money spending latter phrase is precisely defined in the ited donations from special interests independent of the candidate. and then spend those donations to sup- Federal Campaign Election Act to Section 213 provides, for this purpose mean a communication that includes port federal candidates. only, that all the political committees Absent a meaningful standard for the name of a federal candidate for of- of a party at both the state and na- what constitutes coordination, the soft fice, a photograph or drawing of the tional levels are considered to be one money ban in the bill would be seri- candidate, or some other words or im- committee for the purpose of making ously undermined. In the place of out- ages that identify the candidate by this choice. This will prevent one arm side special interests donating six-fig- ‘‘unambiguous reference.’’ A commu- of the party from coordinating with a ure checks to the national parties to be nication that ‘‘refers to a clearly iden- candidate while another arm of the spent on Federal elections, these enti- tified candidate’’ is one that mentions, same party purports to operate inde- ties could simply work in tandem with identifies, cites, or directs the public pendently of such candidate. This pro- the parties and Federal candidates to to the candidate’s name, photograph, vision is intended to ensure that a spend their own treasury funds—soft drawing, or otherwise makes an ‘‘un- party committee which chooses to en- money—on federal electioneering ac- ambiguous reference’’ to the can- gage in unlimited spending for a can- tivities. This would fly in the face of didate’s identity. didate is in fact independent of the one of the main purposes of the bill to SECTION 213 candidate. get national parties and Federal can- Mr. THOMPSON. Madam President, I Mr. FEINGOLD. I agree with the didates out of the business of raising would like to ask the sponsors to ex- Senator from Arizona’s answer to the and spending soft money donations. plain section 213 of the bill concerning question from the Senator from Ten- Unfortunately, based on a single dis- independent and coordinated expendi- nessee. trict court decision, the Federal Elec- tures made by party committees. Can SECTION 214 tion Commission’s current regulation the sponsors also discuss how this pro- Mr. LIEBERMAN. Madam President, defining when general public political vision is consistent with the Supreme I would like to ask the sponsors a ques- communications funded by outside Court’s decision in the Colorado cases? tion concerning section 214 of the bill, groups are considered coordinated with Mr. MCCAIN. I would be happy to re- which deals with coordination. Some candidates or parties fails to account spond to the Senator’s question. Sec- concern has been expressed about this for certain types of coordination that tion 213 of the bill allows the political provision by outside groups that par- may well occur in real-world cam- parties to choose to make either co- ticipate in the legislative process paigns. The FEC regulation is premised ordinated expenditures or independent through lobbying and grassroots adver- on a very narrowly defined concept of expenditures on behalf of each of their tising and also participate in election- ‘‘collaboration or agreement’’ between candidates, but not both. This choice is eering through their PACs, or cur- outside groups and candidates or par- to be made after the party nominates rently, through sham issue ads. Can ties. its candidate, when the party makes the sponsors explain what is intended This current FEC regulation fails to its first post-nomination expenditure— by section 214, and answer the concerns cover a range of de facto and informal either coordinated or independent—on expressed by some of these organiza- coordination between outside groups behalf of the candidate. tions? and candidates or parties that, if per- This provision is entirely consistent Mr. FEINGOLD. I would be happy to mitted, could frustrate the purposes of with the Supreme Court’s rulings in address this question, and I thank the the bill. For example, if an individual the two Colorado Republican cases. In Senator from Connecticut for raising involved in key strategic decision- the first of those cases, the Court held it. It is important that our intent in making for a candidate’s political ad- that a party had a constitutional right this provision be clear. vertising resigned from the candidate’s to make unlimited independent ex- The concept of ‘‘coordination’’ has campaign committee, immediately penditures, using hard money funds, on been part of Federal campaign finance thereafter joined an outside organiza- behalf of its candidates. But of course, law since Buckley versus Valeo. It is a tion, and then used inside strategic in- those party expenditures must be fully common-sense concept recognizing formation from the campaign to de- and completely independent of the can- that when outside groups coordinate velop the organization’s imminent soft
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2145 money-funded advertising in support of miss many cases of coordination that restrictions contained in the bill. The the candidate, a finding of coordination result from de facto understandings. FEC is required to issue a new regula- might very well be appropriate. The Accordingly, section 214 states that the tion, and everyone who has an interest FEC regulation, however, would find Commission’s new regulations ‘‘shall in the outcome of that rulemaking will coordination neither in this cir- not require agreement or formal col- be able to participate in it, and appeal cumstance nor in various other situa- laboration to establish coordination.’’ the FEC’s decision to the courts if they tions where most reasonable people This, of course, does not mean that believe that is necessary. would recognize that the outside enti- there should not be a finding of ‘‘co- CONTRIBUTIONS BY MINORS ties’ activities were coordinated with ordination’’ in those cases where there Ms. COLLINS. Madam President, I candidates. This would leave a loophole is ‘‘agreement or formal collabora- wanted to ask the sponsors about a that candidates and national parties tion.’’ But it does mean that specific provision that was not included in the could exploit to continue controlling discussions between a candidate or Senate bill—the prohibition on con- and spending huge sums of soft money party and an outside group about cam- tributions by minors. Can you explain to influence federal elections. paign-related activity can result in a the justification for this new provi- The dangers of coordinated soft finding of coordination, without an sion? money spending were noted by Senator ‘‘agreement or formal collaboration.’’ Mr. MCCAIN. The Senator is correct FRED THOMPSON during his Commit- Existing law provides that a cam- that section 318 was added in the tee’s review of 1996 election activity. paign-related communication that is House. It is an important provision, The Minority Report of the Senate coordinated with a candidate or party and the Senator from Wisconsin and I Committee on Governmental Affairs is a contribution to the candidate or supported it being included in the bill. states: party, regardless of whether the com- Under the FEC’s current regulations The fact that coordination of soft money munication contains ‘‘express advo- at 11 C.F.R. § 110.1(i)(2), children under spending and fundraising has become com- cacy.’’ Accordingly, the bill provides the age of 18 may make contributions monplace and expected should be examined that an ‘‘electioneering communica- to political candidates and committees by Congress. By permitting such coordinated tion’’ that is coordinated with a can- as long as the child knowingly and vol- efforts to raise soft money and spend it on didate or party is considered a con- untary makes the decision to con- political activities that advance the inter- ests of presidential campaigns, the federal tribution to the candidate or party. tribute. In addition, the child must election laws create a tremendous loophole Mr. MCCAIN. If the Senator from make the contribution out of his or her to both contribution limits and spending Wisconsin would yield, let me elabo- own funds, which the child is in control limits. As the Chairman [Senator Thompson] rate a bit on his discussion, with which of, such as the proceeds of a trust or has acknowledged: I completely agree, and address the money in a savings account in the Acceptance of this activity would allow specific concern raised by some of child’s own name. any candidate and his campaign to direct these groups. Unfortunately, notwithstanding and control the activities of a straw man It is important for the Commission’s these regulations, we believe that .... For such activity, these straw men could use funds subject to no limit and de- new regulations to ensure that actual wealthy individuals are easily circum- rived from any source .... If the interpre- ‘‘coordination’’ is captured by the new venting contribution limits to both po- tation is that this is legal and this is proper, regulations. Informal understandings litical candidates and parties by direct- then we have no campaign finance system in and de facto arrangements can result ing their children’s contributions. In- this country anymore. in actual coordination as effectively as deed, the FEC in 1998 notified Congress To remedy this problem, the bill re- explicit agreement or formal collabora- of its difficulties in enforcing the cur- quires the FEC to reexamine the co- tion. In drafting new regulations to im- rent provision. Its legislative rec- ordination issue and promulgate new plement the existing statutory stand- ommendations to Congress that year coordination rules. These rules need to ard for coordination—an expenditure cited ‘‘substantial evidence that mi- make more sense in light of real life made ‘‘in cooperation, consultation or nors are being used by their parents, or campaign practices than do the current concert, with, or at the request or sug- others, to circumvent the limits im- regulations. The bill accordingly re- gestion of’’ a candidate—we expect the posed on contributors.’’ peals this FEC regulation and requires FEC to cover ‘‘coordination’’ whenever Accordingly, Section 318 of the bill that the Commission promulgate a re- it occurs, not simply when there has prohibits individuals 17 years old or placement regulation. The bill does not been an agreement or formal collabora- younger from making contributions or change the basic statutory standard for tion. donations to and a candidate or a com- coordination, which defines and sets On the other hand, nothing in the mittee of a political party. parameters for the FEC’s authority to section 214 should or can be read to We believe it is appropriate for Con- develop rules describing the cir- suggest, as some have said, that lob- gress to prohibit minors from contrib- cumstances in which coordination is bying meetings between a group and a uting to campaigns because we agree deemed to exist. candidate concerning legislative issues with the Commission that there is sub- Section 214 directs the FEC to pro- could alone lead to a conclusion that stantial evidence that individuals are mulgate new regulations on coordi- ads that the group runs subsequently evading contribution limits by direct- nated communications and lists four concerning the legislation that was the ing their children to make contribu- specific subjects that the FEC must ad- subject of the meeting are coordinated tions. According to a Los Angeles dress in those new regulations. It does with the candidate. Obviously, if the Times study, individuals who listed not dictate how the Commission is to group and the candidate discuss cam- their occupation as student contrib- resolve those four subjects. paign related activity such as ads pro- uted $7.5 million to candidates and par- On one issue, section 214 does direct moting the candidate or attacking his ties between 1991 and 1998. Upon further the outcome of the Commission’s delib- or her opponent, then coordination investigation, some of these contribu- erations on new regulations. The cur- might legitimately be found, depending tions where made by infants and tod- rent FEC regulations say that a com- on the nature of the discussions. We do dlers. In another instance, the paper munication will be considered to be not intend for the FEC to promulgate found that two high school sisters con- ‘‘coordinated’’ if it is created, produced rules, however, that would lead to a tributed $40,000 to the Democratic or distributed ‘‘after substantial dis- finding of coordination solely because Party in 1998. When asked about the cussion’’ between the spender and the the organization that runs such ads has contribution, the high school sopho- candidate about the communication, previously had lobbying contacts with more answered that it was a ‘‘family ‘‘the result of which is collaboration or a candidate. decision.’’ agreement.’’ This standard is now con- Section 214 represents a determina- We believe that this and other exam- tained in 11 C.F.R. § 100.23(c)(2)(iii). tion that the current FEC regulation is ples justify the prohibition on minor The FEC’s narrowly defined standard far too narrow to be effective in defin- contributions that is included in the of requiring collaboration or agree- ing coordination in the real world of bill as a way to prevent evasion of the ment sets too high a bar to the finding campaigns and elections and threatens contribution limits in the law. In our of ‘‘coordination.’’ This standard would to seriously undermine the soft money view, this provision simply restores the
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2146 CONGRESSIONAL RECORD — SENATE March 20, 2002 integrity of the individual contribution says the donations made by his children are Not all of the students listed by the FEC limits by preventing parents from fun- legal because they each have accounts in are minors. Some are university undergradu- neling contributions through their their names from which the money is drawn, ates, law students, and even politicians. children, many of whom are simply too even though some of them are not aware of In the last election cycle, Maryland Lt. the contributions. Gov. Kathleen Kennedy Townsend (D) do- young to make such contributions ‘‘We have custodial accounts set up for all nated $250 to the Senatorial campaign of her knowingly. our children,’’ William Baxter said. uncle, Ted Kennedy, while she was listed as We recognize that many individuals The money in the children’s accounts has a student, according to FEC documents. under the age of 18 support candidates accumulated through inheritance and annual Jennifer Croopnick, 24, of Newton Mass., with great fervor and feel passionately gifts from their parents, according to their was surprised to find out that she had do- about public issues. We do not mean to father. William Baxter said he has control of nated $1,000 to Rep. Joe Kennedy (D-Mass). suggest that children should not be the money in the accounts and has made ‘‘I don’t know what you’re talking about,’’ able to participate in the political sys- some of the withdrawals for the children’s said Croopnick, who was then a graduate political contributions. student at New York University. ‘‘I never do- tem. They are free to volunteer on The FEC would not comment on the spe- nated money for any campaigns. I don’t have campaigns and express their views cific case, but Stirton said that not only much money.’’ through speaking and writing. We sim- must all donations by minors be made know- Though Croopnick said she hasn’t person- ply believe that allowing them to con- ingly and willingly but that the money can’t ally donated any money for political cam- tribute to candidates presents too be given to minors for the sole purpose of paigns in the past, she did offer a solution as great a risk of abuse, especially since making political contributions. to where the funding may have come from. the existing, more limited, FEC regula- ‘‘People can’t just donate money in the ‘‘I’m not exactly sure how those donations names of others, ‘‘Stirton said. ‘‘It would were made,’’ she said. ‘‘My father probably tion has failed to prevent such abuse. make the laws of disclosure ineffective.’’ made the donation in my name.’’ Mr. FEINGOLD. I thank the Senator In the past the FEC has investigated inci- Croopnick’s father Steven, an employee of from Arizona for his remarks on this dents in which campaign donations have LTC Management in Cambridge, didn’t re- topic. I agree that this provision ad- been made without the named contributor’s turn numerous phone calls, and his wife dresses a serious problem of abuse that consent. No specific cases were mentioned by Bonnie had no comment regarding the con- has been amply demonstrated. Stirton, but he said that parents who are tribution. Mr. MCCAIN. Madam President, I ask found to have knowingly and willingly bro- A statement released last week by Ken- unanimous consent that several news ken these FEC laws could face up to $10,000 nedy’s office read: ‘‘We made a great deal of reports detailing numerous instances in civil penalties or an amount equal to 200 effort to make sure every contribution is percent of any contribution made. in which wealthy individuals have cir- proper. We have never knowingly accepted All the donations made by the Baxter chil- any improper contribution. We assume that cumvented contribution limits by di- dren were in amounts of $1,000 and consisted when we receive a contribution, the donor recting their children’s campaign con- of contributions to Thompson’s Sensational knows they have made it. tributions be printed in the RECORD. campaign and Alexander’s presidential bid. ‘‘In this case, it was a donation from a 24- There being no objection, the mate- ‘‘It’s very admirable,’ William Baxter said year-old individual. We had no reason to be- rial was ordered to be printed in the about his family’s contributions. ‘‘I think lieve she was unaware of the contribution.’’ RECORD, as follows: more people should make contributions. A real change took place during the last elec- SUNDAY REPORT; MINOR LOOPHOLE; YOUNG MEMBERS CASH INONKID CONTRIBUTIONS tion, and I’m glad we were a part of that DONORS ARE INCREASINGLY PADDING POLIT- (By Alex Knott) change.’’ ICAL COFFERS. OFFICIALS FEAR THAT CHIL- Nine-year-old John Baxter of Knoxville, Thompson’s spokesman, Paul Clark, said DREN ARE BEING USED TO EVADE ELECTION Tenn., didn’t even know that he had donated the Baxter children may have forgotten LAWS $2,000 in 1994 to Republican Fred Thompson’s about their donations because of their age. (By Alan C. Miller, Times Staff Writer) Senatorial campaign. Yet he’s one of the ‘‘It was a year ago, and it appears that 2,100 students whose names appear at the they were fully aware of the contributions,’’ At age 10, Skye Stolnitz of Los Angeles Federal Election Commission as having Clark said. ‘‘It’s not some laundering oper- contributed $1,000 to the 1996 presidential made campaign contributions in the 1993–94 ation.’’ campaign of Republican Lamar Alexander. election cycle. Clark also said that Thompson’s campaign Her dad said the funds came from Skye’s per- The third-grader at Shannon Dale Elemen- officials tried to be ‘‘extremely careful to sonal checking account. tary School has donated $3,000 to political follow FEC regulations.’’ Asher Simon was 9 years old when he gave campaigns since he was eight years old, ac- Thompson was fourth among the top ten $1,000 each to Sen. Dianne Feinstein (D- cording to FEC records. Members to receive campaign funds from do- Calif.) and two other Democrats in 1994. ‘‘I don’t know about that,’’ said Baxter. nors listed as students in the 1993–94 election Asher’s mother said the boy ‘‘supports can- ‘‘My dad takes the money out of our ac- cycle, with the attorney/actor-turned-politi- didates he agrees with.’’ counts.’’ Baxter said he’s never heard of the cian raking in more than $25,000. Lindsey Tabak, then 15, donated $20,000 to ‘‘Contract with America,’’ and did not know A Roll Call study of FEC records from that the Democratic Party in 1996. Asked about whether Thompson is a Republican or a Sens. Ted Kennedy (D-Mass), with $63,300 in the source of the money, Lindsey said: ‘‘I Democrat. Though many parents make dona- contributions; Bill Frist (R-Tenn), $43,500; know it was in my name.’’ These youngsters tions on behalf of their children without and Frank Lautenberg (D-NJ), led the pack are part of a developing trend in the world of their participation, the FEC warns that in student donations last cycle. political money: contributors who donate these donations are illegal unless made with Rounding out the top ten were Thompson, generously even though they’re not old the child’s full knowledge. $25,800, and Sens. Spencer Abraham (R- enough to drive a car or register to vote. On According to Ian Stirton, an FEC public af- Mich), $25,750; Kay Bailey Hutchison (R- paper at least, children and high school and fairs spokesman, students who are minors Texas), $25,500; Joseph Lieberman (D-Conn), college students gave a total of $7.5 million can legally contribute funds to federal elec- $24,250; Dianne Feinstein (D-Calif), $23,900; in political donations from 1991 through 1998, tions, ‘‘but it says in the law that the dona- John Kerry (D-Mass), $23,500; and Chuck according to a Times study of federal elec- tions must be make ‘knowingly and will- Robb (D-Va), $20,250. tion records. ingly.’ ’’ For attorney Loren Hershey, of Falls In many cases, as with Skye, Asher and ‘‘Now for an 8-year-old to be able to make Church, Va., campaign giving is also a fam- Lindsey, the children’s donations came on these contributions, ‘knowingly and will- ily affair. He and his three children have the same day or about the same time that ingly,’ they would be pretty precocious, but made 22 contributions totaling $26,000, over their parents gave the maximum contribu- it is legal for them to do so,’’ Stirton said. the last five years. tion allowed under federal law. ‘‘I guess I’m into politics a little,’’ Baxter Hershey says that his children made their Campaign finance experts say the practice said. He is not alone. His older brother Jo- donations knowingly and willingly and that of student giving has become one of the most seph, 11, says that he also has made dona- they ‘‘participated in the decisions’’ to make blatant ways that affluent donors cir- tions to a couple of campaigns recently. contributions to the campaigns. cumvent federal limits. ‘‘I’ve heard that I’ve given money to (GOP Hersey’s three children have donated ‘‘This is an area of great abuse where you presidential candidate and former Tennessee $10,000 since 1992, including his daughter have the absurd situation of small children Gov.) Lamar Alexander and to Fred Thomp- Amelia, 11, who began her generosity to poli- supposedly contributing their own money to son, but I don’t know how much I gave ticians with a $1,000 donation to the Clinton a candidate of their own choice,’’ said Don- them,’’ Joseph Baxter said. for President Committee at the age of eight. ald J. Simon, executive vice president of the Their older sisters Jennifer, 12, and Eliza- Amelia, who is a fifth-grader at Bailey’s watchdog group Common Cause. ‘‘Obviously, beth, 14, have also made political donations. School for the Arts and Sciences, during the in many cases, what’s going on is simply a Together, the four children have donated a 1993–94 election cycle also made $1,000 con- way for the parents to beat the contribution total of $12,000 in the last three years. tributions to the campaigns of Sen. Chuck limits.’’ Their father, William Baxter, is the presi- Robb (D-Va) and former Rep. Leslie Byrne Parents interviewed for this story insisted dent of Holston Gases Inc. in Knoxville. He (D-Va). that the children contributed their own
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2147 funds and were not part of any scheme to ‘‘It was my decision based on what I Both major political parties have benefited skirt federal limits. But the Federal Election thought was in her best interest,’’ said from student donors. Since 1991, Democrats Commission has regarded student giving as Skye’s father, Scott A. Stolnitz, a dentist in have raked in $4.3 million and Republicans such a potentially serious loophole that it Marina del Rey. ‘‘I felt that Lamar Alex- received $2.7 million. has urged Congress to ban donations by mi- ander at the time had the solutions for edu- Many of the student contributors were old nors, based on the ‘‘presumption that con- cation in America, which I was very con- enough to attend college, according to public tributors below age 16 are not making con- cerned about on behalf of my daughter.’’ records and interviews. Some of these donors tributions on their own behalf,’’ according to He said that the $1,000 came from Skye’s contributed to the same campaigns, in simi- the commission’s 1998 legislative rec- checking account, which he funds. Stolnitz lar amounts and at the same times as their ommendations. said that he discussed the donation with his parents. Federal law places no minimum age on do- daughter, ‘‘even at that tender age. I told her CONTRIBUTIONS OFTEN MATCH PARENTS’ nors but requires that the funds be ‘‘owned what I was doing and why. She did not ob- Take the case of Steven P. St. Martin. The or controlled exclusively’’ by contributors ject.’’ son of a wealth Louisiana attorney, he gave and that they give ‘‘knowingly and volun- He said he was ‘‘not aware’’ of federal laws a total of $35,000 to various Democratic cam- tarily.’’ Also, parents are specifically prohib- that require donors to make such decisions paigns between 1991 and 1998 when he was a ited from giving money to their children to on their own and had no intention of exceed- college and law school student. His contribu- make political donations. ing contribution limits. tions often matched those of his father, Mi- In each election, the law allows individual When young Asher Simon made $1,000 con- chael X. St. Martin, his mother or his broth- donors of any age to give $1,000 to a can- tributions to Feinstein, then-House Speaker ers, records show. didate and $20,000 to a political party in so- Thomas S. Foley (D-Wash.) and then Rep. ‘‘I make my contributions completely on called hard money, which can only be used to Lee H. Hamilton (D-Ind.) in 1994, both his my own,’’ said Steven St. Martin, now an at- advocate the election or defeat of specific parents also gave to the same candidates torney in Houma, La. He declined to explain candidates. There are no contribution limits during the same election cycle, including the the correlation between his donations and on ‘‘soft money’’ donated to the parties for a maximum to Feinstein and Foley. This was those of his family. ‘‘It’s kind of personal,’’ broad range of political uses. the only time that Asher, who is now 13, he said. The analysis, conducted for The Times by made a federal contribution, records show. Two estranged daughters of Dallas billion- the independent Campaign Study Group of Herbert Simon, Asher’s father, is a leading aire Harold C. Simmons alleged that their Springfield, Va., shows that young contribu- developer of shopping malls and, along with father used trust funds to make political tors are giving increasingly large amounts to his brother, owns the Indiana Pacers profes- contributions in their names without their federal candidates and campaign commit- sional basketball team. Diane Meyer Simon, permission. This was part of a broader law- tees. Since 1991, donors identified as ‘‘stu- a former Democratic National Committee suit claiming that Simmons squandered the dents’’ made 8,876 federal contributions of member, said that her son ‘‘comes from a trusts on various expenses. $200 or more and in 163 instances gave $5,000 very political family that has a long tradi- The trust for one daughter, Andrea Sim- or more. tion of supporting candidates.’’ mons Harris, gave $36,500 to Republican can- Student donors gave nearly $2.6 million for The Simons, who own homes in Indianap- didates between 1991 and 1993 when she was a the 1996 presidential election—a 45% increase olis and Santa Barbara, have donated nearly student in her mid-20s, records show. Sim- over 1992. Complete computerized data for $1 million to candidates and party commit- mons and other family members usually the 1998 elections are not yet available. tees since 1991, records show. made the maximum legal donations to the The study understates the full extent of Asher’s four older siblings gave an addi- same recipient on the same day. donations by minors because political com- tional $40,750. Rachel and Sarah Simon con- Simmons, who denied wrongdoing, agreed mittees often fail to report a contributor’s tributed the same amounts to the same can- last year to pay his adult daughters $50 mil- occupation as required by law and donors are didates as Asher when they were about 14 lion each to drop the suit seeking his re- not asked to provide their ages. The Times and 12, records show. moval as trustee of the family fortune. identified the ages of donors through public ‘‘Whatever payments were made were in At the other end of the ‘‘student’’ spec- records and interviews. trust accounts and accounted for properly,’’ trum are the diaper donors. ONLY ONE PARENT FINED SINCE 1975 said Robert F. Wagner, an attorney for Diane Bradford Bainum was 18 months old when Meyer Simon. ‘‘This is a very, very decent Youthful donors attract little scrutiny he made the first of four contributions to family.... There was no intent to do any- from the FEC, which is responsible for civil Democratic candidates in 1992 and 1993, thing improper.’’ enforcement of U.S. election laws. The agen- records show. He gave $4,000 by the time he The FEC permits political donations from cy rarely investigates allegations arising was 2. a trust fund but requires that the beneficiary form donations by minors: Since 1975, it has His father, Stewart Bainum Jr., executive make the donation ‘‘knowingly and volun- investigated and closed only four such cases, of a nursing home chain and former Mary- tarily.’’ The key to the propriety of such a levying one $4,000 fine against a parent for land state senator, acknowledged donating donation is how much control the bene- donating money through a child. in the name of his son as well as exceeding ficiary exercises over the trust fund, election Representatives for the Democratic and contribution limits in a 1997 settlement with law attorneys said. Republican parties said they do not solicit the FEC. He paid a penalty of $4,000. contributions from the children of donors. HIGH SCHOOL SISTERS GIVE $40,000 TO PARTY This is the only time since the current Yet veteran campaign operatives, speaking Lindsey Tabak was a high school sopho- campaign finance system was established in on the condition of anonymity, said that more and her sister, Lauren, a senior in Liv- 1975 that the FEC fined a donor in a case in- major donors are often reminded that family ingston, N.J., when each contributed $20,000 volving contributions by a minor. members may also contribute. While profes- to the Democratic Congressional Campaign The FEC may impose penalties up to the sional fund-raisers are instructed to inform Committee on Oct. 29, 1996. Twelve days ear- amount of a contribution for giving in the such donors of the legal requirements, other lier, their parents, Mark H. Tabak and Judy name of another person or twice the amount individuals soliciting contributions may Wais Tabak, each gave the maximum legal if the transgression is knowing and willful. ‘‘forget the niceties,’’ one longtime Demo- donation to the committee. The agency may also find that a parent ex- cratic campaign advisor said. Campaign fi- Lindsey said her contribution ‘‘was like a ceeded the contribution limit by donating nance experts even have a name for the prac- family decision that we would donate the through a child. tice: ‘‘family bundles.’’ money to the Democratic Party.’’ ‘‘It’s not an easy area of the law to en- The sponsors of the sweeping bipartisan Asked whose money it was, she replied: force,’’ said Ian Stirton, an FEC spokesman. campaign finance bill that passed the House ‘‘It’s like the family’s . . . I’m not sure ‘‘Somebody has to know this is going on.’’ last year included a provision that would where it came from. I know it was in my Still, the agency has acknowledged serious have banned all donations to candidates and name.’’ concerns over the practice of student giving. political parties from individuals under 18. Mark Tabak, who manages a firm that in- Lois G. Lerner, the FEC’s associate general The bill stalled in the Senate. The sponsors vests in international health-care ventures, counsel, said that, while commission mem- reintroduced the legislation last month with said that the money came from his daugh- bers have not yet addressed this issue, the the same proposed ban on child donors. ter’s trust funds, a portion of which is ear- agency ‘‘has realized in recent years that The Times study found at least four donors marked for political and charitable contribu- people are trying to get as much money into age 10 or under who gave $1,000 or more. In tions. He called it ‘‘a collective decision’’ to the process as they can and this is an area two additional cases that were previously re- help the Democrats try to retain control of where it’s pretty easy to do so.’’ ported, donors were so politically precocious Congress. Parent donors may also trip over state that they were still in diapers. ‘‘I assure you that this was not a scam to election laws. ‘. . . ON BEHALF OF MY DAUGHTER’ bypass hard-money limits,’’ Tabak said, not- Al Checchi, the multimillionaire former On Jan. 25, 1996—the same day her parents ing that he and his wife could have given un- Northwest Airlines chairman who ran for made identical donations—Skye Stolnitz, limited sums of soft money to the Demo- governor of California last year, acknowl- then 10, gave $1,000 to the Republican presi- cratic group. Political parties prefer hard- edged in 1997 that he arranged two contribu- dential primary campaign of former Ten- money donations because of the restrictions tions in the names of his children without nessee Gov. Alexander. imposed on how they spend soft money. their knowledge.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2148 CONGRESSIONAL RECORD — SENATE March 20, 2002 Checchi’s business partner, who controlled Amount: $20,000 But in 2001, the U.S. Senate held a the Checchi children’s trust accounts, sent Date: Oct. 17, 1996 genuine debate on campaign finance re- $500 checks in the names of Adam and Kris- Donor, Recipient and Parents: (Parents) form that embraced multiple points of tin Checchi to the 1990 gubernatorial pri- Judy Wais Tabak (mother) view on the issue. Amendments were Amount: $20,000 mary campaign of Democrat John K. Van de considered and debated on their merits. Kamp. That same day, Checchi and his wife Date: Oct. 17, 1996 each gave Van de Kamp $1,000, the legal limit Explanation: The contribution ‘‘was like a The underlying bill changed dramati- under California law at the time. family decision that we would donate money cally. The Senate reached a conclusion Checchi said the children—ages 12 and 9 at to the Democratic Party,’’ Lindsey said. that could not have been predicted be- the time—were unaware of the donations. He * * * * fore the debate began. This conclusion did not correspond to said he did not know that such donations Donor, Recipient and Parents: (Student) would pose a problem; they were returned by Elizabeth Heyman (age 7) the ideal system of even a single Sen- the campaign. Amount: $1,000 ator. In reviewing the 28 votes that we Campaign finance experts said that some Date: Sept. 26, 1988 cast on that bill, I found that I had dis- parent donors, who are unfamiliar with the Donor, Recipient and Parents: (Recipient) agreed with the position of every other intricacies of election laws, may unwittingly Sen. Joseph I. Lieberman (D-Conn.) Senator at least five times during the use their children as conduits. Donor, Recipient and Parents: (Parents) Kenneth A. Gross, an election law attorney votes. I expect that most other Sen- Samuel J. Heyman (father) ators would find that they also took a and former FEC enforcement chief, said that Amount: $2,000** his advice for clients is simple: ‘‘I certainly unique path through the bill. We all Date: Dec. 12, 1987 have our own ideas about what a cam- discourage any giving by children.’’ Donor, Recipient and Parents: (Parents) THE BOOK ON STUDENT GIVING Ronnie F. Heyman (mother) paign finance system should look like. Contribution between 1991 and 1998: Amount: $2,000** Although, I do not support every provi- Number of federal campaign contributions: Date: Dec. 15, 1987 sion of this bill, on balance, I believe 8,876 (Includes only contributions of $200 or Explanation: ‘‘The children were asked and that it is a constructive attempt to im- more.) they thought it was a great idea,’’ said Mi- prove a deeply flawed campaign finance Total amount contributed by students: $7.5 chael Kempner, a spokesman for the system. million. Heymans. Even as we move to pass this bill it Number of students contributing a total of * * * * is important to admit the limitations $5,000 or more: 163. Donor, Recipient and Parents: (Student) of our work. The compromise bill be- Source: Federal Election Commission Benjamin Lipman (age 9) records. fore us will not bring an end to corrup- Amount: $1,000 tion or attempts to influence politi- DEEP POCKETS, SHORT PANTS Date: June 19, 1987 cians improperly. We should be skep- Each of these students gave the same max- Donor, Recipient and Parents: (Recipient) tical of both extravagant claims of suc- imum donations to federal candidates or po- Pierre S. ‘‘Pete’’ du Pont IV for President litical parties as their parents. Their parents Donor, Recipient and Parents: (Parents) cess and dire predictions of disaster. or representatives defended the contribu- Ira A. Lipman (father) This update was necessary, in part tions, saying that the money was their chil- Amount: $1,000 because the lines between soft and hard dren’s that the youths contributed volun- Date: June 18, 1987 money were becoming indistinguish- tarily and that the parents were not trying Donor, Recipient and Parents: (Parents) able. The development of so-called to evade federal limits by giving through Barbara Lipman (mother) ‘‘victory funds’’ and other schemes for their children. Amount: $1,000 transferring party soft money to can- Donor, Recipient and Parents: (Student) Date: June 18, 1987 didates was undermining the meaning- Skye Stolnitz (age 10*) Explanation: That was a way ‘‘to expose fulness of hard money contribution Amount: $1,000. the children to political candidates and get limits. In addition, soft money fund- Date: Jan. 25, 1996 them involved in the process,’’ Ira Lipman Donor, Recipient and Parents: (Recipient) said. raising clearly had been linked to mal- Lamar Alexander for President All ages given were at time of donation feasance in the 1996 presidential elec- Donor, Recipient and Parents: (Parents) Total includes maximum contributions for tion and had assumed a role within the Dr. Scott A. Stolnitz (father) both primary and general elections campaign finance structure that al- Amount: $1,000 Sources: Analysis of Federal Election Com- most guaranteed future instances of Date: Jan. 25, 1996 mission records by the Campaign Study campaign finance violations and im- Donor, Recipient and Parents: (Parents) Group, other public records and interviews proper influence. Cindy B. Stolnitz (mother) CONTRIBUTION PROPOSAL BY FEC Amount: $1,000 The bill also takes the important Date: Jan. 25, 1996 This is the Federal Election Commission’s step of raising contribution limits for Explanation: ‘‘It was my decision based on 1998 recommendation for legislation to pro- candidates facing an opponent who what I thought was in her best interest,’’ her hibit contributions by minors: commits large amounts of personal father said. Recommendation: The commission rec- wealth to a campaign. Our current ommends that Congress establish a presump- * * * * * campaign finance system ensures huge tion that contributors below age 16 are not advantages for independently wealthy Donor, Recipient and Parents: (Student) making contributions on their own behalf. Asher Simon (age 9) Explanation: The commission has found candidates, because their personal Amount: $1,000 that contributions are sometimes given by funds are not subject to contribution Date: Sept. 12, 1994 parents in their children’s names. Congress limits. Parties now spend a great deal Donor, Recipient and Parents: (Recipient) should address this potential abuse by estab- of energy recruiting millionaires to run Sen. Dianne Feinstein (D–Calif.) lishing a minimum age for contributors, or for office, because it is the simplest Donor, Recipient and Parents: (Parents) otherwise provide guidelines ensuring that way to apply millions of dollars—some- Herbert Simon (father) parents are not making contributions in the Amount: $1,000 times tens of millions—to a political name of another. race virtually free of regulation. As Date: May 12, 1994 Source: FEC Annual Report Donor, Recipient and Parents: (Parents) more restraints on fundraising are Diane Meyer Simon (mother) Mr. LUGAR. Madam President, I rise added, the incentive to recruit million- Amount: $1,000 today to speak on the campaign fi- aire candidates increases. The risk is Date: Oct. 21, 1993 nance reform bill that is before us. I that personal wealth will become a Explanation: Asher ‘‘supports candidates have been involved in elections for the qualification for candidacy—particu- he agrees with,’’ his mother said. school board, for mayor of a major larly with respect to the Senate. The * * * * * city, for the U.S. Senate, and for the millionaires amendment in this bill Donor, Recipient and Parents: (Student) Republican presidential nomination. will not eliminate the advantage of Lindsey Taback (age 15) My experiences suggest that our wealthy candidates, but it will sub- Amount: $20,000 present system is outdated and often stantially reduce the current incen- Date: Oct. 29, 1996 distorted. Yet I have never believed Donor, Recipient and Parents: (Recipient) tives that place personal wealth near Democratic Congressional Campaign Com- that we should pass a bill just because the top of qualifications for candidacy. mittee it has been labeled ‘‘reform.’’ As dys- Despite some excellent provisions, Donor, Recipient and Parents: (Parents) functional as our current campaign fi- this bill will not be implemented with- Mark H. Tabak (father) nance system is, it can be made worse. out concern. The history of campaign
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2149 finance law does not provide optimism that campaign contributions have been shape the debate in a race, and they that restrictions aimed at preventing corrupting in some very important most certainly are intended to shape the entry of money into politics will cases. the outcome. succeed. Our experience has been that Campaign finance is an issue that de- Those ubiquitous television ads are when one inlet for political money is mands elevated debate on the nature of purchased by all kinds of organized closed or narrowed, that money flows freedom of speech and fair elections— special interests to persuade the Amer- into the system through other inlets. the most basic instruments of our de- ican people to vote for or against a By increasing hard money limits left mocracy. Reasonable people should be candidate. These ads, usually negative, untouched since the mid-1970s, the bill able to differ on prescriptions without often inaccurate, are driving the polit- encourages some soft money contribu- questioning each other’s motivations ical process today. Do they violate the tions to flow toward hard money, the or integrity. The U.S. Senate should spirit of the campaign finance laws in most accountable form of political con- strive to be a model of civility and rea- this country? They certainly do. But, tribution. But we also will see in- soned deliberation on this issue. don’t take my word for it. Listen to the creases in money flowing through in- Mr. KERRY. Madam President, today executive director of the National Rifle terest groups and non-candidates who we take an important first step toward Association’s Institute for Legislative seek to influence an election but who reforming our campaign finance sys- Action, who said, ‘‘It is foolish to be- cannot be held accountable by voters tem. After an election in which $3 bil- lieve there is a difference between issue at the polls. lion was spent in an effort to elect or advocacy and advocacy of a political In addition, any campaign finance re- defeat candidates, we are finally tak- candidate. What separates issue advo- form proposal must come to grips with ing action to attempt to make our cacy and political advocacy is a line in the U.S. Constitution and its guarantee campaign finance laws meaningful. the sand drawn on a windy day.’’ The bill that we are sending to the of freedom of speech. Protection of po- However, there are predictable con- President takes a step toward reform. litical speech was at the heart of the sequences from this legislation that It is important to know that it is also founding of our nation. We have little will not be positive and will require firmly rooted in prior laws. Federal law leeway in passing laws that regulate further attention to the issue of cam- has prohibited corporations from con- the amount or content of political ex- paign finance reform. tributing to Federal candidates since pression. The fact that Congress is The money spent on the 2000 election should come as a surprise to no one. 1907. Labor unions likewise have been charged in the Constitution with the barred from contributing to candidates responsibility to hold elections does Soft money, an important target of this bill, has increased at a remarkable since 1943. In addition, the post-Water- not relieve it from the requirement gate campaign finance law caps indi- that it do so in a manner that is con- pace. Year after year, there has been a steady and dramatic increase in the vidual contributions at $25,000 per cal- sistent with free speech. endar year, and permits individuals to I do not believe that it is possible for amount of money raised and spent on give no more than $20,000 to a national Congress to write a comprehensive elections. For example, in 1992, Demo- party, $5,000 to a political action com- crats raised $30 million in soft money. campaign finance bill in this era with- mittee, and $2,000 to a candidate. These In 1996, the Democrats more than tri- out stimulating a Court challenge. limits were put in place after the coun- pled that amount and raised $107 mil- With the passage of this bill, Congress try learned a hard lessen about the cor- lion in soft money. In the 2000 Demo- has made a good faith attempt to im- rupting influence of money in politics. prove disclosure and protections crats raised $243 million in soft money. Nowhere in these laws are there any The Republican party has consist- against corruption. However, even pro- provisions for soft money. That aberra- ently proven itself to have even more ponents should admit that this bill tion came into play in 1978 when the fund-raising prowess than the Demo- raises legitimate First Amendment Federal Election Commission gave the crats, but the trends are exactly the questions that will have to be reviewed Kansas Republican State Committee by the Supreme Court. same, with substantial increases year permission to use corporate and union This bill will not be the end of the after year. In 1992, the Republican funds to pay for a voter drive benefit- campaign finance debate. I am hopeful, party raised $45 million in soft money. ting Federal as well as State can- however, that our experience with In 1996, they raised $120 million in soft didates. The costs of the drive were to McCain-Feingold will improve the con- money. And in 2000, the Republican be split between hard money raised duct of future debate. Too often, de- party raised $244 million in soft money. under Federal law and soft money spite good intentions by many partici- The American people have become al- raised under Kansas law. The FEC’s de- pants, the debate on campaign finance most numb to these kinds of staggering cision in the Kansas case gives parties reform has not always been construc- figures, and they have come to expect the option to spend soft money any tive. Too often the debate has centered fund-raising records to be broken with time a Federal election coincides with on simplistic absolutes and cynical im- each election cycle. And, what is far a State or local race. A creation not of plications that all money is corrupting. worse for our Democracy is that the Congress, but of a weak, politically We know that virtually every reform public also believes that this money motivated Federal agency, soft money proposal involves complex trade-offs buys access and influence that average is a loophole to our system that is long between preventing corruption and pro- citizens don’t have. overdue for eradication. tecting Constitutionally-guaranteed In addition to the overwhelming Despite what the foes of this bill freedoms of political expression. Amer- amounts of soft money that were claim, banning soft money contribu- icans don’t like to think in these terms raised and spent in 2000, hundreds of tions does not violate the Constitution. because we want to believe that meas- millions of dollars were also spent on The Supreme Court in Buckley versus ures to prevent corruption and ensure so-called issue ads. Now, I’m not talk- Valeo held that limits on individual freedom of speech are goals that should ing about television ads that truly dis- campaign contributions do not violate not be subject to compromise. We don’t cuss the issues of the day. I’m talking the first amendment. If a limit of $1000 like the idea of having to make hard about ads that air just before an elec- on contributions by individuals was choices that might result in less free- tion that show candidates, surrounded upheld as constitutional, then a ban on dom or more corruption. by their families, American flags wav- contributions of $10,000, $100,000 or $1 Those who support stricter campaign ing in the background, that tell of the million is also going to be upheld. finance laws should admit that many candidates’ service to the Nation, or Buckley, too, said that the risk of cor- such proposals raise legitimate Con- heroic actions during a war. Anyone ruption or the appearance of corrup- stitutional questions, negatively im- who sees an ad like this believes it is a tion warranted limits on individual pact First Amendment freedoms of ex- campaign ad. But, because of a quirk in campaign contributions. Soft money pression, and could produce unintended the law, even these most blatant of contributions to political parties can consequences for political participa- campaign ads are called issue ads. As be limited for the same reason. tion. Those who have supported the such, the contributions that pay for Like soft money, issue advocacy has status quo, must recognize that our them are unlimited and relatively un- a history that defies the intent of cam- current system is seriously flawed and disclosed. Yet, in many cases, these ads paign finance laws. In what remains
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2150 CONGRESSIONAL RECORD — SENATE March 20, 2002 the seminal case on campaign finance, ing candidates to more cautiously takes only a small step forward is nec- Buckley, the Supreme Court held that spend their resources. It might encour- essary to begin to restore the dwin- campaign finance limitations applied age more debates, as was the case in dling faith the average American has only to ‘‘communications that in ex- my own race against Bill Weld in 1996, in our political system. We can’t go on press terms advocate the election or and it would certainly focus the can- leaving our citizens with the impres- defeat of a clearly identified candidate didates’ voter education efforts during sion that the only kind of influence left for Federal office.’’ A footnote to the the period shortly before the election, in American politics is the kind you opinion says that the limits apply when most voters are tuned in, instead wield with a checkbook. I believe this when communications include terms of starting the campaign 18 months be- bill reduces the power of the check- ‘‘such as ‘vote for,’ ‘elect,’ ‘support,’ fore election day. book and I will therefore support it. ‘cast your ballot for,’ ‘Smith for Con- Shays/Meehan takes an important Mr. DURBIN. Madam President, gress,’ ‘vote against,’ ‘defeat,’ ‘re- step that begins to tackle the problems today we are at the pivotal point where ject.’ ’’ The phrases in the footnote of soft money and issue advocacy. I long-sought meaningful campaign fi- have become known as the ‘‘magic support this legislation that has been nance reform is finally within reach. words’’ without which a communica- championed by two very able col- It’s been a winding journey spanning tion, no matter what its purpose or im- leagues, but I would note one serious seven years. I am pleased to have been pact, is often classified as issue advo- shortcoming of the bill. It won’t curb part of the quest, and proud to have cacy, thus falling outside the reach of the rampant spending that drives the been an original cosponsor of the the campaign finance laws. quest for money. Unfortunately, we all McCain-Feingold bills since my arrival Until the 1992 election cycle, most recognize that creating spending limits in the Senate in January 1997. for-profit, not-for-profit, and labor or- is not a simple proposition. In the 1976 It was a privilege to have been part ganizations did not attempt to get into Buckley case, the Supreme Court of the two-week historic debate last electoral politics via issue advocacy. struck spending limits as an unconsti- March. As I remarked last year, the That year, one advocacy group pushed tutional restriction of political speech. open and freewheeling debate on the envelope and aired what was, for An important caveat to its decision is amendments in which we engaged was all intents and purposes, a negative that spending limits could be imposed truly the United States Senate at its campaign ad attacking Bill Clinton. in exchange for a public benefit. I wish finest, and an experience I had hoped to Because the ad never used Buckley’s we had at our disposal a number of bar- enjoy when I sought this office. ‘‘magic words,’’ the Court of Appeals gaining chips, public benefits that we This bill isn’t a magic elixir. It won’t decided that the ad was a discussion of could trade in exchange for spending cure all ills. No one has suggested it is issues related rather than an exhor- limits. However, unless the Supreme a gleaming pot at the end of the rain- tation to vote against Clinton in the Court reverses itself, something I am bow. Personally, I am disappointed that it upcoming Presidential election. certainly not expecting in the near fu- That ad and others like it opened the ture, we must accept that if we want to doesn’t include what I think is an es- flood gates to more so-called issue ad- limit the amounts spent on campaigns, sential ingredient of true reform: en- vocacy in 1996, when countless special we must provide candidates with some suring non-preemptible lowest unit broadcast rates for candidates, which interests started overwhelming the air- sort of public grant. this body approved overwhelmingly by waves with millions of dollars in ads I realize that a lot of my colleagues a vote of 69–31 on March 21, 2001, one that looked like campaign ads, but, be- aren’t ready to embrace public funding year ago tomorrow. Until we deal with cause they avoided those magic words, as a way to finance our campaigns. But both sides of the equation, the supply were deemed issue-ads. it is, in my opinion, the best constitu- Opponents of this proposal will also tional means to the important end of and the demand, I do not believe we argue that any effort to control or limiting campaign spending and the will have solved the whole problem of limit sham issue ads would violate the contributions that go with it. Ulti- money in politics. But this bill does go a long way to First Amendment. They argue that as mately, I would support a system that change the system set up over 27 years long as you don’t use the so-called provides full public funding for polit- ago, a system which over time has been ‘‘magic words’’ in Buckley, such as ical candidates. I will continue to sup- severely exploited and eroded so far be- ‘‘vote for’’ or ‘‘vote against,’’ you can port clean money as the ultimate way yond the intent of Congress that the say just about anything you want in an to truly and completely purge our sys- levels of unregulated soft money are advertisement. But that is simply not tem of the negative influence of cor- growing at a far faster rate than in- what the Supreme Court said in Buck- porate money. I would also support a creases in hard, regulated dollar dona- ley. It said that one way to identify partial public funding system as a way tions. campaign speech that can be regulated to wean candidates from their reliance I stand in support of this bill and is by looking at whether it uses words on hard money and get them used to urge my colleagues to join me in vot- of express advocacy. But the Court campaigning under generous spending ing to send this bill to President Bush. never said that Congress was precluded limits. I offered an amendment to I also salute and congratulate Sen- from adopting another test so long as McCain/Fiengold that would have pro- ators RUSS FEINGOLD and JOHN MCCAIN, it was clear, precise and narrow. vided sweeping reform in the form of a valiant partners in a tireless, seven- A final argument opponents of re- partial public funding system, but I year roller-coaster ride loaded with form like to make is that we spend less recognize that we are a long way away some spills and turns, filled with a few on campaigns than we do on potato from enacting such a program. Never- detours and disappointments. These chips or laundry detergent. But I would theless I will continue to support and two leaders are true models of how bi- ask the proponents of this argument work for that type of reform as a way partisan tenacity and determination whether what we are seeking in our de- to end the cycle of unlimited money can triumph over adversity. I trust mocracy is electioneering that has no being raised and spent on our elections. that the history books will reflect how more depth or substance than a snack This bill is a way to break free from their persistence and stewardship on food commercial. Despite the ever-in- the status quo. However, as with any this issue truly made a positive dif- creasing sums spent on campaigns, we reform measure, there are always going ference and profound impact. have not seen an improvement in cam- to be possibilities for abuse. The fact To them, I say, thank you. The paign discourse, issue discussion or that some people will try to skirt the American people owe you a debt of voter education. More money does not law is not a reason for us to fail to gratitude. mean more ideas, more substance or take this incremental movement to- Mr. KENNEDY. Madam President, as more depth. Instead, it means more of wards repairing the system. But, it the Senate concludes debate on cam- what voters complain about most. does mean we must ensure that this paign finance reform, I want to com- More 30-second spots, more negativity the first, rather than the last, step for mend Senator DASCHLE for his leader- and an increasingly longer campaign fundamental reform. I have supported ship in bringing this important issue to period. Less money might actually im- campaign finance reform for 18 years a successful conclusion. I thank Sen- prove the quality of discourse, requir- and I believe that even legislation that ator MCCAIN and Senator FEINGOLD for
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2151 their commitment and hard work in this reason, I will vote against the lat- expression is an attempt to limit crafting meaningful, bipartisan cam- est attempt at campaign finance ‘‘re- speech. Political speech is speech, plain paign finance reform legislation. form.’’ and simple. The enormous amounts of special in- I oppose this legislation on two Efforts to regulate political speech terest money that flood our political grounds. First, the bill creates new are the real reason we’re here in the system have become a cancer in our de- loopholes for groups to exploit, and first place. Today’s abuses are the nat- mocracy. The voices of average citizens fails to create a level playing field in ural consequence of past attempts to can barely be heard. Year after year, the political process. Second, the bill suppress free speech. Current campaign lobbyists and large corporations con- continues to impose unconstitutional finance laws are complex and anti- tribute hundreds of millions of dollars restrictions upon every American’s quated. to political campaigns and dominate right to free speech and association. We need to be enforcing the laws that the airwaves with radio and TV ads After 7 years of debate over this legis- are currently on the books. We need to promoting the causes of big business. lation, we are still left with a fun- make sure that every political con- During the 2000 election cycle alone, damentally flawed bill that attempts tribution is accounted for, and that according to Federal Election Commis- to strip away long-held protections disclosures are immediately posted for sion records, businesses contributed a cherished by Americans and restrict public scrutiny. Clearly the American total of $1.2 billion to political cam- access to the marketplace of ideas. public has a right to know who is pay- paigns. A Wall Street Journal article I am particularly dismayed that the ing for ads, and who is attempting to reported that $296 million, almost two- proponents of this legislation have de- influence elections. Sunshine is what thirds of all ‘‘soft money’’ contribu- cided to create loopholes and excep- the political system needs—not restric- tions given in the last election, came tions for 501(c)(4) organizations. Some tions on basic rights. from just over 800 people, each of whom would suggest that the bill bans ‘‘issue The debate over campaign finance gave an average of $120,000. With sums ads’’ from corporate and nonprofit in- ‘‘reform’’ is not over, and I look for- of money like this pouring into our po- terest groups 30 days before a primary, ward to swift review of this measure by litical system, it’s no surprise that the and 60 days before a general election. the Federal judiciary. I am confident average American family earning Yet, the crafters of the language have that the courts, again, will protect the $50,000 a year feels alienated from the allowed non-profit advocacy groups, rights of citizens and preserve the system and questions who’s fighting 501(c)(4) organizations, a free shot at openness of our political system. for their interests. candidates and limited restrictions on Mr. NELSON of Nebraska. Madam The first step in cleaning up our sys- their poisonous ‘‘issue ads.’’ As long as President, I rise today to talk about tem is to close the gaping loophole their advertisement is not targeted, by campaign finance reform. that allows special interests to bypass name, at a political candidate, they As a veteran of four statewide cam- existing contribution limits and give face no restriction 60 days, or even 1 paigns, I believe, as many of my col- huge sums of money directly to can- day, before an election. leagues do, that the current campaign didates and parties. These so-called These independent groups will be al- finance laws are—in a word—defective. ‘‘soft-money’’ contributions have be- lowed to accept special interest con- Our country was founded on the prin- come increasingly influential in elec- tributions, and then fill the airwaves ciples of freedom and justice. As I see tions. From 1984 to 2000, soft money with issue ads—often distorting facts it, the present system for financing contributions have sky-rocketed from in their attempt to attack a can- federal campaigns undermines those $22 million to $463 million—an increase didate’s record. While these ads will very principles. of over 2000 percent. We cannot restore not name a specific candidate, so as to I believe that in its current form, the accountability to our political system, not be deemed ‘‘targeted’’ communica- campaign finance system tends to ben- until we bring an end to soft money. tions, they will continue to influence efit politicians who are already in of- McCain-Feingold does just that. elections in the favor of special inter- fice—-some folks call it incumbent in- Another vital component of meaning- est groups. surance. I prefer to call it a problem. ful reform is ending special interest Also, I continue to object to the pro- Thus, I whole-heartedly believe that gimmickry in campaign advertising. ponents’ efforts to extinguish constitu- the time has come for meaningful cam- Today, corporations, wealthy individ- tionally protected free speech rights. paign finance reform. Before us today, uals, and others can spend unlimited The last time Congress passed through we have a bill that purports to fix the amounts of money running political a ‘‘reform’’ bill, in 1974, the Supreme system. Unfortunately, I do not believe ads as long as they do not ask people to Court eviscerated a majority of the the Shays-Meehan bill does the job. In vote for or against a candidate. These provisions. They explicitly rejected as fact, in some respects, I think this bill phony issue ads, which are often con- unconstitutional efforts to have the will make the current system worse. fusing and misleading, have become Government regulate ‘‘issue advo- In the effort to find a culprit for the the weapon of choice in the escalating cacy,’’ limit independent expenditures, faults in the present campaign finance war of negative campaigning. The lim- and mandate limits on campaign system, soft money has become a its McCain-Feingold places on these spending. scapegoat. While I agree that unlim- ads will help clean up the system and The Buckley Court wrote that: ited soft money contributions raise im- make it more accountable to the Amer- in a republic where the people [not their portant questions, banning soft money ican people. legislators] are sovereign, the ability of the to the parties would be unproductive Although the reforms in the McCain- citizenry to make informed choices among and, ultimately, ineffective. Chances Feingold bill are not a magic bullet candidates for office is essential, for those are, if we succeed at blocking the flow that will solve all our problems, they elected will inevitably shape the course that of soft money from one direction, it do represent important and long over we follow as a nation. will eventually be funneled into cam- due changes to the system. Passage of Participating in government—get- paigns from another. campaign finance reform legislation is ting your voice heard, so to speak—is Furthermore, some soft money con- also a signal to the American people one of the most valuable and treasured tributions are used for get-out-the-vote that their elected representatives can rights that each citizen enjoys. This is efforts—for the promotion of voter reg- and will put the interests of the people particularly true when an individual or istration and party building—valuable above those of wealthy special inter- group wants to express their views dur- efforts that encourage voter participa- ests. ing the election of those who govern. tion. Though some changes were made Mr. MURKOWSKI. Madam President, Citizens, candidates, groups, and na- to ease the inevitable burden on GOTV I rise to elaborate on my vote on H.R. tional parties all should have a voice in and voter registration efforts, as a 2356, the latest effort at campaign fi- elections and government. It is at that practical matter, the effects will still nance ‘‘reform.’’ I voted against the moment, the moment when there is a be devastating to the political parties McCain-Feingold bill earlier this Con- true marketplace of ideas, that democ- and their activities. gress, and I see little improvement in racy lives up to its meaning. Any at- A more realistic approach in lieu of the bill we are currently debating. For tempt to stifle comments, criticism, or banning soft money would be to cap
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2152 CONGRESSIONAL RECORD — SENATE March 20, 2002 the contributions at $60,000, as pre- Accordingly, I simply cannot vote for priate that, in exchange for the lucra- scribed by the Hagel-Nelson bill that this bill. tive stewardship of the public airwaves, we debated and voted upon last year. I Mr. CORZINE. Madam President, broadcasters provide candidates access would have offered that proposal as an today the Senate approved historic leg- to the airwaves at a discounted rate. It amendment again this year, but I can islation that will change the way we is unfortunate that because Shays- count the votes as easily as everyone manage our democracy in the new cen- Meehan does not include the Torricelli else. It failed last year, 60–40. The votes tury. The changes called for in the provision, the lowest unit charge simply aren’t there. I dislike this bill, McCain-Feingold/Shays-Meehan legis- amendment will not become law at this but I don’t want to hold up the inevi- lation are long overdue and vitally im- time. table. portant to restoring the integrity of But, this should not and will not be For that reason, I do support cloture our electoral process. the last time campaign finance reform on this bill. Although I believe it is For the past several years, the is debated on the Senate floor. We have fundamentally flawed, the bill before amount of unregulated soft money in many more important campaign fi- us should be allowed to stand or fall on our campaign system has reached stag- nance issues to explore, from improv- its own merits—on a final vote that de- gering proportions. Soft money has had ing the access of candidates to broad- cides the direction this issue will take the insidious effect of holding too cast media to introducing aspects of once and for all. We’ve been at a stale- many political candidates accountable public financing into the system. I look mate on this issue for too long and it is to large individual donors rather than forward to continuing to work to im- time to move on. the people they are elected to rep- prove the system. As an individual who has spent a lot resent. In the 1999–2000 campaign sea- Having said that this legislation is of time on the campaign trail, I have son, $495.1 million poured into the cof- an important step in the right direc- put a great deal of thought into what I fers of both the Democrats and the Re- tion. I was proud to support it. And I believe is the right direction for cam- publicans. This was a truly bipartisan again congratulate my colleagues, Sen- paign finance reform. My campaign ex- problem, and now we have a truly bi- ators FEINGOLD and MCCAIN, for their perience with one group in particular partisan solution. Soft money was a outstanding leadership. has bolstered my support for efforts to scourge on our political process that Mr. SARBANES. Madam President, limit so-called ‘‘issue ads.’’ This orga- we are much better off without. last spring, after years of debate and nization, funded by secret, undisclosed Before I go further, let me express delay, a majority of the Senate agreed contributors, ran issue ads throughout my gratitude to two brave Senators: with the American public that our sys- my campaign distorting my position on RUSS FEINGOLD of Wisconsin and JOHN tem of campaign financing needs repair one issue, which was unrelated and ir- MCCAIN of Arizona. We all know that it and passed a significant campaign fi- relevant to their purported purpose. was through their tireless work and nance reform bill. Last month, the This group was accountable to no one their laser-like focus that this piece of House of Representative passed similar and did not have to disclose its true legislation has become law. By the campaign finance reform legislation. agenda. Because it operated in virtual time I arrived in the Senate a little Now the Senate has taken up this secrecy, it was impossible to hold them over a year ago, the groundwork had House bill, and today this body will accountable for distorting the truth. already been laid. The traps had al- pass a comprehensive campaign finance It only follows that I am pleased with ready been run. Year after year, the reform bill. This legislation is long the Snowe-Jeffords provision in the bill two Senators who lent their names to overdue. before us, which addresses some of the McCain-Feingold came to the Senate With every passing election cycle, problems created by so-called issue ads floor to deliver stirring oratory on the money plays a greater and greater role, funded by special interest groups and importance of this legislation. But no and we run the risk of weakening the corporations. This provision will hold bill was passed. They visited with their public’s trust in our democratic system these groups more accountable for colleagues in closed-door meetings. But of government. In short, our constitu- their ads by imposing strict broad- many Senators remained unconvinced. ents are losing faith in our ability to casting regulations and increasing dis- Now—finally—these two stalwarts can serve their interests over the interests closure requirements, effectively put- move on to other issues. McCain-Fein- of those who contribute to our cam- ting light where the sun doesn’t shine gold has passed, and for that, they have paigns. People are growing cynical in issue advocacy. my deepest gratitude and admiration. about public life. They are staying Unfortunately, as many of my col- As happy as I am about the passage away from the polling place in increas- leagues have pointed out, this provi- of this legislation, I would be remiss if ingly large numbers, in large part due sion is arguably the most susceptible I did not voice my regret at the failure to the perception that money, rather to being struck down as unconstitu- of the final legislation to include a pro- than the popular will, drives electoral tional by the Supreme Court. If the vision to address the skyrocketing cost outcomes. Under these circumstances, Shays-Meehan bill had a non-severable of campaign advertisements. In recent meaningful campaign finance reform clause that would protect it from selec- years, television networks have reaped becomes necessary to protect our sys- tive dissection by the Supreme Court— tremendous profits by exploiting the tem of government and our way of life. which we unsuccessfully tried to in- importance of broadcast advertising in While no legislation can completely clude in the McCain-Feingold bill last the final weeks of a modern campaign. solve the problems in our campaign year—I would be much more inclined The price of airtime has become pro- system, this campaign finance reform to support this bill. hibitive to cash-strapped campaigns. bill makes real progress in the fight It now seems likely that parts of this And the simple fact of the matter is against corruption. I wish to express bill will be struck down in court, cre- that media costs drive campaign costs. my dismay that this issue requires a ating, in effect an off-balance piece of Any solution to the campaign finance cloture vote. The Senate debated this legislation that will penalize some problem is fundamentally incomplete if legislation for two weeks last year, and groups—the political parties—while it fails to address what drives the de- voted 59–41 to pass it. Yet, some Repub- giving ‘‘issue advocacy’’ groups more mand for campaign money: expensive lican Senators still seem bent on de- influence. This will alter the very basis media. railing this bill, a bill that is clearly of our political system and give dis- During Senate consideration of the will of the House of Representa- proportionate power to the least ac- McCain-Feingold, I was proud to co- tives, the Senate, and most impor- countable groups around. sponsor an amendment introduced by tantly, the American people. After the I cannot support any legislation that the senior senator from New Jersey, cloture vote, the Senate will be able to will not only not fix our current prob- Mr. TORRICELLI. That amendment do what it should have done long ago, lems but will create new ones by put- would have required television net- pass meaningful campaign finance re- ting candidates of all parties at the works to offer candidates for federal of- form legislation. mercy of these shadow groups, while at fice commercial time that cannot be Mr. DOMENICI. Madam President, I the same time taking away much of preempted at the lowest price offered rise today to speak about campaign fi- their ability to respond. to any advertiser. It is only appro- nance reform. I want to express my
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2153 concerns about this legislation and ex- Perhaps my greatest concern is about Most importantly, both bills get so- plain why I decided to vote for it in the constitutionality of the provision called ‘‘soft money’’ out of Federal spite of those concerns. that prohibits ‘‘electioneering commu- elections. The bill we are about to pass I believe there are problems with the nication’’ within the last 60 days of a prohibits all soft money contributions way we finance campaigns in this coun- general election or 30 days of a pri- from corporations, labor unions, and try. Many Americans feel there is too mary. There is very little doubt that individuals to the national political much money in politics. They believe the constitutionality of this and other parties or candidates for Federal office. this money is a corrupting influence on provisions will be challenged shortly Furthermore, State political parties the politicians they send to represent after this legislation is signed into law. that are permitted under State law to them in Washington, D.C. Reports of Fortunately, the expedited review collect these unregulated contributions politicians taking money from foreign clause requires anyone who challenges would be prohibited from spending sources, while already illegal, has the constitutionality of this legislation them on any activities relating to a served to strengthen the perception file suit in the U.S. District Court for Federal election. that money rules the political process. the District of Columbia. A three-judge The soft money ban is the most sig- The large number of extremely panel will decide the case and any ap- nificant, and necessary, campaign fi- wealthy candidates who spend large peal will be directly to the U.S. Su- nance reform we can make. Soft money amounts of their own money to finance preme Court. This expedited review threatens to overwhelm our system their campaigns reinforces this percep- process will ensure that all questions and the public’s confidence in its integ- tion. Many people believe that can- about the constitutionality of this leg- rity. didates are attempting to buy their islation will be resolved swiftly so that In 1988, Michael Dukakis, the Demo- way into office. For that reason, I am any unconstitutional provisions are cratic candidate for President, and very pleased that the version we will be quickly stricken. Vice President Bush, the Republican voting on contains my wealthy-can- Normally, the Senate would have the candidate, raised a total of $45 million didate provision. By enacting this com- opportunity to make the small changes in unregulated soft money donations. mon sense provision, the playing field that most agree would make this legis- Just 8 years later, President Clinton will be leveled for candidates who are lation much more effective. I am dis- raised $124 million and the Republican not able to spend unlimited amounts of appointed that the most adamant Sen- candidate for President, former Sen- their own money. Instead, this legisla- ate proponents of this legislation ator Dole, raised $138 million. tion will raise the limits on contribu- bunkered down to prevent any im- In the 1999–2000 election cycle, Demo- tions to their campaigns in proportion provements. I understand that they are crats raised $245 million, and Repub- to the amount of personal money that concerned about the success of this leg- licans raised just under $250 million. the wealthy candidate spends. islation should it go to back to the One of the very biggest soft money Reports of large donations by cor- House or to conference. Unfortunately, donors during the 1999–2000 cycle was porations and unions lead many to be- this concern will probably prevent us Enron. lieve that access to politicians is for from doing as good a job as we should In its 1976 ruling in Buckley versus sale only to the highest bidders. Many have. This leaves us with two dis- Valeo, the Supreme Court upheld lim- will argue that a few corrupt politi- appointing choices: send an imperfect its on so-called ‘‘hard money’’ cam- cians are the problem rather than the bill to the President or do nothing at paign contributions. The Court argued system. I believe this is true, but for all. I will vote for this legislation be- that such contributions, unregulated, many disenchanted voters, perception cause I believe in this instance we could lead to corruption through quid is reality. Because people are disgusted must at least take a step forward. pro quo relationships, or at least the with the system, many choose not to Mrs. FEINSTEIN. Madam President, appearance of corruption, which is also participate. Our system is lesser for the Senate is poised to pass H.R. 2356, harmful to a democracy. that lack of participation. the bipartisan campaign finance re- Well, if we are worried about corrup- It is for these reasons that I have de- form bill. The momentum for the bill is tion, or the appearance of corruption, cided to vote for Campaign Finance Re- building. The President has indicated with regard to hard money contribu- form. that he is inclined to sign this bill. We tions, which are limited and disclosed, When I voted for McCain-Feingold in could be on the brink of enacting the we ought to be doubly worried about the Spring of last year, I did so with first significant campaign reforms in a soft money contributions, which can be reservations. I also expressed my hope generation. unlimited, and are largely undisclosed. that the House would improve on it I would like to make a couple of ob- Fortunately, we are about to put an and, if it came back to the Senate, we servations: First, I want to salute the end to soft money contributions. would have an opportunity to clear up sponsors of S. 27, the Senate com- The soft money ban will work be- any remaining problems. panion measure, Senators MCCAIN and cause we came to a reasonable com- While this legislation did pass the FEINGOLD. We are considering this bill promise with regard to raising some of House, and the House did improve it in only because of the sheer force of their the existing hard money contribution some ways, the House did not address collective will. They have suffered in- limits by modest amounts, and index- all of my concerns. In the original Sen- numerable set-backs pushing for this ing those limits for inflation. ate-passed version, we added the Levin legislation over the past several years. I am proud that I helped to negotiate amendment so State parties could But they never got discouraged; they that compromise, along with the senior compete with other outside groups. Un- never let up. Their dedication to this Senator from Tennessee and several fortunately, the House weakened this cause has been extraordinary. other Members from both sides of the provision, and now the State parties Second, numerous public opinion aisle. will be at a significant disadvantage polls have indicated that the American The Senate voted 84–16 to approve when it comes to promoting candidates people overwhelmingly support cam- the compromise we worked out. and issues. I think it is only fair that paign reform, but do not rank the issue Our compromise: doubles the limit on these two groups should be able to as a priority. I think that’s because hard money contributions to individual compete on a level playing field. they have grown discouraged about the candidates from $1,000 per election to An additional concern I have with likelihood of Congress passing such re- $2,000 per election; increases the annual this legislation is the ‘‘Coordination’’ form. Maybe, just maybe, we will show limit on hard money contributions to provision. As this legislation currently the American people that we are capa- the national party committees by defines it, there will be a great deal of ble of beating the odds, of coming to- $5,000, to $25,000; increases the annual uncertainty about what is considered gether and doing something difficult. aggregate limit on all hard money con- ‘‘coordination’’ between a candidate House Resolution 2356, the ‘‘Shays- tributions by $12,500, to $37,500; doubles and parties or outside groups. I believe Meehan’’ bill, is sufficiently similar to the amount that the national party we should keep the current rule which S. 27 that Senators who support cam- committees can contribute to can- requires agreement or formal collabo- paign finance reform ought to have no didates, from $17,500 to $35,000; and in- ration to establish ‘‘coordination.’’ hesitation voting for final passage. dexes these new limits for inflation.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2154 CONGRESSIONAL RECORD — SENATE March 20, 2002 So under the Thompson-Feinstein The task of raising hard money in more must disclose to the Federal amendment to S. 27, the individual ag- small contributions unadjusted for in- Election Commission, FEC, the sponsor gregate contribution limit, the amount flation is just too daunting, for incum- of the communication within 24 hours, that can be given to PACs, parties, and bents and challengers alike. and the names of those who contribute candidates combined, is increased from Particularly in the larger States $1,000 or more to the sponsor within the current $25,000 per year to $37,500 such as California, where extensive tel- that election cycle. per year. evision and radio advertising is imper- The bill prohibits union or corporate That is a $75,000 per cycle limit, but ative, it is not uncommon for Senators treasury funds from being used for only $37,500 of that can be given to can- to begin fund-raising for the next elec- electioneering communications. didates because all contributions to tion right after the present one ends The bill we are about to pass will candidates are charged against the ag- and they often find themselves ‘‘dialing staunch the millions of unregulated gregate in the year of the election. for dollars’’ instead of attending to soft dollars that currently flow into The House bill creates a $95,000 per other duties. the coffers of our political parties, and cycle aggregate limit. Of that, $37,500 Let’s be honest with each other and replace a modest portion of that money can be given to candidates and $57,500 the American people: campaigning for with contributions that are fully regu- can be given to parties and PACs. But office will continue to get more and lated and disclosed under the existing to actually max out, an individual more expensive because television provisions of the Federal Election must contribute $20,000 of the aggre- spots are getting more and more expen- Campaign Act. People aren’t concerned about indi- gate to national party committees. sive. vidual contributions of $1,000, and I This all sounds very complicated, but Regrettably, one action the House don’t think they will be concerned the net change is that the House bill took during its consideration of H.R. 2356 was to strip the provision Senator about donations of $2,000. adds an additional $20,000 per cycle to No, what concerns people the most the aggregate limit, but that increase TORRICELLI successfully offered to S. 27 that entitled candidates and political about the current system are the is reserved for contributions national checks for $250,000, or $500,000, or even parties. That is a reasonable change. parties to receive the ‘‘lowest unit rate’’ for non-preemptible broadcast $1 million flowing into political par- The hard money increases will rein- ties. vigorate individual giving. They will advertisements within 45 days of a pri- mary election or 60 days of a general These gigantic contributions are reduce the incessant need for fund-rais- what warp our politics and cause peo- ing. They will give candidates and par- election. Under the House bill broadcast tele- ple to lose faith in our Government and ties the resources they need to respond vision, radio, cable, and satellite pro- they must be halted. They give the ap- to independent campaigns. They will viders will be able to continue charging pearance of corruption. reduce the relative influence of PACs. I represent California, which has candidates and national committees of The Thompson-Feinstein amend- more people, 34 million, than 21 other political parties higher advertising ment, by increasing the limit on indi- States combined. I just finished my vidual and national party committee rates. I am disappointed the House took 12th political campaign. For the 4th contributions to Federal candidates, time in 10 years, I ran statewide. Run- this action but will support the bill will reduce the need for raising cam- ning for office in California is expen- nonetheless. A half of a loaf of bread is paign funds from political action com- sive: I have had to raise more than $55 better than no bread. mittees, PACs. Independent campaigns conducted by million in those four campaigns. I can tell you from my experiences Our amendment, therefore, will re- groups that are accountable to no one over the years that I am committed to duce the relative influence of PACs, threaten to drown out any attempt by making it easier to replace PAC mon- campaign reform, and I am heartened candidates or the parties to commu- that we are about to pass H.R. 256. ies with funds raised from individual nicate with voters. donors. Is it a perfect bill? No. Will it be sub- Spending on issue advocacy by these ject to challenges in court? Undoubt- The concern about PACs seems unim- groups, according to the Congressional portant now, compared with the prob- edly. But I think it is a strong bill and Research Service, rose from $135 mil- I’m optimistic that it will withstand lems that soft money, independent ex- lion in 1996 to as much as $340 million penditures, and issue advocacy present. the courts’ scrutiny. And as I said ear- in 1998. Then it rose again, to $509 mil- lier, it is our best chance at reform in But we shouldn’t dismiss the fact that lion in 2000. Most of this money is used PACs retain considerable influence in a generation. for attack ads that the American peo- Campaign reform goes to the heart of our system. ple have come to loathe. I know that some campaign reform our democracy. The way we currently It is likely that spending on so-called finance and conduct our campaigns is a advocates are uncomfortable raising issue advocacy, most of which is thinly cancer metastasizing throughout the any hard money contribution limits by disguised electioneering, probably will body politic. any amount. surpass hard money spending, and very It discourages people from running I would argue that modest increases soon. It has already surpassed soft for office and it disgusts voters. So are imperative for the simple reason money spending. they simply tune out, in larger and that the current limits were estab- Clearly, the playing field is being larger numbers. lished under the Federal Election Cam- skewed. More and more people are Discouragement, disgust, frustration, paign Act, FECA, Amendments of 1974, turning to the undisclosed, unregulated apathy, these feelings don’t bolster our Public Law 93–443, and haven’t been independent campaign. democracy, they weaken it. changed since. That was 27 years ago! The attacks come and no one knows We have an opportunity here, a rare I have spoken previously about how who is actually paying for them. I be- opportunity, to do the right thing and the costs of campaigning have risen lieve this is unethical. I believe it is pass H.R. 2356. much faster than ordinary inflation unjust. I believe it is unreasonable and Mr. DODD. Madam President, today over the past 27 years these limits have it must end. is, in fact, an historic day. As the Sen- been frozen. Fortunately, the House kept intact ate prepares to go to final passage on The advantage of modestly lifting the ‘‘Snowe-Jeffords’’ provisions re- the McCain-Feingold/Shays-Meehan some of the limits is that doing so will garding these sham issue ads. legislation on campaign finance re- reduce the time candidates have to The House bill defines ‘‘election- form, we are taking necessary action spend fund-raising, time better spent eering communications’’ as any broad- that the American people have been with, prospective, constituents. cast, cable, or satellite communica- seeking for years. During the 2000 election, my cam- tions which refer to a clearly identified Today’s Senate action will accom- paign had over 100 fund-raisers. That candidate for Federal office and are plish a fundamental rewrite of our Na- took time. Time to call. Time to at- made within 60 days of a general elec- tions Federal campaign finance laws. tend. Time to say thanks. And that was tion or 30 days of a primary. The Senate will approve legislation ad- time I couldn’t spend doing what my Anyone making electioneering com- dressing what the American people be- constituents want me to do. munications costing $10,000 a year or lieve is the single most egregious abuse
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2155 of our campaign financing system, the The individual limit is increased It has been decades since Congress raising and spending of unlimited and from $20,000 to $25,000 to national com- took similar comprehensive action unregulated ‘‘soft money’’ in our Fed- mittees of a political party; and with the enactment of the Federal eral elections. The aggregate individual contribu- Election Campaign Act of 1971. The one The exploding use of soft money that tion limit to parties, PACs, and can- thing we cannot afford to do is wait permeates our campaign system is hav- didates per year is increased from any longer, now is the time to enact ing a corrupting influence suggesting $25,000 per year to $95,000 per election the McCain-Feingold/Shays-Meehan that large contributions by donors to cycle, including not more than $37,000 legislation. The American people have officeholders, candidates, and political to candidates and $20,000 for the na- waited long enough. parties provide those donors with pre- tional party committees. I am privileged and honored to be ferred access and influence over public The bill triples hard-money limits for part of the majority in support of cam- policy. House candidates facing wealthy, self- paign finance in general and this legis- The average voter of average means financed candidates spending $350,000 of lation in particular. In fact, there has who cannot contribute thousands of their own money on a campaign. Sen- never been a perfect campaign financ- dollars to campaigns has neither the ate candidates would qualify for up to ing system because adjustments will access nor influence in Washington. six times the individual limit depend- always have to be made as legal and Even the mere appearance of corrup- ing on the amount spent by their factual ingenuity outpaces the laws. tion erodes public confidence in the in- wealthy opponents and the population It is an issue I have supported over tegrity of our electoral process and the of their State. the years since arriving in the Con- independence of our democracy. Finally, the effective date is this No- gress, including my time in both the The use of ‘‘soft money’’ is not the vember 6, 2002, one day after the con- House as well as the Senate. only problem. This legislation is not gressional general elections. In addi- I stand ready to do what I can to the only answer. But it is the answer tion, the effective date is January 1, make reform a reality in the 107th Con- around which a majority of members 2003 for any changes to the contribu- gress. could coalesce. tion limits. This means that the 2002 This final debate may find its place If the Shays-Meehan legislation does Federal elections will be unaffected by in history, along with the Senate de- nothing else but eviscerate the soft this new law. bate during the weeks of March 19, money loophole, it would still be effec- As I noted previously, while I may 2001–April 2, 2001, as one of the greatest tive and real reform. disagree with certain aspects of a few Senate debates in the last decade, both But my colleagues in both Chambers provisions, I fully support this legisla- in terms of substance and impact on have accomplished much more with tion as the best effort that Congress this legislation. I enumerate the provi- our system of democracy. can make to enact real campaign fi- I have been privileged and honored to sions that are most important in this nance reform. serve as floor manager of this measure, Senator’s opinion: First and foremost, There are two provisions, in par- along with the Senator from Kentucky, the bill essentially bans the raising, ticular, that continue to cause me Senator MITCH MCCONNELL. As my col- spending and transferring of unregu- some concern. lated and unlimited ‘‘soft money’’ by First is the so-called ‘‘millionaire’s league from Kentucky has alluded to, national parties in Federal elections. provision’’ which purports to level the the stakes in this legislation are con- The bill prohibits the use of soft playing field for candidates who face siderable for many interested parties. money to purchase any broadcast ad- wealthy challengers. Arguably a laud- I thank all of my colleagues for their vertisement that mentions a Federal able goal, the provision ignores the patience and cooperation throughout candidate within 30 days of a primary fact that many incumbent who face this winding-down process and com- and 60 days of a general election. wealthy challengers have healthy cam- pliment them all for a difficult job well The bill prohibits the use of treasury paign treasuries, sometimes amounting done in enacting comprehensive cam- funds of corporations, labor unions, to several million dollars. In such paign finance reform. and nonprofit interest organizations to cases, this provision serves mainly as First, I must acknowledge that the purchase broadcast, cable or satellite an incumbent protection provision. Senate would not be here today in this television advertisements that men- There continues to be no recognition of historic posture if not for the deter- tion a Federal candidate, target the ad the considerable war chests that some mined leadership of TOM DASCHLE. No to the candidate’s voting population incumbents have ready for use in Fed- individual Member has been more con- and air within 30 days of a primary or eral elections. This kind of provision sistent in support of campaign finance 60 days of a general election. works against the public policy goals reform than our leader. And, no Mem- The bill allows an exception for the of campaign finance reform. ber has worked harder behind the use of soft money by State and local Second, although I reluctantly sup- scenes to hold the Democratic caucus parties to conduct get out the vote and ported the Senate amendment to in- together in support of this issue. voter registration activities that do crease the individual hard money con- Majority Leader DASCHLE took sev- not mention a Federal candidate so tribution limits, I did so only in the eral procedural actions to formally en- long as no single donor contributes context of achieving broader reform. sure timely final passage of this meas- more than $10,000 per year. Quite simply, at that time, the in- ure before recess. The talk of over- The bill deems as a contribution any crease in the hard money limits was nights and virtually ‘‘around the communication that is coordinated the price to be paid to gain sufficient clock’’ sessions to accommodate a fili- with candidates or political parties. support from our Republican col- buster, if necessary, were not a threat The bill also requires the Federal Elec- leagues for banning soft money and but a reality. Campaign finance is seri- tion Commission to promulgate new placing proper restrictions on so-called ous business. It is a major priority on rules on coordination. sham issue ads. the majority leader’s agenda. The bill enhances full disclosure of Of particular concern to me is the in- It is only with his leadership that the the money flow. It requires disclosure dexing of these contribution increases Senate’s work was completed by not to the Federal Election Commission to inflation. That only ensures the con- only guaranteeing a timely vote on the within 24 hours by any one who makes tinuing upward spiral of more money legislation but also guaranteeing an an independent expenditure that is into our campaign finance system. opportunity for all Members to rep- more than $10,000 for broadcast, cable Notwithstanding these two concerns, resent their views on the matter. I fur- or satellite ads within 20 days of a gen- I am convinced that this legislation is ther compliment the majority leader eral election. narrowly tailored to strike the appro- for his willingness to provide the op- The bill increases certain contribu- priate, and a constitutionally sound, portunity for a free debate even in the tion limits. It doubles the individual balance between the two competing rush of final passage. This issue is of contribution limits, from $1,000 to values scrutinized by the Supreme paramount importance to the contin- $2,000 per election, to Presidential, Court in Buckley v. Valeo, protecting ued health of this democracy. Senate, and House candidates and in- free speech and limiting the ‘‘actuality The majority leader’s handling of dexes the limit to inflation; and the appearance of corruption.’’ this winding-down process of campaign
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2156 CONGRESSIONAL RECORD — SENATE March 20, 2002 finance debate exemplified the Senate Finally, I want to thank Shawn The driving force has been our convic- at its best. The freeflow of ideas, the Maher and Sheryl Cohen of my per- tion that this bill is an affront to unrestricted opportunity to offer and sonal office staff, and Kennie Gill, the James Madison, Alexander Hamilton, debate amendments, and the ability of Democratic staff director and chief and the others who created the Con- all Members to be heard are the hall- counsel of the rules committee as well stitution and who gave us freedom of marks of this Senate, the world’s as Veronica Gillespie, my elections speech in the first amendment in the greatest deliberative body. counsel on the rules committee staff. first place. At the same time, I must also ac- This has been one of the most re- If you read the 10th Federalist, which knowledge the powerful influence of markable legislative experiences I have I have done in this Chamber, you find my colleague, the ranking member of had the pleasure of working on during that Madison lays out very specifically the Rules Committee, for his devotion my time in the Senate. For all these and very clearly how the factions can to the principles of free speech and as- reasons, I am privileged and honored to control democracy if they are not han- sociation. His unyielding belief that be associated with this legislation. But dled in a proper way. The most signifi- most, if not all, proposed campaign fi- I must emphasize, the primary winners cant proper way to deal with the nance reforms are not only unwise, but are all American citizens. scourge of factions is to have full dis- unconstitutional. Mr. BENNETT. Madam President, closure and full understanding of what I think all my colleagues would agree like the Senator from Kentucky, I have is going on with this. With this bill, we that Senator MCCONNELL is a formi- done everything I could throughout my drive political money into the dark dable advocate for his position. While time in the Senate to see that this bill corners. we hear from the good Senator today, does not become law. As the Senator While it is a sad day, in my view, it we are sure to hear from him in the fu- from Kentucky, I can count and have is nonetheless a good day. Like the ture, even if in a different capacity. thrown in the towel and become some- Senator from Kentucky, I believe I I congratulate my esteemed col- what philosophical about it. have fought the good fight. I have lost, leagues and good friends and the fore- I read in the newspapers about law- as has he, but I have been proud to be most leaders in campaign finance re- yers who are meeting down on K street one of his lieutenants as he has been form. Since 1995, the Senate leaders of even as we speak drawing up their al- the captain of this fight. He is going to campaign finance reform are Senator ternative plan on the assumption that carry the fight on through the courts, JOHN MCCAIN of Arizona and Senator the President will sign this measure. It which is his constitutional right. I be- RUSS FEINGOLD of Wisconsin. In the becomes very clear that the amount of lieve the courts will side with him, and house, the leaders are Congressman money in politics will not diminish as the positions he has taken in this de- CHRISTOPHER SHAYS of Connecticut and a result of this bill. It will simply stop bate more often than they will differ. Congressman MARTIN MEEHAN of Mas- flowing to political parties, where it is We will have a future. The Republic sachusetts. regulated and reported, and start flow- still lives. We will not see anything I acknowledge them for their vision ing into dark corners where we will change for the better, in my view. And in recognizing the powerfully negative have no idea how it is gathered. We those of us who have stood on principle influence of the money chase in our fi- will have no idea who is behind it, and walk out with our heads held high. nancing system. Their dogged persist- we will see it pop up in campaigns in I congratulate the other side. They ence and patience in striving to craft a ways that political parties would never have fought fair. They have fought vig- consensus on reform legislation that use. orously. I have had a number of con- addresses the worst aspects of the cur- That, I believe, is a genuine and prop- versations with Senator FEINGOLD in rent system is now paying off. er aspect of the future that we face. which we have both expressed our af- I must express my great respect to It makes no difference to me person- fection for each other but our deep dis- my colleagues in the Democratic cau- ally because this is an incumbent pro- agreement on this issue. I trust that cus, under the very able leadership of tection bill. It virtually guarantees affection will continue even as the dis- Majority Leader DASCHLE, along with a that parties will be handicapped in agreement does. small group of courageous Senators their effort to recruit challengers since I close by paying tribute to Senator across the aisle, who have put aside the parties can no longer promise the MCCONNELL for the leadership he has their own short-term political interests challengers the kind of support they shown, for the valiance that he has and voted time and again in favor of have been giving in the past. Chal- demonstrated, and for, in my view, the comprehensive, commonsense, and lengers will be thrown into the never- constitutional loyalty and fidelity he badly needed campaign finance reform. never land of depending upon unknown has given the United States in this I also thank the numerous staff who special interest groups to come in time. have assisted in facilitating consider- without coordination and hopefully I yield the floor. ation of this measure, not the least of help the challenger. But as we have The PRESIDING OFFICER. The Sen- which are our Democratic floor staff, seen in my own State of Utah, many ator from Kentucky. including Marty Paone, Lula Davis, times the ads run by these special in- Mr. MCCONNELL. Madam President, and Gary Myrick, along with the out- terest groups actually damage the peo- I thank the Senator from Utah, who standing democratic cloakroom staff. ple they are supposed to help. has been in every one of these debates I also want to extend my special ap- When the money was spent by par- over the last decade. He has been a preciation to Jennifer Duck and ties, the challenger could call the party stalwart, articulate supporter of the Michelle Ballantyne of Senator and say: Knock it off. But when it is first amendment. I am grateful for his DASCHLE’S staff, along with Mark spent by a special interest group, the friendship and for his kind words about Childress and Mark Patterson, who challenger loses control of his cam- our work on this great cause. I assure were invaluable in offering much need- paign and is at the mercy of unknown him, as expressed, that it is not over ed expertise and guidance on bringing forces and unreported money. yet. We have another day in court. I this legislation to final passage. That, I believe, is the future. But thank the Senator from Utah for his Of equal assistance with both the that is not why I have been so vigorous kind words. substance and the procedures for this in opposing this bill. It is not why the I understand I have a minute remain- legislation were the staff of Senators Senator from Kentucky has been so ing. Is that right? FEINGOLD and MCCAIN, including Bob vigorous in opposing this bill. The PRESIDING OFFICER. Two Schiff, Ann Choiniere and Jeanne We both took an oath to uphold and minutes. Bumpus. defend the Constitution of the United Mr. MCCONNELL. Madam President, I also want to acknowledge the con- States when we came to this body. I be- I ask unanimous consent that I be al- tributions of Senator MCCONNELL’S lieve that oath is the most serious lowed to use those 2 minutes as the staff, including Hunter Davis of his statement I have ever made in this last speaker on this side of the issue. I personal staff, and Tam Somerville, Chamber. don’t intend to be the last speaker be- Brian Lewis, and Leon Sequeira of the The Senator from Kentucky has led fore the vote but the last speaker on Rules Committee minority staff. this fight fearlessly and courageously. this side of the issue.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2157 The PRESIDING OFFICER. Without ties are not dominated by these inde- present, who have helped to bring us to objection, it is so ordered. pendent voices. this moment. Most important, as I The Senator from Wisconsin. Second, this is an extraordinary vic- mentioned in my other statement, the Mr. FEINGOLD. Madam President, I tory for the controlling of campaign most important person I have to thank yield 6 minutes to the Senator from fundraising in large amounts to restore is, of course, my friend, JOHN MCCAIN. New Jersey. some sense of equality among donors, I also thank our earliest supporters, The PRESIDING OFFICER. The Sen- and, more importantly, among citizens. who gave their support to the McCain- ator from New Jersey. But the greatest unfinished aspect of Feingold bill when it was first intro- Mr. TORRICELLI. Madam President, the agenda in political reform is cam- duced in the 104th Congress, Senators I thank the Senator from Wisconsin for paign spending. Campaign fundraising such as John Glenn, Paul Simon, yielding time and offer my congratula- will never be brought into permissible Nancy Kassebaum-Baker and Alan tions to Senator FEINGOLD and Senator limits with an acceptable demand on Simpson, who gave us crucial bipar- MCCAIN for an extraordinary effort candidate time or amounts of money tisan support when this effort was just against all the odds over a long period raised until the fundamental problem getting off the ground. This kind of bi- of time which brings the Senate to this of campaign expenditures is addressed. partisan bill wasn’t totally unprece- moment. This Senate met that responsibility. dented. But it was pretty unusual, and Like many of my colleagues, I intend By a vote of 69 to 31, the Senate voted the support of those distinguished Sen- to join in only a matter of moments in to reduce the cost of television adver- ators lent important credibility to our voting for the most fundamental cam- tising to the lowest unit cost. It was a effort in its early days. paign finance reform to reach this Con- critical reform, because most Federal I particularly thank Senator CARL gress in several decades. It is an impor- candidates will tell you, it isn’t just LEVIN for his leadership and support tant moment for the Congress. It is an how much money is being raised, it is during every debate we have had on attempt to restore public confidence the time spent raising it, the extraor- this bill since 1996. His insight on the and also to give ourselves a sense of dinary amounts of money that need to substance of the issue, and on the confidence. be accumulated. And 85 percent of that workings of this body have been abso- None of us feels good about the finan- money is going to television networks. lutely crucial to the advancement of cial pressures under which this institu- In an extraordinary act of hypocrisy, this legislation. Senator LEVIN is as te- tion operates. None of us feels good the same television networks, which nacious and committed as any Member knowing that the public believes that have championed the cause of cam- of this body. We truly would not be all Americans do not stand equally in paign finance reform, spent millions of here today if he were not on our team. the eyes of the Senate. It is a situation dollars on lobbyists and exerted the I also thank our distinguished col- that cannot endure. very kind of financial pressure this leg- league, Senator SUSAN COLLINS, for her Today, we decide that it will not en- islation is intended to eliminate in sav- invaluable contributions to this effort. dure. I have supported every form of ing themselves from being part of cam- She came on board our bill as a fresh- campaign finance reform for each of paign finance reform. man Senator in 1997, despite tremen- the 20 years in which I have served in The provisions reducing the cost of dous pressure from her caucus. Over the Congress. This is the most impor- television advertising were eliminated the years, we have met together with tant. in the House of Representatives. We many of our colleagues. She has been a There are critical components of the must never give up on that fight. With- tireless advocate for reform, a terrific legislation that I think make a great out these provisions reducing the costs ally in this fight, and I am proud to contribution: Elimination of soft of Federal campaigns by some manner call her a friend and a colleague. money, raising the hard money limits, or some form, money will find its way I, again, thank Senator JOE LIEBER- and the controlling of independent ex- into the political system. MAN, who has been a steadfast sup- penditures in the final weeks of a cam- In this legislation, we may vote to porter of reform, and who helped to paign. But I also think it is important eliminate soft money to political par- build crucial momentum for this legis- not to raise expectations that all prob- ties, but if that demand remains on lation with his leadership on the 527 lems are being solved or that this is Federal candidates, some system will disclosure bill in the last Congress. The the last time our generation will need be invented or found, some loophole de- success of that legislation was a great to make adjustments in the manner in veloped, to get the money into the sys- breakthrough after so many years which campaigns operate in America. tem. when any reform effort was First, the legislative fight over cam- I am proud to vote for this legisla- stonewalled by our opponents. The day paign finance reform is about to end. tion. But I challenge the Senate, as that bill passed the Senate, I remember The judicial fight is about to begin. All McCain-Feingold is passed: Make it the thinking that enactment of the of us recognize that the attempt to beginning of a reform, not the end of McCain-Feingold bill was not going to control independent expenditures may reform. Let us return, next year, or be far behind. not be constitutional. If the courts in- even in the coming months, and chal- And, of course, the great break- deed find that this is an infringement lenge ourselves to do better: reduce the through at the beginning of this Con- on free speech, the delicate balance of cost of campaigns, continue to find the gress was the day when Senator THAD this legislation will be broken. Soft mechanisms to assure every American COCHRAN joined us in introducing this money will have been eliminated and that they have an equal chance and an bill. I have great respect for Senator fundraising by the political parties will equal voice to be heard. COCHRAN, and his support on this bill be controlled. But independent groups Madam President, I yield the floor. has been invaluable. I cannot thank would largely operate without restric- The PRESIDING OFFICER. The Sen- him enough for his commitment to this tion. It would be regrettable. I believe ator from Wisconsin. legislation. Once he joined our effort, the courts will be in error. But it could Mr. FEINGOLD. Madam President, I he was with us with every ounce of de- happen. If it happens, and if the courts thank the Senator from New Jersey. I termination and grace that he brings rule that the control of independent ex- certainly agree, there is much more to to all of his work here in the Senate. penditures is unconstitutional, there is be done in our generation on campaign One of our newest Members, Senator a risk that both the political parties finance reform. I look forward to par- MARIA CANTWELL, also gave us impor- and Federal candidates are to be noth- ticipating in that. tant momentum when she made cam- ing more than spectators in American Madam President, how much time do paign finance reform a central issue in elections with interest groups control- we have remaining? her campaign, and gave this bill her ling the debate, raising the funds, and The PRESIDING OFFICER. Twenty- strong support. After her victory, the distorting the process. nine minutes. oft repeated claim that no Senator has The challenge for this Congress, if Mr. FEINGOLD. Madam President, I ever lost an election over this issue that is the ruling of the court, is that yield myself such time as I need. could simply no longer be made. we must return and find a way to en- Madam President, I thank the many Senator JOHN EDWARDS and Senator sure that candidates and political par- Members of this body, past and CHUCK SCHUMER have both been terrific
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2158 CONGRESSIONAL RECORD — SENATE March 20, 2002 assets on this issue, especially right Mary Murphy, and other staffers, past Werthheimer and Democracy 21. I also here on the Senate floor. Both of them and present, who have worked to make thank Don Simon, Scott Harshbarger, have devoted a great deal of their time, this moment possible, including Kitty Meredith McGehee, Matt Keller and and skill as debaters, to this bill, and I Thomas, Andy Kutler, Sumner the staff of Common Cause for their am very grateful for their efforts. Slichter, Bill Dauster, Susanne Mar- tireless work to pass this legislation. The efforts of Senator OLYMPIA tinez, and Tom Walls. I also thank Joan Claybrook and the staff of Public SNOWE and Senator JIM JEFFORDS to Jeanne Bumpus, Mark Salter, Mark Citizen, including Frank Clemente and craft the provision on phony issue ads Buse, and other members of Senator Steve Weissman, made crucial con- that came to be known as the Snowe- MCCAIN’s staff, past and present—in tributions to the progress of this bill. I Jeffords legislation have been essential some ways it seemed as if we merged also very much appreciate the work of to this bill. They worked tirelessly to our staffs to accomplish this—and I Jerome Kohlberg, Cheryl Perrin, and put together a balanced provision that thank them for their outstanding con- Elaine Franklin of Campaign for Amer- gets at the root of the issue ad prob- tributions to this bill. They have been ica and Charles Kolb and Ed Kangas of lem, and I thank them for their tre- a pleasure to work with. Many other the Committee for Economic Develop- mendous contribution. The Snowe-Jef- current and former staffers from my of- ment to move this legislation forward. fords provision is an integral part of fice, and from other Senate and House I realize that is a long list of people our bill, and their mastery of this topic offices, have also made vital contribu- and organizations to thank. But it has was invaluable to us. tions to the progress of this bill. been almost 7 years, and the praise I I am deeply grateful to Senator FRED Madam President, I ask unanimous offer is well deserved. Without the THOMPSON for his longstanding and consent that a list of their names be work of these people, not just during steadfast support of this bill, and for printed in the RECORD. this Congress but over many years, we his great skill and fairness in negoti- There being no objection, the mate- would not have reached this exciting ating an agreement on hard money rial was ordered to be printed in the moment for reform and for our democ- limits that the vast majority of this RECORD, as follows: racy. body could support. Without that From Senator FEINGOLD’s staff and former How much time remains on our side? agreement, we simply could not have staff: Mary Bottari, Laura Grund, Ari Geller, The PRESIDING OFFICER (Mr. moved this bill through the Senate. I Ben Hawkinson, Rebecca Kratz, Anne McMa- WYDEN). Twenty-one minutes. also pay special tribute to Senator hon, Brian O’Leary, Mary Frances Repko, Mr. FEINGOLD. I suggest the ab- THOMPSON for the work he did inves- Thomas Reynolds, Mary Ann Richmond, Hil- sence of a quorum. tigating the 1996 campaign finance lary Wenzler, Kirsten White, Trevor Miller, The PRESIDING OFFICER. The Brad Jaffe, Tom McCormick, Rea Holmes, scandals. Senator THOMPSON cut his po- clerk will call the roll. Rebecca Kratz, and many others who have The legislative clerk proceeded to litical teeth with his work on another worked for Senator FEINGOLD and currently great scandal in our Nation’s history are on his staff. call the roll. known as watergate, but his work in Other Senate Staff: Linda Gustitus, Elise Mr. FEINGOLD. Mr. President, I ask 1997 showed the Nation that the cam- Bean, Andrea LaRue, Laurie Rubenstein, Mi- unanimous consent that the order for paign finance issue is truly a bipar- chael Bopp, Mary Mitshow, Steve Diamond, the quorum call be rescinded. tisan problem with a bipartisan solu- Jane Calderwood, John Richter, Eric The PRESIDING OFFICER. Without tion. We will miss FRED THOMPSON Buehlman, Hannah Sistare, Bill Outhier, objection, it is so ordered. leadership in the Senate. Brad Pruitt, Maureen Mahon, Martin Siegel, Mr. FEINGOLD. Mr. President, it Sharon Levin, Beth Stein, Nancy Ives, Glenn gives me enormous pleasure to yield 15 I also thank Senator CHRIS DODD for Ivey. his tremendous work as floor manager From the House staff: Amy Rosenbaum, minutes for the last major comments on the Democratic side, especially dur- Glen Shor, Dan Manatt, Paul Pimental, on this bill on our side to the man who ing the extraordinary and sometimes Katie Levinson, Alison Rak, Kristin Miller, made it all happen and started the unpredictable debate we had last year. Len Wolfsen, Kit Judge, Steve Elmendorf, whole thing and carried it to the finish, He led us through those 2 weeks with George Candanis. the Senator from Arizona, Mr. MCCAIN. grace and humor and a fierce passion From the Congressional Research Service: Mr. MCCAIN. Mr. President, I thank for reform that I deeply respect and for Joe Cantor and Paige Whitaker. my colleague and friend for yielding which I am deeply grateful. Mr. FEINGOLD. Madam President, I this time to me. I am grateful to my I of course, thank the Democratic deeply appreciate the hard work of so colleagues and the many people who Leader, Senator TOM DASCHLE, and his many Members of the other body who have brought us to this point. This leg- very able staff, for everything they fought for years to pass this legisla- islation will provide much-needed re- have done to bring about the success of tion. Of course, especially, my thanks form of our Federal election campaign this legislation. In the fall of 1997, the and those of Senator MCCAIN go to laws. entire Democratic Caucus united be- Representatives CHRIS SHAYS and With the stroke of the President’s hind this legislation, and that unity MARTY MEEHAN for their determination pen, we will eliminate hundreds of mil- has been crucial to our success. and outstanding leadership on this lions of dollars of unregulated soft We are soon to have the vote on final issue, as well as to the House Minority money that have caused Americans to passage because TOM DASCHLE was true Leader, DICK GEPHARDT. question the integrity of their elected to the principles of this party and led I also recognize the contributions representatives. our caucus to follow through on our made by many other House Members, This is a good bill. It is a legally commitment we made to reform 41⁄2 including Representatives ZACH WAMP, sound bill. It is a fair bill that benefits years ago. I am proud of the bipartisan MIKE CASTLE, LINDSEY GRAHAM, NANCY neither party but that profits our po- effort we have made, but I am also PELOSI, JIM MATHESON, HAROLD FORD, litical system and that will, I hope, proud to be a Democrat, and I deeply SANDER LEVIN, JIM TURNER, JIM LEACH, help to restore the public’s faith in appreciate the solid support of my cau- JIM GREENWOOD, SHERWOOD BOEHLERT, government. cus on this issue. AMO HOUGHTON, NANCY JOHNSON, MARK So much has been said about the sub- This list of thank-yous would not be KIRK, TOM PETRI, TODD PLATTS, MARGE stance of this bill which has been complete without thanking my own ROUKEMA, ROB SIMMONS, JOHN LEWIS, hashed out literally for years and con- staff. They have worked tirelessly to CHARLIE STENHOLM, BARNEY FRANK, sidered and reconsidered and perfected help me move this legislation forward, STENY HOYER, JOHN CONYERS, and on the Senate floor in preparation for and they have done so with great skill SILVESTRE REYES, and former Rep- House passage. Therefore, I would like and dedication. First I thank my chief resentatives TOM CAMPBELL and LINDA to take this opportunity to say thank counsel, Bob Schiff, for the out- SMITH. you to a few people who have made this standing contributions he has made to Our bill also benefitted immeas- happen. this legislation and to the cause of re- urably from the incredible effort put in First, I extend my sincere apprecia- form, and for the various all- night ef- by outside organizations in support of tion and gratitude to my friend Sen- forts he had to put in to get this thing this legislation. I recognize the out- ator FEINGOLD for his unwavering com- done. I also thank my chief of staff, standing contributions made by Fred mitment to this cause. He has been a
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2159 wise counsel and a stalwart partner CHRIS SHAYS and MARTY MEEHAN, the Senator FEINSTEIN—Gray Maxwell and through these years, and I will forever House sponsors of this legislation, we Mark Kadesh. be proud to have my name associated would not be here today. I will always Senator HAGEL—Chad Woff. Senator JEFFORDS—Eric Buchlmann. with him on this issue and other re- hold them in the highest regard for Senator LEVIN—Linda Gustitus, and Ken form issues. their tenacious, unrelenting commit- Saccoccia. On occasion, politicians step up and ment to our shared goal. House minor- Senator LIEBERMAN—Laurie Rubenstein. match rhetoric with actions. RUSS ity leader GEPHARDT worked many long Senator LOTT—Sharon Soderstrom. FEINGOLD, at a time when there was hours to hold the support of the vast Senator MCCAIN—Mark Buse, Mark Salter, about to be a flood of soft money ad- majority of his caucus, and I am great- Brooke Sikora, Joe Donahue, and Ann Begeman. vertising into his State in a very close ly indebted to him. Senator MCCONNELL—Tamara Somerville, and hard-fought political campaign, I salute also the Members who signed Hunter Bates, Andrew Siff, and Brian Lewis. said no. RUSS FEINGOLD showed enor- the discharge petition that forced Senator SCHUMER—Martin Siegel. mous courage because he was willing to House consideration of this bill, and Senator SNOWE—Jane Calderwood and put his political career on the line for the brave Republicans in particular John Richter. what he believed. who voted for its passage. Senator THOMPSON—Bill Outhier, Hannah I thank the majority leader, Senator As I told my colleague Senator Sistare, and Fred Ansell. DASCHLE, for his steadfast support that MCCONNELL a few weeks ago, I won’t Mr. MCCAIN. In particular, I thank enabled us to pass the McCain-Feingold miss our annual contests on this issue. Mary Murphy and Bob Schiff, of Sen- bill last April and to bring it back this No one in his right mind would want to ator FEINGOLD’s staff, for all their week for a final vote. I thank the Re- continue against so formidable a foe. I work on this issue over the years. Let publican leader, Senator LOTT, for his can only hope, however, that should I me also express my heartfelt gratitude commitment to an open debate and for ever find myself again in a pitched leg- to my former staffer Mark Buse, who keeping the process fair. The majority islative battle—shy as I am of entering recently left the Hill after working by and minority whips, Senators REID and into them—that my opponent is as my side on this issue for many years. NICKLES, have my sincere thanks as principled as Senator MITCH MCCON- This would not have been possible well. NELL. It has been a worthy effort by all without him. I thank as well Mark’s Senator DODD managed our side of involved, and I will always appreciate successor as Republican staff director the debate with his typical skill and the dedication shown by all of my col- on the Commerce Committee, Jeanne good humor. I thank Senator LEVIN as leagues in their efforts to champion Bumpus, who, in an incredibly short well for his critical contributions to their beliefs. period of time, became expert on the the compromises that attracted major- I am compelled to mention a few in- many issues involved in this legislation ity support for the bill in both Houses dispensable supporters. In particular, I and was an invaluable support to me. of Congress. thank Fred Wertheimer of Democracy I also want to thank my administra- I am grateful to all my colleagues, 21; all the good, dedicated folks at tive assistant and alter ego, Mark Salt- supporters and opponents alike, for Common Cause: Scott Harshbarger, er, for his continued efforts not only their contributions to the bill and to Meredith McGeehee, Matt Keller, and here but in a broad variety of ways. I the debate. I would like to personally Don Simon, including Scott am grateful for his friendship. thank Senate Republican supporters, Harshbarger’s talented and wonderful Mr. President, the proponents of this particularly Senator THOMPSON whom I predecessor Ann McBride; Jerry legislation have had, and continue to will miss more than I can say. His Kolberg’s Campaign for America; and have, one purpose: to enact fair, bipar- friendship and wise counsel have been the Committee for Economic Develop- tisan, campaign finance reform that not only important to me as a Senator ment. I am thankful also to Trevor seeks no special advantage for one but were a critical element in achiev- Potter, a former FEC Commissioner, party or another. Once we complete the ing the legislative result we achieved for his insight and sound political ad- Senate debate and vote on final pas- in the Senate. vice, and to Rick Davis who kept us fo- sage, it will be up to the President to To Senator COCHRAN, one of the sen- cused on the big picture and provided take the action that his spokesmen and ior Members and most well liked and invaluable strategic advice. advisors have led us to believe he will respected Members of the Senate, who I can’t begin to name the many thou- take—to sign the bill into law. It is my came on board on this issue at a time sands of people not in this Chamber hope that he will deem it appropriate when we needed the credibility of a who have fought so hard and long and to do this. man of his stature, I will always be who gathered under the umbrella of a The supporters of campaign finance grateful. Senators SNOWE and COLLINS, group called Americans for Reform. I reform have differences about what I think the State of Maine can be proud want to mention the efforts by AARP, constitutes ideal reform, but we have of both of those Senators, including the League of Women Voters, Public subordinated those differences to the Senator SNOWE’s contribution over one Citizen, a broad coalition of religious common good. We all recognized one of the more difficult aspects of this leg- organizations, Carla Eudy and the staff very simple truth: that campaign con- islation, the so-called Snowe-Jeffords and supporters of Straight Talk Amer- tributions from a single source that amendment, without which it would ica, for their tireless contributions in run to the hundreds of thousands or not have been possible to pass this leg- this effort and the honor of their millions of dollars are not healthy to a islation. friendship. Thanks also to my friend democracy. Is that not self-evident? It I am grateful for the valued support John Weaver for his help and guidance. is to the American people Mr. Presi- of Senators SPECTER, CHAFEE, FITZ- I ask unanimous consent to print in dent. It is to the people. GERALD, LUGAR, and DOMENICI, who the RECORD a list of the staffers of the The reforms I believe we are about to gave legitimacy to our claims of bipar- Senators who contributed significantly pass will not cure public cynicism tisan cooperation. I am grateful again, to this legislative effort. about politics. Nor will it completely as I am so often, to Senator CHUCK There being no objection, the mate- free politics from influence peddling or HAGEL. It takes a brave and committed rial was ordered to be printed in the the appearance of it. But I believe it soul to take it upon himself, as he did RECORD, as follows: might cause many Americans who are a few weeks ago, to attempt to facili- SENATE STAFFERS: at present quite disaffected from the tate a resolution to this measure be- Senator COCHRAN—Brad Prewitt and Clay- practices and institutions of our de- tween myself and the other supporters ton Heil. mocracy to begin to see that their of this bill and Senator MCCONNELL. It Senator COLLINS—Michael Bopp and Lynn elected representatives value their rep- is in large part due to his efforts that Dondis. utations more than their incumbency. we have that resolution today. Senator DASCHLE—Andrea LaRue and And maybe that recognition will cause Senate passage of a bill, of course, is Mark Childress. them to exercise their franchise more Senator DODD—Kennie Gill and Veronica only half—or less than half, really—of Gillespie. faithfully, to identify more closely the legislative battle. If it were not for Senator FEINGOLD—Mary Murphy, Bob with political parties, to raise their ex- the untiring work of Congressmen Schiff, Bill Dauster. pectations for the work we do. Maybe
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2160 CONGRESSIONAL RECORD — SENATE March 20, 2002 it will even encourage more Americans money for outside groups but not polit- gle person ever said to me: Well, you to seek public office, not for the privi- ical parties. We are now able to do have to be a millionaire or you have to leges bestowed on election winners, but more for outside groups than we are be able to access $500,000 or a million- for the honor of serving a great nation. able to do for our own political parties. dollar contribution. I was a person of If by today’s vote we make even small Secondly, the bill seeks to impose a average means, so it looked to be an progress in this direction, I think we gag order on groups that have the au- area that maybe I could go into, and it have rendered good service to our coun- dacity to mention people like us within excited me. try, and I am proud of it. 60 days of an election, by saying they Nothing has bothered me more in my I respectfully ask my colleagues for have to go to the Federal Govern- public career than the thought that their votes in support of final passage ment—to register with the Federal young people, looking to the future, of this bill. Election Commission—and raise hard might think that it is necessary to be I reserve the remainder of my time. dollars just so they can mention can- multimillionaires or somehow have ac- Mr. FEINGOLD. Mr. President, how didates like us within 60 days of an cess to the soft money system, in order much time remains? election. to participate—being able to partici- The PRESIDING OFFICER. Nine For those two reasons, and for many pate as a voter and, yes, even being minutes. more, I urge colleagues to vote no on able to participate as a candidate as Mr. FEINGOLD. Mr. President, I sug- final passage. part of the American dream. gest the absence of a quorum. I yield the floor. The PRESIDING OFFICER. The Today, we hope to return a little bit The PRESIDING OFFICER. The Sen- clerk will call the roll. of that dream to you. Yes, someday, as ator from Wisconsin is recognized. The assistant legislative clerk pro- JOHN MCCAIN has said, you are going to Mr. FEINGOLD. Mr. President, ceeded to call the roll. have to clean it up again because every thanks to the courtesy of Senator Mr. MCCONNELL. Mr. President, I 20 or 30 years the system needs some ask unanimous consent that the order MCCAIN, it is my honor to bring the de- work. for the quorum call be rescinded. bate to a close. I will make a few brief In the name of the young people of The PRESIDING OFFICER. Without comments and perhaps we can proceed this country, whom I know will provide objection, it is so ordered. to final passage of the bill. the enthusiasm to support future re- Mr. MCCONNELL. Mr. President, I First of all, I wish to indicate my re- forms, I want to bring the debate to a understand I have 2 minutes left. spect for the Senator from Kentucky. close. The PRESIDING OFFICER. The Sen- This has been a tremendous battle. We I yield the floor and the remainder of ator is correct. have had in this Chamber 3 weeks in my time. Mr. MCCONNELL. Mr. President, re- the last 2 years debating this issue. I I ask for the yeas and nays. gretfully, this bill is going to pass and, think it has been a very good process, The PRESIDING OFFICER. Is there a in all likelihood, be signed by the and I certainly take seriously his argu- sufficient second? President. I say ‘‘regretfully’’ because, ments. Although we may have to pur- There is a sufficient second. for those who wanted to reduce the sue this matter in the courts, as we The yeas and nays were ordered. amount of money in politics, this cer- have done in some other matters, it is The PRESIDING OFFICER. If there tainly will not do that. Not even close. always an honorable venture. are no amendments to be offered, the It will dramatically take money away The main point I make, in conclu- question is on third reading and pas- from the parties and then shift it to sion, is that I believe in maybe 20 or 30 sage of the bill. outside groups. The reason we know years people will say: You know, there The bill (H.R. 2356) was ordered to a how much soft money the parties raise was a time when Members of Congress third reading and was read the third is because it is disclosed. But we will could actually ask people for $100,000, time. not know how much is given to the $500,000, or a million-dollar contribu- The PRESIDING OFFICER. The bill outside groups and who gives it be- tion, and it was perfectly legal. I think having been read the third time, the cause it is not disclosed. After this bill it will remind people of the stories we question is, Shall the bill pass? passes, outside groups will continue to have heard about how there used to be The yeas and nays have been ordered raise unlimited amounts of soft money briefcases full of cash floating around and the clerk will call the roll. from all sources. In fact, Members of this building. The assistant legislative clerk called Congress will be able to raise unlimited It is almost unbelievable that there the roll. amounts of soft money for those ever was a time in our recent history— The result was announced—yeas 60, groups. It will be completely legal, and in the last few years—when these kinds nays 40, as follows: of almost inherently corrupt contribu- permitted by this legislation. [Rollcall Vote No. 54 Leg.] We could have dealt with the issue of tions could be given from corporate YEAS—60 corruption, or the appearance of cor- treasuries, union treasuries, or by indi- ruption—and I have to say ‘‘appear- viduals. It was a loophole that com- Akaka Domenici Lincoln Baucus Dorgan Lugar ance’’ because there has been no evi- pletely swallowed all the laws we had. Bayh Durbin McCain dence whatsoever of actual corrup- They were imperfect laws. The hard Biden Edwards Mikulski tion—we could have dealt with an ap- money rules were the rules we had con- Bingaman Feingold Miller Boxer Feinstein Murray pearance problem by capping soft cerns about when we started this ini- Byrd Fitzgerald Nelson (FL) money, just as we capped hard money tiative. We wanted to fix that. Cantwell Graham Reed 25 years ago. That would have allowed This soft money system grew in such Carnahan Harkin Reid the six national party committees to a way that we invited some of the Carper Hollings Rockefeller Chafee Inouye Sarbanes still be national committees, to still be greatest corruption in the history of Cleland Jeffords Schumer able to support State and local can- our country. So it is my hope that 25 or Clinton Johnson Snowe didates with non-Federal dollars. But, 50 years from now people will say: How Cochran Kennedy Specter could you have possibly had a time Collins Kerry Stabenow no, we decided to completely eliminate Conrad Kohl Thompson nonfederal money to the parties only— when unlimited contributions were al- Corzine Landrieu Torricelli certainly a step not required to deal lowed? I look forward to people saying Daschle Leahy Warner with the alleged appearance of corrup- that. Dayton Levin Wellstone Dodd Lieberman Wyden tion. The reason I mention that time in So, first, this bill will greatly weaken the future is that, more than anything NAYS—40 the parties and shift those resources to else, I care about this issue because of Allard Campbell Grassley outside groups that will continue to the young people in this country. I care Allen Craig Gregg Bennett Crapo Hagel engage in issue advocacy, as they have about it because, believe it or not, I Bond DeWine Hatch a constitutional right to do, with un- was once 18. I am looking at the pages Breaux Ensign Helms limited and undisclosed soft money. here who help us. When I was 16, 17, 18, Brownback Enzi Hutchinson Ironically, the bill allows Members of I thought maybe I would have a chance Bunning Frist Hutchison Burns Gramm Inhofe Congress to raise that unlimited soft to go into politics someday. Not a sin-
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2161 Kyl Roberts Stevens (2) shall not be deemed to be a contribution money donations while allowing the Lott Santorum Thomas to the office account of the Member; political parties sufficient funds to McConnell Sessions Thurmond (3) shall not require the establishment of a Murkowski Shelby maintain their headquarters and con- Voinovich legal expense trust fund; and Nelson (NE) Smith (NH) duct their grassroots effort. Nickles Smith (OR) (4) shall be governed by the Select Com- mittee on Ethics Regulations Regarding Dis- The Bipartisan Campaign Finance The bill (H.R. 2356) was passed. closure of Pro Bono Legal Services, adopted Reform Bill bans all soft money. And Mr. REID. I move to reconsider the February 13, 1997, or any revision thereto. while I would have preferred merely to vote. (b) This resolution shall supersede Senate cap soft money as we already cap hard Mr. LEVIN. I move to lay that mo- Resolution 321, adopted by the Senate on Oc- money, a total ban is the only option tion on the table. tober 3, 1996. currently on the table. The motion to lay on the table was Ms. LANDRIEU. Mr. President, I In addition to the issue of soft agreed to. begin by adding my compliments to money, there is the issue of raising the (Disturbance in the Visitors’ Gal- Senators FEINGOLD and MCCAIN for hard money caps. Candidates for public leries.) their extraordinary efforts in passing office are forced to spend too much The PRESIDING OFFICER. Expres- and helping to usher through a far- time fundraising at the expense of sions of approval or disapproval are not reaching piece of legislation that will their legislative duties. permitted in the gallery. hopefully close the loopholes and help The current individual contribution f Members conduct campaigns that truly limit of $1,000 has not been raised, or meet the spirit and intent of the re- even indexed for inflation for over 20 TO CLARIFY ACCEPTANCE OF PRO form laws we have passed over the years. This situation requires can- BONO LEGAL SERVICES course of the last couple of years. We didates to spend more and more time The PRESIDING OFFICER. Under need to have the kind of campaigns of seeking more and more donors. the previous order, the Senate will con- which we can all be proud, ones that The Bipartisan Campaign Finance sider a resolution. allow people in this Nation to express Reform Bill increases the individual The clerk will report the resolution their views, yet have campaigns and fi- contribution limits to $2000 and indexes by title. nancing and funding that are fully and that limit for inflation. My campaign The assistant legislative clerk read completely disclosed. I thank them and finance legislation contained a similar as follows: acknowledge their work. provision which ensured that a greater A resolution (S. Res. 227) to clarify the Mr. WARNER. Madam President, percentage of political contributions rules regarding the acceptance of pro bono today I rise to address issues related to would be fully reported and available legal services by Senators. my vote on H.R. 2356, the Bipartisan for all to see. Mr. MCCONNELL. Mr. President, this Campaign Finance Reform Bill. It is my firm belief that the Congress Senate resolution S. Res. 227 is very For some time President Bush has has a responsibility, in accord with the similar to a Senate resolution passed clearly indicated his willingness to constitution, to balance the rights of by this body in 1996. That 1996 resolu- sign campaign reform legislation those who care to participate in the po- tion—S. Res. 321—was passed to ensure passed by the Congress. I have great re- litical process with the desire to im- that Senators who wanted to challenge spect for his judgement and this was an prove accountability and responsibility the constitutionality of the Line Item important consideration in making my within the campaign system. Veto Act could do so using unlimited decision to support this legislation. Precisely because of my concern that pro bono legal services, subject to regu- The Bipartisan Campaign Finance previous campaign finance reform pro- lations promulgated by the Ethics Reform Bill is not perfect legislation, posals did not adequately respect the Committee. but I believe it may be the best the First Amendment Freedom of Speech, I It is clear that the campaign finance Congress is able to produce. I ap- was compelled to write my own cam- bill that passed today—H.R. 2356—will proached both McCain-Feingold and paign reform proposals that focused on be challenged in court if the President now the Bipartisan Campaign Finance disclosure and accountability. signs it into law. The Senate resolution Reform Bill with an open mind and feel Clearly, today’s legislation faces con- which passed today makes it clear that it is in the best interests of the nation stitutional challenge, however, those any Member of this body may receive to implement achievable reform legis- decisions will ultimately have to be re- pro bono legal services in connection lation rather than hold out for per- solved by the judicial branch of Gov- with any action challenging the con- fect—and probably unattainable—re- ernment. stitutionality of that law. form legislation. This body is in agreement on this During each of the last two Con- f issue. There is no need for debate or a gresses I introduced my own campaign NATIONAL LABORATORIES PART- vote. This new Senate resolution en- finance reform bills—‘‘The Constitu- NERSHIP IMPROVEMENT ACT OF sures that the Senate will continue its tional and Effective Reform of Cam- 2001—Resumed tradition of permitting Members to paigns Act,’’ or ‘‘CERCA.’’ My pro- The PRESIDING OFFICER. The utilize unlimited pro bono legal serv- posals have been good faith efforts to clerk will report the pending business. ices when challenging legislation that strike middle ground in this important The assistant legislative clerk read raises serious constitutional questions. debate and were offered as alternatives as follows: The PRESIDING OFFICER. Under to the bills that have been debated be- A bill (S. 517) to authorize funding the De- the previous order, the resolution is fore the full Senate in the past. The partment of Energy to enhance its mission agreed to and the motion to reconsider principal points in my bills were en- areas through technology transfer and part- is laid upon the table. hanced disclosure, increased hard dol- nerships for fiscal years 2002 through 2006, The resolution (S. Res. 227) was lar contribution limits, a cap on soft and for other purposes. agreed to, as follows: money and paycheck protection. Pending: S. RES. 227 As chairman of the Rules Committee Daschle/Bingaman further modified Resolved, That (a) notwithstanding the pro- during the 105th Congress, I chaired amendment No. 2917, in the nature of a sub- visions of the Standing Rules of the Senate twelve or more hearings on campaign stitute. or Senate Resolution 508, adopted by the reform including the funding of cam- Feinstein modified amendment No. 2989 (to Senate on September 4, 1980, or Senate Reso- paigns. My bill was a result of these 2 amendment No. 2917), to provide regulatory lution 321, adopted by the Senate on October years of hearings, discussions with nu- oversight over energy trading markets and 3, 1996, pro bono legal services provided to a merous experts and colleagues, and the metals trading markets. Member of the Senate with respect to any result of over 2 decades of participating Kerry/McCain amendment No. 2999 (to civil action challenging the constitu- amendment No. 2917), to provide for in- tionality of a Federal statute that expressly in campaigns and campaign finance de- creased average fuel economy standards for authorizes a Member either to file an action bates. passenger automobiles and light trucks. or to intervene in an action— My bill capped soft money thereby Dayton/Grassley amendment No. 3008 (to (1) shall not be deemed a gift to the Mem- addressing the public’s legitimate con- amendment No. 2917), to require that Federal ber; cern over the propriety of large soft agencies use ethanol-blended gasoline and
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2162 CONGRESSIONAL RECORD — SENATE March 20, 2002 biodiesel-blended diesel fuel in areas in strengths and our resources to lift this Last week I spoke about why it was which ethanol-blended gasoline and bio- country from a cluster of small colo- important for us to develop the sup- diesel-blended diesel fuel are available. nies over 200 years ago, to a great na- plies of oil and gas in our Nation. In Bingaman amendment No. 3016 (to amend- tion, perhaps the greatest nation ever Louisiana we have off our shores one of ment No. 2917), to clarify the provisions re- lating to the Renewable Portfolio Standard. to be born and developed in this world, the great sources of energy for this Lott amendment No. 3028 (to amendment using a political system that, while not country. No. 2917), to provide for the fair treatment of perfect, is admired by many countries There are any number of leases, both Presidential judicial nominees. and used as a model. active and those that have not been Lott amendment No. 3033 (to amendment We have also proven that our free en- leased yet, tracts of land, that can No. 2989), to provide for the fair treatment of terprise system, our economy, the rule produce ample supplies of gas and oil Presidential judicial nominees. of law, the transparency of our financ- which can move our country forward. Lincoln modified amendment No. 3023 (to ing, the ability to gather capital and We have to ask ourselves: Why would amendment No. 2917), to expand the eligi- invest in business, really produces we be dependent on foreign sources bility to receive biodiesel credits and to re- when there are resources right here at quire the Secretary of Energy to conduct a great wealth, not just for the few but study on alternative fueled vehicles and al- for the many. That is the challenge of home? There are resources not only off ternative fuels. this world. It is not just to enrich a the shore of Louisiana and Mississippi Kyl amendment No. 3038 (to amendment few, but it is to build a broad middle and Alabama, but off Florida, some No. 3016), to provide for appropriate State class, to lift those up off the bottom parts of the east coast and the west regulatory authority with respect to renew- and to provide opportunity as far as coast, as well as in a small portion of able sources of electricity. the sky for those at the top. We, again, Alaska which could provide a tremen- Mr. REID. Mr. President, if this are perfecting that in the United dous resource for this Nation. unanimous consent agreement is ap- States. We are not there yet. I would Veterans are beginning to ask that proved, the majority leader has author- like to see this continue. question. Senior citizens are beginning ized me to announce there will be no I came to the Senate to try to work to ask that question, as are taxpayers, more votes tonight. on a lot of different ideas, frankly, who pick up the tab for this war on ter- I ask unanimous consent there be 2 about how we could continue this great rorism. Believe me, it is a heavy bur- hours for debate remaining today with progress. One of the goals central to den. It is a burden we are willing to respect to the Kyl second-degree the continuation of this is—what does bear. amendment numbered 3038, with the our economy need besides good ideas This chart shows the riches of off- time equally divided and controlled in and a infusion of capital? What else shore Louisiana. We have been proud to the usual form, with no intervening does our economy need to grow? One of help this Nation produce the oil and amendment in order prior to a vote in the things it needs is power. It needs gas necessary to fuel the greatest econ- relation to the Kyl amendment; that electric power. It needs power to run omy on Earth and we are doing it in a when the Senate resumes consideration the various factories and enterprises much more environmentally sensitive of S. 517 on Thursday, March 21, there and systems that undergird this eco- way. There is tremendous potential out will be 4 minutes of debate equally di- nomic growth. here. vided and controlled in the usual form; We find ourselves debating how we The reason I am in the Chamber that upon the use or yielding back of can achieve greater efficiencies as well today is not to go into more detail that time, without further intervening as greater supplies of energy to gen- about this exactly, but to also say that action or debate, the Senate vote in re- erate this power. There is a debate as strongly as I feel about increasing lation to the Kyl amendment; provided about what are the best ways to gen- the production of fossil fuels, I also am further, 30 minutes of the Democratic erate this power. That is part of what aware—which is why I am going to op- time be under the control of Senator the Kyl amendment is about. pose the Kyl amendment—this Nation LANDRIEU. I think the renewable portfolio that needs to do a great deal more to pursue The PRESIDING OFFICER. The Sen- we are debating is something worth and develop our renewable portfolio. ator from Alaska. fighting for. Before I get into that, let We need new sources of power that are Mr. MURKOWSKI. We have discussed me make a few broad comments. not finite, sources such as solar and this on our side and adhere to the pro- I spent some time last week on this wind power. posal by the majority whip. floor, arguing that we have declared While I do not like all the details of The PRESIDING OFFICER. Without one Declaration of Independence, but the mandates, I do think we would be objection, it is so ordered. we need now, after over 200 years of liv- very remiss in the Senate if we did not Who yields time? ing under that declaration, to declare a attach to Chairman BINGAMAN’s bill a Mr. REID. Pursuant to the order pre- new Declaration of Independence, and renewable mandate. Our ultimate goal viously entered, I ask that the Senator that would be an independence from is not only low emissions. Not only do from Louisiana now be recognized for foreign sources of oil and gas. renewables lower our emissions and im- In my book, the No. 1 reason for that 30 minutes. prove our environment, but most im- is national security. That is very clear The PRESIDING OFFICER. Without portantly it helps relieve our depend- to the American people now, post-Sep- ence on foreign sources of oil and gas. objection, it is so ordered. tember 11. The American people are be- So I am opposing the Kyl amendment The Senator from Louisiana. ginning to put together the com- and joining with Senator BINGAMAN, AMENDMENT NO. 3038 promises that unfortunately have to be asking both Democrats and Repub- Ms. LANDRIEU. I rise, Mr. President, made in our foreign policy when we de- licans to let us have a strong vote for to speak about the pending business, pend so heavily on sources of energy renewables. I do not agree exactly with which is the energy bill that has been from some of the most unstable and the way this amendment has been laid down by Senator BINGAMAN and unfriendly places in the world. crafted. I am hoping in conference it worked on very aggressively on both Americans are starting to ask the will be perfected to make sure we are sides of the aisle. question: Why would we import mil- providing the right incentives for re- We are trying to fashion an energy lions of barrels of oil from Iraq when newables in such a way that consumers bill that works for our Nation and ac- we have sanctions against that coun- do not have to pick up too great a tab. complishes a couple of very broad try, when we are flying sorties over I think this amendment can be goals. One of those goals that I think is that country and bombing them at worked with. But to pass this energy most crucial and critical to meet in least once a week, trying to protect bill off the floor of the Senate without terms of the outcome of this debate is America’s interests? a real commitment to renewables the goal of energy independence for the Our veterans are starting to ask this would be a mistake. It will not get us United States of America. question: Why are we sending our any closer any faster to a point where The goal is self-reliance. It is a value, young people to try to protect these oil Americans can say we don’t need Iraq, a tradition of America that has served and gas supplies when we have such an we don’t need Saddam Hussein, and we this Nation very well, that we produce ample supply here in the United don’t need places in the Mideast to what we consume. We relied on our States? send us oil.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2163 With renewables, with a focus that I know there will be Members who do co-ops. Of course, the pending amend- Senator DOMENICI is leading us on in a not agree and want to support the Kyl ment is the Kyl amendment, which is a more robust, safe, environmentally amendment. But I oppose it on the substitute for the amendment I pro- friendly nuclear infrastructure—which principle that we need a strong, renew- posed, which is also a change from the now produces 20 percent of the power in able portion. underlying bill to which the Senator is our Nation—with Domenici and Lan- The Senator from New Mexico, un- referring. drieu and others’ amendments that derstanding there were some initial ob- Mr. NICKLES. If the Senator will have been offered to this bill, we can jections, has modified his original yield a little bit further, in the original increase nuclear production in a smart amendment that was laid down. He has bill, public power was included in the and sophisticated way and provide even tried to hone it down to an acceptable renewable mandate. Is that correct? additional power. principle on renewables. Mr. BINGAMAN. That is correct. The third leg is opening up domestic Again, we can fix it, enhance it, and Mr. NICKLES. I thank my colleague production in our Nation. massage it in conference. But we can for the clarification. The Gulf of Mexico is divided into the make a strong statement on this floor Mr. President, this is an important western section, which is off Texas, and about renewables and about independ- statement for my colleagues in the the middle section, which is off Lou- ence and getting away from our de- Northwest. It is an important exemp- isiana and Mississippi. Then the east- pendence on foreign oil and gas tion. I have heard many people on the ern section, which is part of Alabama sources. floor of the Senate say: Well, renew- and Florida, has been closed to drilling. I will be back in the next couple of ables don’t cost anything. If renew- In the middle section, each one of these days to talk about some specific things ables don’t cost anything, why do we dots represents 3 miles. We are looking that Louisiana, Mississippi, Alabama, exempt Bonneville Power? at about 200 miles off our shore. The Texas, Oklahoma, and other producing Why do we exempt the city of Los red dots and red squares are leases that States are doing. The technology is ad- Angeles? Why do we exempt TVA, the are actually under production. vancing. We are making many im- Tennessee Valley Authority? Why do There is gas coming into our Nation provements to the environment. We are we exempt public entities, period, if through huge pipelines which dis- minimizing the footprint and maxi- this is so good for the private sector? tribute gas and power to many States mizing the advantages for the Amer- People say it does not cost anything, in this country. It is estimated by MNF ican public so the necessary power can and renewables are so beneficial to the that there is 100 trillion cubic feet of be provided for the growth and develop- general well-being of a national energy natural gas in just this one section of ment in this Nation. policy. Why are we exempting such a the gulf. I wanted to speak about the Kyl large portion—rural co-ops, public pow- Natural gas meets the new environ- amendment and to urge adoption of ers, large municipalities? I fail to see mental emission standards. Natural this particular amendment which will the wisdom in it. It may well be that if gas burns cleaner. Natural gas taken make renewables and conservation a we did it, those public entities would from the Gulf of Mexico is distributed strong part of our equation, and also to be screaming because we would be in- to people all over the southern part of give us the independence we deserve, creasing their costs. the United States. Supplies are shipped for which our veterans have fought. We I hope everybody understands, I sup- to the southern parts of the United will continue to fight for liberties, port the Kyl amendment because it States, thereby generating wealth, cre- freedoms, and values. We will succeed will not cost nearly as much as the un- ating jobs, and creating opportuni- in the long run. derlying Bingaman proposal, not the ties—good jobs where men and women Thank you, Mr. President, I yield the one that is in the bill but the one that can feed their families, pay the mort- remainder of my time. has now been offered before the Senate. gage on their house, send their children The PRESIDING OFFICER. Who I have tried to calculate how much it to school, and put some money in the yields time? costs. Costs happen to be important. I bank for their families so they can be Ms. LANDRIEU. Mr. President, I sug- hope everybody realizes, if we do not upwardly mobile and become a solid gest the absence of a quorum. adopt the Kyl amendment, or some- The PRESIDING OFFICER. The part of the middle class—not jobs flip- thing close to it, we will be—by this clerk will call the roll. ping hamburgers or carrying luggage The legislative clerk proceeded to act of Congress, by the Bingaman that are in some ways dead-end jobs. call the roll. amendment, by the renewables man- They are good for starter jobs, but they Mr. NICKLES. Mr. President, I ask date—increasing utility costs, elec- are not good if you are trying to send unanimous consent that the order for tricity bills all across the country. I kids to school or college. These are the quorum call be rescinded. say that because we may well do it. I good jobs that can be created right The PRESIDING OFFICER (Mr. DAY- want people to know there is going to here in the United States. TON). Without objection, it is so or- be a cost involved. We have 100 trillion cubic feet of gas. dered. You don’t put on a mandate on that Technology allows us to get it. We Mr. NICKLES. Mr. President, I see says you have to have 10 percent of could supply the Nation for 5 years my friend and colleague from New your power come out of what is classi- from just this part of the gulf. We need Mexico. fied as a renewable, an incremental re- about 22 trillion cubic feet a year. I have mentioned in two or three newable, with a new cost—and that Imagine if we could have a bill that speeches my displeasure about how this power may cost two or three times as could leave this floor. That would be bill was brought to the floor. I will not much as the marketplace power costs— quite a miracle. I believe in miracles. I repeat that speech again. But this bill and then pretend it does not cost any- have seen quite a few of them in my presented to us is the third iteration. thing. life. If we had a bill that could leave It is a 590-page bill with a renewables How much does it cost? I did some this floor and open domestic produc- section. I was preparing to debate the calculation of a utility in my State, tion in an environmentally safe and renewables section. Now I find the re- Oklahoma Gas & Electric. We cal- sound way—open production around newables section has been amended two culated how much energy they the country that is closed, including or three times. produce. We calculated the cost of ANWR—and have attached to this bill I am looking at the renewables sec- compliance assuming they did not have a real effort to create and generate re- tion. I ask my colleague from New wind power, and so on, so they would newable energy, we could potentially Mexico to correct me if I am wrong. have to purchase it. In the bill, the re- within a few years wean ourselves off The mandate requiring utilities and re- placement cost they could get from the the oil and gas coming from places in tail electric suppliers to produce 10 Government would be for these credits the world that we don’t want to have percent of their electric power from re- which would be 3 cents per kilowatt to be involved in unless absolutely nec- newable sources does not include public hour. essary, because it requires the support power. Is that correct? So if you calculate that, for Okla- of the Treasury and the life and health Mr. BINGAMAN. Mr. President, it homa Gas & Electric, the largest util- of Americans. does not include either public power or ity in my State, it would cost them $62
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2164 CONGRESSIONAL RECORD — SENATE March 20, 2002 million—not an insignificant cost. It is sock it to them. There may be one or proposal deals with billions and bil- an increase in the cost to a utility in two that might benefit. Maybe they lions of dollars of increases in elec- Oklahoma of about 5 percent; in fact, will produce enough of the credits so tricity costs. that would be for most of the utilities they can sell them, so they can sell the Some people are saying, oh, let’s just in the country. electricity. They can get tax credits of have a renewable standard of 20 per- Let’s see if I have one from Min- 1.7 percent. And they can get the credit cent, 10 percent. Oh, it is all doable. We nesota. You are looking at a cost in- from other utilities that do not have have to have renewables. crease of about 5 percent. You might enough credits to meet their 10-percent I believe in renewables. I want to say, how did you calculate that? I will mandate. have renewables. And I want to encour- give you a thumbnail sketch. They get three times the value of age wind power and encourage other al- You mandate that 10 percent of the electricity from the Government. They ternative sources of energy. But I just cost must be in renewables. The most will get almost a 200-percent rate of re- don’t know that we want to pass a law efficient of the incremental renewables turn from the Government, and they that says you must have 10 percent of is wind energy. For wind energy, the get to sell the electricity. That is a your power from this source defined as cost will be at least 3 cents per kilo- pretty good deal for a couple utilities. a renewable, and, oh, we forgot to in- watt hour, plus there is a tax credit of But for consumers, they get a bill. clude hydro, and we don’t care how 1.7 cents per kilowatt hour. So the Some people say it does not make much it costs. That is really the im- total is 4.7 cents. any difference because this is hidden. pact of this amendment. Consumers be- Guess what. The market wholesale This is not going to come as a tax in ware. cost of electricity right now is 2.2, 2.3 the form of Congress issuing a tax in- I compliment Senator KYL because I cents. You are talking about an in- crease. We are not doing that. We are think he has come up with an afford- crease; you are talking about a cost to telling the utilities: You go do it. We able substitute, one that encourages al- both the taxpayers and the consumers are mandating that you do it. And you ternative sources but does not mandate of 4.7 cents, just to start. So you are bill your customers, who happen to be it, does not dictate that your elec- talking about something twice as much our constituents. tricity prices will be increasing by 5 or as the cost of electricity in the coun- We ought to rename this section, 10 percent, which I believe is the case try, and you are saying 10 percent of it ‘‘Renewable Section of Congress In- in the underlying amendment. Senator has to be in the renewables. If you take creasing Electricity Prices,’’ because KYL’s amendment treats all utilities just 10 percent of the power costs—and that is what it is. It is a Btu tax. It is fairly. The amendment proposed by my it says the energy consumed or the en- a tax increase. It is a utility rate in- colleague from New Mexico socks it to ergy produced must be more expensive crease, pure and simple. You cannot some utilities but it exempts a bunch or twice as expensive—you have in- mandate that 10 percent of the mar- of other utilities. creased their cost by at least 5 percent. ginal power has to be increased from Why should California be exempt and I do not know if people around here certain renewable sources. Texas and Oklahoma not be exempt? are really cognizant, but the more I It is very interesting to note, a re- That doesn’t quite seem right to me. learn about this renewable section, the newable source is not hydro under the Why is the Northwest exempt? Why is more I am flabbergasted of how people definition in the bill. They left out Bonneville exempt and the privately are thinking they are going to vote for hydro, which is as renewable as any. owned utilities are not? They already it and not increase costs. It is an enor- Oh, it is left out. Why? I don’t know have lower utility rates in many cases mous cost increase—enormous, in the why, but it was left out. It is renew- because they have Federal hydropower, billions of dollars. It is billions of dol- able, but we are just not going to de- which is pretty cheap. It was built a lars that transfer from basically fossil fine it, so it is left out. The more you long time ago. So they already have fuel plants to certain areas or certain find out about this amendment, the low rates, and we are going to exempt companies that produce so-called cred- proposal by my colleague from New them. But the other rates, no, you are its or they can buy the credits from the Mexico, the less sustainable it is. stuck. We are going to sock it to you. Government. If they can buy the cred- I wish to mention a few companies— I just question the wisdom of that. its from the Government, the Govern- we have gotten this from the Energy I hope my colleagues will look at this ment has a big new fundraiser in this, Information Administration, Depart- long and seriously. Seldom do we have a big tax increase that utility payers ment of Energy—and with how much an amendment that will have such a are going to be paying. energy they produce, and with the 10- significant impact of billions of dol- I make mention of two or three percent renewable requirement, and as- lars, and seldom do we have as many issues. The original Bingaman amend- suming they have to purchase the off- colleagues kind of absentee as far as ment that was in this section did not set, the credits, how much will it cost: knowing what the impact of this exclude public power. It did not exclude the Public Service Utility of New amendment would be on their constitu- the city of Los Angeles, which, inciden- Hampshire, $21 million—a pretty good ents. I would like for people to pause tally, has a powerplant and consump- hit—Kansas City Power & Light, $16 and think. tion as big as Oklahoma Gas & Elec- million; Kansas Gas & Electric, $27 mil- I will be happy to share information tric—pretty good size—and they are ex- lion; Nevada Power Company, $50 mil- that the Energy Department has pro- empt. Oklahoma Gas & Electric is not lion; Sierra Pacific Power Company, vided us on what this might cost your exempt, but the city of Los Angeles is. $24 million; Arizona Public Service utilities and what your utilities will I heard the Senator from California, Company, $67 million; Tucson Electric, have to pass on to the constituents. It Mrs. BOXER, say, yes, these renewables $24 million; Pacific Gas & Electric, $216 won’t cost the utilities money. They are great. If they are so great, why million. will charge that added, mandated cost don’t they apply to the city of Los An- Guess what. Pacific Gas & Electric from this Senate to their customers. geles? Why doesn’t it apply to Bonne- was having a hard time staying out of So the utilities won’t pay it. ville? Why doesn’t it apply to TVA? bankruptcy. They actually filed for I have mentioned a few of these. Why doesn’t it apply to municipalities? bankruptcy. We are going to put on a MidAmerican Energy Company faces Why doesn’t it apply to co-ops? mandate that they have to spend $216 44.6 million dollars in increased utility There is support from co-ops. They million. We are exempting Bonneville prices. They will only transfer these don’t want to have their cost go up. but not exempting Pacific Gas & Elec- costs to their customers. The truth is, Certainly, we don’t want to mandate tric. Maybe they have offsets to reduce a lot of those customers are going to be that the municipalities have their cost that. Maybe they have enough wind en- companies that maybe are struggling go up. We don’t want the cost to go up ergy to do it, but I doubt it. to survive, that maybe are having a for public power. We will exempt them Georgia Power, $223 million. I could hard time creating jobs. And we are and maybe buy some votes. But who go on and on. My point being, I do not going to increase their utility prices by are we going to sock it to? Oh, we will think this amendment has been well 5 or 10 percent. Some companies, some sock it to anybody else that happens to thought out. I do not think we have corporations, commissions, maybe the be a privately owned utility. We will had a hearing on this proposal. The Texas Railroad Commission will say:
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2165 We really don’t want this to happen to was the figure he mentioned. According buying credits at the highest possible the residential consumers, so we will to the figures we were given by the En- price is just not the real world. PG&E just have the increase and sock it to ergy Information Agency, the average already produces power from renew- the big users. cost in this country for electricity is ables. Arizona Public Service is an- There won’t be as much political fall- 4.3 cents per kilowatt hour, not 2.2. other example. He mentioned out. There might be a loss of jobs in Mr. NICKLES. Will the Senator MidAmerican and how this would cost the process. Maybe they will make it yield? I am talking about wholesale MidAmerican $40-some-odd million. apply equitably to residential con- cost which is the replacement cost I have a letter here from David sumers as well. They will have a big in- where if you have incremental renew- Sokol, chairman and chief executive crease. Then people will go ballistic. ables going into the system, they are officer of MidAmerican, where he People will say: Wait a minute, paid the wholesale cost, not the retail writes: where did this mandate come from? It cost. Dear Chairman Bingaman: came from Congress in the year 2002. Mr. BINGAMAN. This is a wholesale I am pleased to write in support of your ef- We didn’t see it in our bill until 2004, or cost figure I just gave you, 4.3 cents. forts to include provisions to promote the maybe we didn’t see it fully imple- We are glad to share the information development of renewable energy resources with you. for electric generation in the Senate’s com- mented until 2008. It passed in the year prehensive energy bill. 2002 because somebody thought it was a He says that we don’t have hydro in Then he goes on to write that his good idea. here. We do have hydro as one of the I think my colleague from Arizona items that a utility gets credit for company is ‘‘one of the world’s largest has the right idea. I hope our col- when determining the base against developers of renewable energy, includ- leagues will support it. I hope they will which the percentage applies. So that ing geothermal, wind, biomass and start looking at the underlying cost we give them full credit for hydro in solar.’’ Continuing from the letter: that is in this so-called Bingaman that. amendment. I hope they will look at Then we say, taking that base to the Renewable electricity can play a critical role in diversifying the nation’s fuel mix and the cost of that amendment and say: extent that they expand their energy generation from increments of hydro- providing emissions-free electricity for Isn’t there a better way, a more afford- American consumers. able way? Should we not include hydro power, that those will count. Mr. NICKLES. Will the Senator yield The PRESIDING OFFICER. The Sen- in renewables? Shouldn’t we include to make sure we are both on the same ator’s 5 minutes have expired. public power? If we are going to man- wavelength? Mr. BINGAMAN. There will be other date it on all private power, should we Mr. BINGAMAN. I yield to my friend opportunities for me to speak. I know I not include public power as well? If we from Oklahoma. have some colleagues who wish to are going to have a universal energy Mr. NICKLES. Any incremental new speak at this point. I yield the floor. policy, why would we exempt rural hydro would count as renewable. I con- The PRESIDING OFFICER. The Sen- electric co-ops? Why would we exempt cur. ator from Oklahoma. municipalities, enormously large pub- Mr. BINGAMAN. That is exactly Mr. NICKLES. Mr. President, I know lic power such as Bonneville and TVA? right. my colleague from Virginia has been It is a mistake. I urge my colleagues Mr. NICKLES. Would the Senator patient. I rise to make a couple points. to support the Kyl substitute to the agree with me, in your definition of 10 The wholesale power cost, which my Bingaman amendment. percent renewables, existing hydro is colleague alluded to, was 4.–some I yield the floor. not counted in that definition? cents. The spot market on wholesale The PRESIDING OFFICER. Who Mr. BINGAMAN. Mr. President, re- power cost in the Pennsylvania and yields time? The Senator from New gaining the floor, I agree that it is not. New Jersey and Maryland exchange Mexico. That is for a very simple reason. If you was 2.1 cents to 3 cents from January Mr. BINGAMAN. Mr. President, how do count existing hydro in that 10 per- to March. And Palo Verde is 2.2 cents much time remains on the two sides? cent, certain States, particularly in to 4.3 cents between January and The PRESIDING OFFICER. The Sen- the northwest part of the country—and March. Those are current prices that I ator from New Mexico has 30 minutes, also Maine—far exceed that. There just wanted to mention. and the minority has 45 minutes. would be a tremendous disparity be- If a utility, for whatever reason, Mr. BINGAMAN. Mr. President, I tween the extent of the renewables doesn’t have 10 percent renewable—and yield myself 5 minutes. I know I have a they have in their base or that they get most all utilities don’t; there might be couple colleagues here who also want credit for as compared to the rest of one or two, but most of them don’t—— to speak. I know there are also, per- the country. they are either going to have to reduce haps, Members on the other side. What we are trying to do with the it or buy it. If they have to buy it, the First of all, the Kyl amendment is a Bingaman amendment is to provide an cost is up to 3 cents. There is also a 1.7- stark contrast with what we are other- incentive for the addition of additional cent tax credit. That equals 4.7 cents. wise trying to do with a renewable renewable power. To the extent they That is still 100 percent more than portfolio standard. The Kyl amend- can do that with hydro, we give them what the marketplace is providing in ment is very simple in that it says: credit for it. the examples my colleague and friend Each electric utility shall offer to retail Let me talk about some of the fig- from New Mexico mentioned. customers electricity produced from renew- ures. I would be anxious to see the cal- But I am just saying the spot price in able sources to the extent that it is avail- culation to which the Senator from some big areas in the country is 2 cents able. Oklahoma was referring. As I under- to 3 cents. You are talking about a rate That is fine, but ‘‘to the extent it is stood his explanation, he gave us fig- of return for this incremental power of available.’’ And they do that today. ures for what each of these utilities over 100 percent more than market They offer electricity produced from would have to pay in order to comply price today. That is expensive. That renewable resources or sources to the with this provision, assuming they had will greatly increase costs, and some- extent that it is available. to buy all their credits. body will have to pay for it. Ulti- What we are trying to do with the Mr. NICKLES. That is correct. mately, electric consumers will pay for Bingaman amendment, with estab- Mr. BINGAMAN. That was what I un- it. They need to know that before we lishing a renewable portfolio standard, derstood him to say. The truth is, pass this amendment. is to provide some assurance that it many of the utilities—I don’t know I yield the floor. will be available so that some portion about all of them—he named are not The PRESIDING OFFICER. Who of the power produced by large utilities going to have to buy any credits. They yields time? will, in fact, be produced from renew- are already producing power from re- The Senator from Texas is recog- able sources. newable sources, substantial amounts nized. My colleague from Oklahoma says of power. Mr. GRAMM. Mr. President, I think usually the price of electricity is 2.2 To suggest that PG&E in California the Senator from Virginia was here be- cents per kilowatt hour. I think that is going to have to be going out and fore me.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2166 CONGRESSIONAL RECORD — SENATE March 20, 2002 Mr. KYL. Mr. President, we are under tainly, you can argue that hydropower buy them from Americans. Can I buy a time agreement and we are going to is at least as renewable as chicken ma- these credits from people in China? I be running out of time if things other nure and pig manure and cow manure, don’t see in the bill a provision that than the pending amendment are al- all of which will be subsidized under says I have to buy credits from Ameri- lowed to intercede into this debate. this energy bill, in terms of electricity cans. Can I buy them from Mexicans, Our vote is set to be cast first thing in production. In Texas, we have a much from the Canadians, from China, from the morning, as I understand it. So broader definition of what a renewable Russia, or from Uzbekistan? My ques- whatever debate we have, we have to is. tion is: How well is this whole process do tonight. So, one, our standard is based on ca- thought out? When you let people buy We have at least an hour of speakers pacity, not generation, because you credits, you are not producing more en- on our side, starting with the Senator have to have the flexibility with these ergy, you are basically spreading the from Texas and myself, and the Sen- alternative sources. Two, it is roughly misery. ator from Oklahoma, I guess, is done, 3 percent, not 10 percent. Three, it I hope Senator KYL’s amendment and then we have the Senator from counts one of the most common renew- passes. I am going to vote for it. But if Idaho and the Senator from Wyoming, able sources, which is hydropower. I it doesn’t pass, maybe a fallback posi- at least. As a result of that, I think we think that is a very big difference. So tion ought to be that if any electric ought to proceed with debate on the to say that this is somehow what we company is going to have to raise their pending business so that we can fit did in Texas is simply not accurate. power rates by more than 5 percent, within our timeframe and be ready to Now, I want to touch on a couple of maybe they ought be able to join Los vote tomorrow morning. other things. First of all, I think we Angeles, maybe they ought to be able Ms. LANDRIEU. Mr. President, may I are getting carried away here with to join Bonneville Power, maybe they inquire if, under the previous order, we these alternative sources. On my place ought to be able to join the coopera- are entitled to alternate from one side in Texas, I have a windmill. It is a real- tives and be exempt. This is clearly to the other on the amendment, given ly pretty windmill and it is called High going to cost a lot of money because if the time allocated to us? Lonesome Windmill; it is high and it weren’t costing a lot of money, why The PRESIDING OFFICER. There lonesome, and it is sitting on a hill. It does everybody want to get out from was no order to provide for that. pumps water into a storage tank, and under it? Ms. LANDRIEU. I ask unanimous there is an overflow valve that runs I think the amendment of Senator consent that we simply alternate dur- down to the pond that keeps water KYL is a good one. It sets a goal. But ing the time of the amendment, within there for turkey, deer, hogs, and what- something is very wrong economically the amount of time allocated. ever happens by. I think it is fair to in telling people, no matter whether it Mr. KYL. Mr. President, to the ex- say that this windmill is beautiful. I is feasible or not, no matter whether it tent that the time is available, we can also think it is fair to say that 100 can be achieved or not, no matter how do that. windmills would be an eyesore. much it costs, that unless you are one The PRESIDING OFFICER. Is there So when you are talking about gener- of these privileged people who have an objection? ating 10 percent of the energy of the exemption, you have to generate 10 Without objection, it is so ordered. United States with things such as wind percent of your power by 2020 with The Senator from Texas is recog- power, please consider that one wind- these alternative sources; and, after nized. mill is not bad. But if you put a hun- that, over the next 10 years, then the Mr. GRAMM. Mr. President, I will dred or a thousand of them on my Secretary of Energy can set the rate at try to be brief. There are just a couple place, the place would be an eyesore. wherever they want to set it. God for- of points I want to make. When we are talking about this, I bid we should have some lunatic as the First of all, a big deal has been made think it is fair to keep that in mind. Secretary of Energy in 2021. They out of the fact that Texas, in its elec- I join the Senator from Oklahoma in would have the power under this bill, tricity deregulation legislation, had a saying, look, you can have it one way, unilaterally, to set this rate anywhere renewable energy provision in it. In or you can have it another way, but they want to set it, other than below 10 fact, the point has been made—erro- you can’t have it both ways. If this re- percent. neously—that this is just what you newable energy is a good deal, how Is that a wise delegation of power? have in Texas and it was George W. come it is not a good deal for every- Should we give anybody in America Bush who signed that bill into law. I body? It seems to me it is absolutely that much unilateral power? I do not want to straighten that out because outrageous to say, Los Angeles, CA, think so. the Bingaman amendment is nothing doesn’t have to abide by the law and This provision is riddled with special like what we have in Texas. sell renewable power through its mu- interest loopholes. I think it is an un- First of all, in Texas we have a provi- nicipal utility, but Dallas, TX, does. workable mandate of the worst sense sion that is related to renewable gen- Bonneville Power doesn’t have to abide and violates the logic of economics. It eration capacity, not to how much re- by the law, but their competitor has is nothing like the Texas provision. I newable power you sell, because when to, and rural cooperatives don’t have to hope we can adopt the Kyl amendment. you have a windmill—and I may be the abide by the law. I am afraid that all these people who only Member of the Senate who owns a Well, look, if renewable power and an have gotten exemptions are going to windmill, and I will talk about that inflexible federal mandate is a good vote for it now. If I represented Los later—but you have a windmill, some- thing, how come it is not good for ev- Angeles, maybe I could say: Look, this times the wind doesn’t blow. Some- erybody? There is no way that can be could hurt, it could be expensive, but it times the sun doesn’t shine. So the defended. That is plain old rotten, spe- will not affect you; I cut this deal. Or Texas provision is based on capacity, cial interest vote-buying which basi- maybe if I got power from the TVA, I not generation. cally says: We know this is a provision could say: Yes, I am worried about Secondly, the Texas provision is that will cost a lot of money. You have this, but do not worry, I covered us. that, by 2009, we have the capacity to political interests that are for it, and I sometimes think I have some per- generate 2,000 megawatts from alter- in order to get it passed and impose it suasive power, but I do not think I am native sources. We currently generate on the poor people who can’t get out good enough to defend this provision. I about 73,000 megawatts, which is from under it by cutting a political do not think I could defend a provision, roughly 3 percent renewable energy, deal, we are going to exempt Los Ange- and standing with great righteousness, not the 10 percent provision in the les, CA and other municipal and public by saying: Renewable power is what we Bingaman amendment. power providers. Give me a break. That need, but we do not need it in Los An- Finally, renewable energy in Texas is is about as outrageous as it can be. geles, we do not need it in TVA, we do renewable energy. In the state of Wash- Finally, I believe there is a drafting not need it in municipals, we do not ington, hydropower is not renewable error in this bill. In looking at this bill need it for rural America. If it is so energy according to this bill, even in a cursory way, I don’t see any re- good, why do we not need it for those though it rains there constantly. Cer- quirement that if I buy these credits, I things?
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2167 Mr. BINGAMAN. Will the Senator represent States that did not get ex- to generate power from wind. I am sure yield? emptions? That is why we need the Kyl it is somewhat more expensive. I am Mr. GRAMM. That is my question. I amendment. That way, States can sure there are kinks to be worked out, will be happy to yield. make up their own minds. They are no but do not lead people to believe that it Mr. BINGAMAN. The information I less responsible than we are. They care is not being done in an efficient way. have been given—and I am interested if no less about the environment than we Mr. President, I ask unanimous con- this is accurate, as the Senator from do. They are no less informed than we sent to print in the RECORD a fact sheet Texas understands it—Texas also ex- are. In fact, they are probably much from the Union of Concerned Sci- cludes from their requirement munici- better informed about their own cir- entists, an EIA study that says: ‘‘Na- pals and co-ops, just as we are doing in cumstances. tional Renewable Energy Standard of this bill. I am strongly in favor of the amend- 20 Percent is Easily Affordable.’’ Mr. GRAMM. I wondered how they ment, and I commend the Senator from There being no objection, the mate- got such a bad provision passed. Arizona. rial was ordered to be printed in the Mr. BINGAMAN. They have a provi- The PRESIDING OFFICER. The Sen- RECORD, as follows: sion that requires 4.3 percent of all ator from Louisiana. [From the Union of Concerned Scientists] sales be from renewables in the year Ms. LANDRIEU. Mr. President, I rise EIA STUDY: NATIONAL RENEWABLE ENERGY 2009, which is where their bill stops in opposition to the Kyl amendment. I STANDARD OF 20% IS EASILY AFFORDABLE going forward. Our provision calls for wish to speak for a few minutes to add A national renewable portfolio standard 3.4 percent by the year 2009 and has the to my remarks of just a few moments (RPS) to provide 20% of US electricity from same exclusions they have in Texas. wind, solar, geothermal, and biomass energy ago. by 2020 would cost energy consumers almost If the Senator has any contrary in- Mr. BINGAMAN. Mr. President, how nothing, according to a recent study by the formation, I want to—— much time remains? U.S. Department of Energy’s Energy Infor- Mr. GRAMM. Let me reclaim my The PRESIDING OFFICER. The Sen- mation Administration (EIA). A national time, and I will finish because there ator from New Mexico has 24 minutes RPS increasing these resources from 2% are other people who want to speak. 37 seconds. today to 20% by 2020 is included in the Re- First of all, I went through the dif- Mr. BINGAMAN. How much time newable Energy and Energy Efficiency Act of ferences with the Texas program. I do does the Senator from Louisiana in- 2001 (S. 1333), proposed by Sen. Jeffords (I– VT) and five other Senators. not see how you can defend exemptions tend to use? The EIA report, using high estimates of re- if you support the policy. Had I been in Ms. LANDRIEU. Ten minutes. newable energy costs (see discussion below), the Texas Legislature, I would not Mr. BINGAMAN. That will be fine. I shows that under a 20% RPS, total consumer have voted for this provision. Let me yield 10 minutes to the Senator from energy bills (other than for transportation) make that clear. I would not have Louisiana. would be roughly the same as business as voted for it. Ms. LANDRIEU. Mr. President, the usual through 2006 and only $2.8 billion or However, it is very different from the Senator from New Mexico has done an 0.7% higher in 2010. By 2020, total bills would proposal here. It is much more modest. extraordinary job in leading us through be $580 million (0.1%) lower with an RPS. Other studies using more realistic assump- It does count hydroelectric power as a this obviously quite contentious en- tions and incorporating the energy efficiency renewable. It is based on generation ca- ergy debate. It is the result of so many incentives in S. 1333 show that consumers pacity, not actual sales. In other different views of different regions, could receive 20% of their electricity from words, it is far more reasonable if you with each having its own set of natural renewable sources and save billions of dollars are going to adopt an unreasonable pol- resources and demands. It is very hard (see below). icy. to come up with a national policy that EIA found that a 20% RPS would increase Let me make one additional point. If works for our Nation and also respects average electricity prices (the cost per unit of electricity) by only 3% over business as this turns out to be nonsense and we our regions and States. usual levels in 2010 and 4% in 2020. With a get to 2007 or 2008 in Texas and we dis- If we do not change the direction in 20% RPS, electricity prices in 2020 are still cover that our power rates are going which this Nation is headed—depend- projected to be nearly 7% lower than they through the ceiling because Texas did ent and unable to produce the energy are today. it, Texas can undo it. If they do not necessary for our Nation to grow and Even these small increases in electricity undo it, people can move. They can develop—our economy and our national prices are largely offset, however, by lower move to New Mexico. security will be jeopardized. natural gas prices. Because an RPS creates a The problem is, when we mandate it I commend the Senator from New more diverse and competitive market for en- ergy supply, EIA finds that these market from Washington, then the fact that it Mexico for staying tough and holding forces would reduce natural gas prices and is a disaster in Texas does not mean it the line and trying to move a bill out bills. is going to get changed in Washington. of the Senate and into conference Diversifying the electricity mix with re- Why not let the States do what Texas where it can be perfected. newable energy also helps stabilize elec- did: Set out a policy that makes sense I oppose the Kyl amendment and sup- tricity prices by easing pressure on natural for them, and then if it does not work, port Senator BINGAMAN’s efforts on re- gas prices and supplies. Under a 20% RPS, they can change it. Why should we be newables. There might be a better way, average consumer natural gas prices are 3% lower than business as usual in 2010 and 9% dictating in Washington what is good a better method than mandates. Recog- lower in 2020. These lower prices would save for the States—what is good for Lou- nizing that the House did not put in gas consumers $10 billion per year by 2020. isiana, what is good for Arizona, what any substantive provisions for renew- The net present value cost of a 20% RPS is good for New Mexico? ables in its energy bill, I hope we can would be only $14 billion over the next 18 My legislature adopted a policy they explore this issue between the time years. With ongoing natural gas savings thought was good for Texas. We are this bill leaves the floor and gets to after 2020, an RPS would likely produce net going to override it with this Federal conference where I hope it will be per- savings for consumers. A 20% RPS would also help reduce emis- bill. If anybody thought it was good—I fected and balanced in promoting re- sions from power plants. Under an RPS, car- personally do not—but if anybody newables. bon emissions from power plants would be 55 thinks it is so good, why not leave it While the Senator from Texas does million metric tons or 8% lower than busi- alone? But we are not going to leave it not evidently think windmills might ness as usual in 2010 and 137 million metric alone; we are going to override it. work and does not like the way they tons or 18% lower in 2020, according to EIA. I am afraid with all these exemp- look, many people do like the way CORRECTING EIA ASSUMPTIONS AND COMBINING tions, the fix is in, but this is really windmills look. There are many re- AN RPS WITH EFFICIENCY PRODUCES ADDI- bad policy. The Senator from Arizona gions that are having success with TIONAL SAVINGS has a good amendment. I hope it is wind power. Several other studies have found that adopted, and I commend it to people. I In Spain, Germany, and Denmark, using more realistic assumptions and com- hope they will vote for it. I hope people wind power supplies over 20 percent of bining an RPS with strong energy efficiency policies would produce additional savings for who received all these exemptions will their electricity. It really is a wonder- consumers. simply say: If I needed the exemption ful thought that we can use the brains The DOE Interlaboratory Working Group to vote for it, what about people who God has given us to create technology (IWG), consisting of the five national energy
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2168 CONGRESSIONAL RECORD — SENATE March 20, 2002 research labs, corrected a number of EIA’s clear, or renewables, we by virtue of off the shores of Louisiana and is lit- assumptions (see below) and found that, that reduce our dependency on foreign erally piped through an extensive sys- when combined with energy efficiency pro- oil sources. tem of pipelines to other parts of the grams, an RPS of 7.5% by 2010 would save By increasing renewables, we can im- country. We are proud of this. consumers over $65 billion per year by 2020 prove our domestic fuel supply. There We would like to see more pipelines (1997$). At the request of Senator Jeffords, EIA are several reasons, I suggest, why this coming from different places so we used IWG assumptions and found that the is a good thing to do. could provide clean natural gas for the combination of an RPS of 7.5% by 2010, ad- First, as I said, we need to reduce our Nation. People in Louisiana, even vanced energy efficiency measures, and four- dependency on fossil fuels. Even as though we are proud of our natural gas pollutant emission reduction targets similar someone who comes from a State that and proud to be able to contribute it to to those proposed by Senator Jeffords in S. produces a lot of oil and gas, I know the Nation, believe in renewables be- 556 would save consumers $64 billion per year that one of these days those wells are cause they also give us additional by 2020 on their energy bills. going to dry up. I certainly hope this sources that will come into the coun- UCS’ Clean Energy Blueprint report, which does not occur in the foreseeable fu- used similar assumptions to the IWG for re- try from a variety of different places. newable energy technologies, shows that an ture, but one day they will, because Renewables are theoretically better RPS of 20% by 2020, with the energy effi- they are a finite source. Renewables dispersed around the country because ciency incentives in S. 1333, would save con- are infinite. They are, as their defini- they can be created through solar, sumers $35 billion per year by 2020 or a net tion says, renewable. We can get re- wind, or biomass. So the advantage of present value of $70 billion over 18 years. newables, create renewable energy, and renewables is not only that they are The Clean Energy Blueprint found that ad- continue generating power for our in- clean and efficient, but they also help ditional efficiency incentives, including for dustries. us redistribute the sources of power, combined heat and power plants, would in- Domestic energy production, whether giving us a greater balance, so there crease annual savings to $105 million per it is through oil, gas, wind, coal, bio- year in 2020 and net present value savings to are not blackouts in California or $440 billion over 18 years. mass, or solar, increases jobs in our brownouts on the east coast. That is country. One of the things we spend a something in this debate I believe we EIA OVERESTIMATES THE COSTS OF RENEWABLE ENERGY great deal of time talking about is how have to keep foremost in our mind. we can create good-paying jobs, jobs The PRESIDING OFFICER. Will the The DOE Interlaboratory Working Group found that EIA significantly overestimates where people can make a living, have a Senator suspend. The Senator is under the cost of adding renewables to the system. living wage, save, send their children an existing order in which she had time The EIA: to college, purchase a home. Those in her own right which has now been Uses higher cost and worse performance as- things are really very important. They expired. So does the Senator from New sumptions for most renewable technologies are important to all of our States. Mexico wish to yield 10 additional min- than recent experience and projections by Investing in renewables technology utes to the Senator from Louisiana, as the utilities’ Electric Power Research Insti- generates jobs. Domestic production he did before? tute and DOE; creates jobs in America. We are all for Ms. LANDRIEU. Will the Senator Arbitarily increases the capital cost of wind, biomass, and geothermal technologies helping the world create jobs. We yield an additional 1 minute? by up to 200% in a given region after a fairly would like to see a great middle class Mr. BINGAMAN. I will be glad to small amount of the regional potential is created in every country in the world, yield. met; but our first objective is to create jobs The PRESIDING OFFICER. The Sen- Limits the penetration of variable output for the citizens of this Nation. ator from Louisiana. resources like wind and solar power to 15% of The third reason renewables are a Ms. LANDRIEU. The fifth reason is it a region’s electricity generation; in parts of good thing is that they give us diver- is American technology that is at the Germany, Denmark and Spain, wind power is sity. Why do we need diversity? We base of these technological advances in already providing more than 20% of total need diversity because in a competitive renewable energy. However, we are not electricity generation; system no industry, no generator of using them. They are being used by Eu- Assumes that renewable energy generation ropean nations. Our technology is de- will cost 4 to 5 cents more per kilowatt-hour electricity, or no region should be held than electricity from natural gas plants be- hostage in the event natural gas prices veloped at our universities, in our lab- tween 2010 and 2020. soar. They potentially could switch to oratories, with our scientists, with our USC also found that both the EIA and the another source of fuel. If that source of engineers, but we are not taking ad- IWG limit the amount of biomass that can be fuel were too high, they could switch vantage of these renewables. The Euro- co-fired in existing coal power plants to 5% to another source of fuel, thereby keep- peans have done it in a period of 5 of the plant’s input. Recent experience from ing prices stable and low, and gener- years, from 1990 to 1995. As I said ear- around the world has shown coal plants can lier, Spain increased its renewable re- be co-fired with up to 10–15% biomass. ating and increasing competition. So by increasing renewables, we in- sources by 300 percent, Denmark by 150 Ms. LANDRIEU. Mr. President, Sen- crease the options for businesses and percent, and the Netherlands over 50 ator BINGAMAN is rightly arguing that electric generators so the consumers percent. while this amendment may need to be are ultimately benefitted. Consumers In conclusion, I think a solution to perfected, we must develop a portfolio see their prices rise when there are mo- our dependence on foreign oil is more of renewable fuels in this Nation if we nopolies, and when people have no robust domestic production with a real are to reduce our dependency on for- choice but to get power from either gas commitment to renewables. If we do eign oil and other sources of power. or oil. those two things, we can reach inde- Let me show a chart that will clearly So as we write a bill that helps this pendence, which I think our country illustrate that. This is electricity gen- country to expand the choices of fuel, and our citizens, whether they live in eration by fuel. We, right now, have consumers will be helped and taxpayers California, Louisiana, or New York, most of our electricity generated from will see their bills lowered. would cheer about. That is why I am coal sources with a rising number of The fourth reason I support renew- opposing the Kyl amendment and sup- generators and powerplants fueled by ables is that they are the cleanest op- porting Senator BINGAMAN. Again, I natural gas. Since Louisiana is the sec- tion. hope for perfection through the con- ond largest producer of natural gas, I Now I have been in this Chamber ference process, but I also hope this bill most certainly represent the interests talking about natural gas. I am very retains a renewable portfolio and sends of people wanting to see more domestic proud of the work we do in Louisiana, an important message to the American production of natural gas. as well as Texas, and Mississippi. We people that we can stake our claim to However, we have not been able to produce a lot of natural gas. It meets an independent future. move very much this line representing the standards set by the EPA and our The PRESIDING OFFICER. As a renewables. own state laws and regulations. We point of clarification, the Chair an- We hope to increase renewables be- hope to continue to produce natural nounces the Senator from New Mexico cause by improving our domestic gas for this country. has 22 minutes 29 seconds remaining; sources of energy, or increasing them, I will put up the other chart which the Senator from Arizona has 29 min- whether from coal, natural gas, nu- shows how much the natural gas comes utes 54 seconds remaining.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2169 The Senator from Arizona. be very affordable. Let’s examine that State of Arizona, the private utility Mr. KYL. Mr. President, I will take a for a minute, because the second rea- Arizona Public Service is the biggest at few minutes to respond to the Senator son was we needed to diversify our fuel $67 million, a 3.72-percent increase. The from Louisiana, and then the Senator for electrical generation in order to Salt River Project, which would be from Alaska would like to speak, un- keep prices lower. The assumption was temporarily exempted, is $66 million, less there is an intervention on the this would keep prices lower. up 4.63 percent. Another private util- other side. Again, she is wrong. We have today ity, Tucson Electric, is $24.5 million, up The Senator from Louisiana had four the figures from the Department of En- 3.69 percent. basic reasons that she supports the ergy agency that puts these figures to- The percentage increases are from 3 Bingaman approach and opposes mine. gether, the Energy Information Admin- percent up to under 30 percent. How I will go through each of those. istration. I can read the figures for would you like to be getting power Her first reason was we have become every single utility in every single from the Welton Mohawk Irrigation too dependent upon foreign oil and that State as to what the increases will be. District, with a 291⁄2-percent increase? if we have renewables to generate elec- This is a pretty conservative estimate Fortunately, it is one of the political tric power, that will somehow solve the because they only take the power that subdivisions that is currently excluded problem. Well, the Senator from Lou- is being purchased today—not 15 or 20 from the bill. Certainly they hope to isiana could not be more wrong. I wish years from now—and they have not in- remain excluded. she would put the chart back up which dexed for inflation. In California, Pacific Gas and Elec- showed the dispersal of the various en- I suspect we all agree inflation will tric is $260 million, over a 3-percent in- ergy sources. We saw at the very bot- go up. All they took was the 3 cents per crease. San Diego Gas and Electric is tom of that chart there was a red line. kilowatt hour, which is the basic cost $45 million. Southern California Edison That is the oil that is used to generate that you would buy it from the Depart- is $221 million. The total in that electricity in this country—hardly ment of Energy, and projected that 3 State—again, under the conservative anything. We do not generate elec- cents per kilowatt hour—not 3 cents assumptions—is three-quarters of a bil- tricity with oil in the United States, as per kilowatt hour adjusted for infla- lion dollars. the chart showed. Transportation flows tion. Mr. BINGAMAN. Would the sponsor on oil—that is how we drive our cars— What would the costs be? I will take of the amendment yield for another but we do not generate electricity with Louisiana, the State of the Senator question? it. who just spoke. I will leave out for part Mr. KYL. I am happy to yield. So if the argument is we have to re- of this discussion the municipals, but I Mr. BINGAMAN. As I understand duce our dependence upon foreign oil in will bring them in to show it is the these figures, they are calculations of the generation of electricity and there- same for the municipals. I begin with what it would cost these utilities to fore go to these renewable resources, private utilities in Louisiana. buy 10 percent of their power now. For the CLECO Power Company, the nothing could be further from the Mr. KYL. At the end of the time they cost of this is $25.5 million, an increase truth. are required. in retail of 41⁄2 percent. Entergy, Gulf The Senator’s chart was accurate Mr. BINGAMAN. To buy this on the States Louisiana and New Orleans is that we produce electricity in this assumption they are producing nothing $60 million, $89 million, and $17 million, country with nuclear generation, with from renewable power, is that correct? respectively, with an increase in prices gas, and with coal. That is where we Mr. KYL. They had to have a number to the retail customer of over 5 per- get our energy production. So the argu- representing cost and the cost number cent, 41⁄2 percent, and 3.86 percent. ment that somehow this will help us Mr. BINGAMAN. Will the Senator that it used was the one in your bill, in reduce dependency on foreign oil is ab- yield? your amendment, the amendment of solutely untrue. Mr. KYL. I am happy to yield. the Senator from New Mexico, which is I also will comment on the fact that Mr. BINGAMAN. I ask, why does my that you can buy this from the Depart- the Senator from Louisiana said we colleague, who sponsored this amend- ment of Energy at 3 cents per kilowatt will run out of oil and gas someday. ment, mention how much it will cost hour. Well, someday we will, but, again, we Entergy to comply with the underlying Mr. BINGAMAN. There is nothing in do not produce electricity with oil and Bingaman amendment; why are they this analysis that acknowledges that we have a lot of coal, virtually an inex- supportive of the Bingaman amend- most, if not all, of the utilities that haustible supply of coal. We could gen- ment and strongly opposing the Kyl have been mentioned produce renew- erate all of the electricity that this amendment if this is going to be expen- able power from renewable sources now country could use for centuries on the sive for them? and have great ability to add to that as coal we have in this country. We have Mr. KYL. I am happy to answer the the years progress, is that not right? been spending a lot on clean coal tech- question of my colleague. It will not Mr. KYL. No, it is not right. In fact, nology, so we can now do it in a very cost energy companies a penny but many of the people or companies that clean way. Nuclear power is essentially cost energy’s customers. That is the sell to power retail do not produce with inexhaustible. So if one is talking whole point. We are the ones who will renewable sources today. They have to about oil and gas running out as a rea- pay, not the power company. buy credits. The assumption is based son we have to go to renewables, again, The reason this particular power upon the value of the credits as set it is absolutely false. company supports it—I understand forth in the amendment of the Senator Finally, with regard to this first ar- they will have to answer for them- from New Mexico. gument, the Senator from Louisiana selves—they have invested in wind Yes, some will build renewable en- said: After all, wind is free. She then power. As I pointed out yesterday, ac- ergy electrical generation. The cost of went on to correct herself and say: Of cording to the Energy Information Ad- that could well exceed that 3 cents per course, there is some cost to producing ministration of the Department of En- kilowatt hour. This could be a conserv- it. ergy, the only renewable that will pro- ative estimate, especially since it is Indeed, we subsidize the cost of wind vide any significant increase in power not indexed for inflation. power at 40 percent of what it costs, is wind power. Naturally, those compa- We are talking about a number today and it still cannot compete, which is nies that invested in wind power love that in 20 years is obviously going to why the proponents of wind power want it. They cannot sell it today, even with be substantially higher. I am trying to to have the U.S. Government force peo- a 40-percent subsidy, but if the Federal indicate a relative fact; namely, that ple to buy their product, because it Government makes people buy the the cost to consumers is going to esca- cannot compete on the open market. product, then they will be able to sell late dramatically. That is what this in- These renewables are, in fact, not free. it. That is why they like it. Their cus- formation demonstrates. The final point of the first argument tomers will pay for it; they won’t be Now to the next point. The Senator was that the Union of Concerned Sci- paying for it. from Louisiana said we have to diver- entists, a reputable group, indeed, says Let me turn to my State. I will pick sify to keep prices lower. I have indi- that even a 20-percent mandate would some other States at random. In my cated the Department of Energy knows
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2170 CONGRESSIONAL RECORD — SENATE March 20, 2002 the prices are not going to be lower. The PRESIDING OFFICER (Mr. NEL- SENATE COMMITTEE ON ENERGY These are all of the estimates from the SON of Florida). The Senator from Alas- AND NATURAL RESOURCES, Department of Energy itself. ka. Washington, DC, March 5, 2002. Hon. FRANK H. MURKOWSKI, But there is another point about di- Mr. MURKOWSKI. Mr. President, I U.S. Senate, versifying; that is, if you are going to ask how much time remains on our Washington, DC. diversify, you need a reliable source. side? DEAR SENATOR MURKOWSKI: We are writing Certainly if the wind does not blow, to express our deep concern over the eco- you did not generate power on a wind- The PRESIDING OFFICER. Seven- nomic impact of the renewable electricity mill. If the Sun does not shine, you teen minutes. portfolio mandates contained in the Sub- Mr. MURKOWSKI. I wonder if I can stitute Amendment (the Energy Policy Act don’t generate power from a solar of 2002) to S. 517. This renewable portfolio power. If the water does not flow take 7 minutes. standard would require that 10 percent of all through a dam, you do not have hydro- Mr. KYL. Yes, 7 minutes. electricity generated in 2020 must be gen- power. That is why the baseloads of the erated by renewable facilities built after Mr. MURKOWSKI. Mr. President, I utilities is coal, nuclear, and gas. 2001. The renewable portfolio standard would would like to follow up a little bit on Those are available, they are reliable, become effective next year, and the amount the Senator from Arizona, Senator and that is why for these renewables of renewable generation required would in- KYL. He has mentioned an awful lot crease every year between 2005 and 2020. you always have to have backup, a about cost. I think we need to address While we believe that renewable sources of storage battery, or a backup when it this in specifics. generation should have an important, and gets dark and the Sun does not shine or growing, role in supplying our electricity you have a drought and the water does Let’s assume a utility must purchase needs, the provisions contained in the Sub- not flow or the wind does not blow. the credits. Let’s assume we have a stitute Amendment was not reasonable and The third point is renewables would utility that generates no new renew- cannot be achieved without causing dra- ables. They make that decision. Let’s matic electricity price increases. This in create jobs. I know my colleagues turn would have the unintended consequence would agree exploring in ANWR would take the hypothetical utility. I am of reducing the competitiveness of American create more jobs than windmills. That going to be specific. I am going to take businesses in the global economy and, there- is evident. one that we can identify and we have by, reducing economic growth and employ- The fourth argument is renewables the information relative to the cost. ment. Today, according to the Energy Informa- are better dispersed and are clean. Nu- Let’s assume retail sales are a billion tion Administration, non-hydro renewables clear is clean, too. Hydro is clean. But kilowatt hours. What we would have to placed in service over past decades make up I don’t see a big rush for hydro or nu- do is to take 10 percent of the renew- only about 2.16 percent of the total amount clear power. able portfolio standard that is in effect of electricity generated in the United States. With respect to dispersal, it is inter- times 10 because we are looking for a However, even this modest existing renew- esting that the chart the Senator from 10-percent renewability. That means able capacity will not count under the Sub- roughly 100 million kilowatt hours of stitute Amendment toward satisfying the re- North Dakota exhibited yesterday newable portfolio requirement. Generally, showed the renewable fuels dispersed renewable—that is 10 percent of a bil- under that Amendment, renewable facilities all over the country, but each one is lion—times 3 cents per kilowatt hour. that can be used to meet the 10 percent min- conglomerated in a particular area. That is $3 million for renewable cred- imum must be placed in service in 2002 or For example, solar is obviously going its. That $3 million would be passed on thereafter. Therefore, compliance with the to be produced best in the Southwest. to the ratepayers. Substitute Amendment’s 2.5 percent renew- Hydro is best produced in the North- ables mandate for 2005 would require dou- Let’s take an actual utility. I hope bling the amount of non-hydro renewables west. Wind power, interestingly, is pro- the delegation from Wisconsin is here that we now have in just three years—even duced best in North Dakota, South Da- because the Wisconsin Electric retail though it took us more than 20 years to get kota, and Oklahoma, as I recall. The sales for the year 2000 were 3.173 billion to where we are today. geothermal was in certain other areas. kilowatt hours, times 10 percent renew- In addition, because the Substitute If you are not in one of those areas, and able portfolio standard; that is, 317 mil- Amendment requires that 10 percent of all since wind is the only economical electricity generation, not capacity, must lion kilowatt hours, times 3 cents per come from renewables, vast numbers of re- source of producing the power, you are kilowatt hour, which is $9.5 million for newable electricity-generating facilities will out of luck; you will have to import renewable credits. That is what they have to be built. Wind energy, perhaps the credits; you will have to buy credits are going to go out and buy if, indeed, most promising non-hydro renewable tech- from the place it is produced and your they do not develop renewables. Wheth- nology, operates effectively only between 20 customers get nothing for that. They er they make that decision or not, the percent to 40 percent of the time. Solar is do not get electricity; they just get point is it is going to cost their con- also intermittent. Therefore, the actual amount of newly installed capacity needed credits. The electricity company gets sumers. It is going to cost their con- credits so the owners do not go to jail to generate enough electricity to meet the sumers $9.5 million. What is that going Daschle Amendment’s requirements could or pay a big fine. to amount to, to the average con- well exceed 20,000 megawatts by 2005. To put The bottom line with respect to the sumer? What is the ratepayer going to this into context, according to the American arguments made, and they have been pay in Wisconsin? He is going to have Wind Energy Association, we currently have made by others as well, the renewables a 5-percent increase. I do not think it less than 5,000 megawatts of installed wind have some very limited potential, if is fair to suggest, by any means, that capacity in the United States. Simply imposing an unreasonably large, they are highly subsidized, which is somehow these renewables are going to federally mandated requirement to generate what we are doing, and we have ex- just come on. electricity from renewables will not guar- tended the subsidy for them, and we I ask unanimous consent we have antee that enough windmills and other re- are all for doing that, but you cannot newable facilities can be built on schedule; printed in the RECORD a letter from a that the wind (or sun or rain) will cooperate; count on renewables in any significant group that happens to support specifi- percent unless you are willing to pay a or that the generating costs will be as low as cally the Kyl amendment. They want would be the case from a more diverse, mar- very high price, and unless you are to support the modified language in the willing to discriminate against some ket-dictated portfolio of conventional, as Kyl amendment in order to mitigate well as renewable and alternative fuels. If re- regions of the country, that is to say, and eliminate the harmful economic tail suppliers do not comply with the man- unless you are willing to force the elec- consequences for the renewable fuels date, they would face a 3 cent per kilowatt tric consumers in one part of the coun- portfolio mandate. hour civil penalty. Some way suggest that try to pay a lot more than the electric this penalty would operate as a ‘‘cap’’ on the consumers in another part of the coun- I also ask unanimous consent a letter inevitable run up of electricity costs under try. That does not make sense to me as from the Florida Public Service Com- the Amendment. Even if this penalty were a national energy policy. mission be printed in the RECORD. effective at limiting skyrocketing elec- tricity costs—and experience with similar Unless there is someone on the other There being no objection, the mate- ‘‘penalties’’ indicates that it will not—the side wishing to speak, I yield 7 minutes rial was ordered to be printed in the penalty still would constitute an almost dou- to the Senator from Alaska. RECORD, as follows: bling of current wholesale electricity prices
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2171
for renewable power. Clearly, electricity PUBLIC SERVICE COMMISSION, be established. While a provision is estab- rates will substantially increase if the Sub- CAPITAL CIRCLE OFFICE CENTER, 2540 lished to allow states to adopt additional re- stitute Amendment becomes law. SHUMARD OAK BOULEVARD, newable programs, we continue to have con- Tallahassee, FL, March 18, 2002. cerns. Thus, we strongly support the Kyl The Federal Government’s past record in Re: Energy Legislation (Substitute Amend- amendment which provides some flexibility choosing fuel ‘‘winners and losers’’ is dismal. ment 2917 to S. 517) to the States. The Powerplant and Industrial Fuel Use Act Hon. BILL NELSON The FPSC believes that States are in the of 1978, which prohibited the use of natural U.S. Senator, Washington, DC. best position to determine the amount, the gas in electric powerplants and discouraged DEAR SENATOR NELSON: The purpose of this time lines, and the types of renewable energy its use in many industrial facilities, was es- letter is to let you know that the Florida that would most benefit their retail rate- sentially repealed less than a decade later Public Service Commission has major con- payers. This particularly true in the case of when its underlying premises were conceded cerns with the 400-page Substitute Amend- States without cost-effective renewable re- ment currently being addressed by the Sen- sources. A one-size-fits-all standard will to be wrong. While holding back the use of ate. It is extremely preemptive of State likely raise rates for most consumers. natural gas, the Federal Government spent Commission authority. If legislation moves (5) CONSUMER PROTECTION billions of dollars attempting to commer- forward, we ask that it provide a continuing The FPSC is concerned with language in cialize ‘‘synthetic fuels,’’ including oil shale role for States in ensuring reliability of all Section 256 that requires the State actions and tar sands, with little to show for its ef- aspects of electrical service-including gen- not be inconsistent with the provisions found forts. erations, transmission, and power delivery in the bill. While the FPSC favors a strong While we believe that the Federal Govern- services and should not authorize the FERC consumer protection measures, preempting to preempt State authority to ensure safe ment has an important role to play in en- States by Federally legislating retail con- and reliable service to retail customers. couraging the development of renewable and sumer protections is not necessary. States Also, we support the Kyl amendment on the other energy technologies, we are troubled are better positioned to combat retail renewable portfolio standard. abuses. States are partners with federal when that role turns to mandates and mar- In particular, our concerns are: agencies in these efforts to ensure consumer ket set-asides for one particular fuel or tech- (1) ELECTRIC RELIABILITY STANDARDS protection. nology. Mandates and set-asides usually The substitute amendment would limit the The critical role of State Commissions in don’t work, and create unintended con- States’ authority and discretion to set more the analogous area of implementing the Fed- sequences far more severe than the under- rigorous reliability standards than the Fed- eral Telecommunications Act provision lying problem being addressed. eral Energy Regulatory Commission (FERC) against slamming (the unauthorized switch of a customer’s primary telecommunications For these reasons, we respectfully request over transmission and distribution. In fact, the Substitute Amendment appears to pro- carrier) serves as a good example. The Fed- that you support efforts to modify the lan- vide no role for States at all on transmission eral Communications Commission saw the guage in section 265 of the Substitute reliability. Yet, the Florida Legislature has benefit of having State Commissions carry Amendment to S. 517, in order to eliminate carefully set out statutory authority for the out the anti-slamming program. State Com- or mitigate the harmful economic con- FPSC over transmission. missions are simply better situated and have sequences of the renewable fuels portfolio If legislation moves forward, Congress a more in-depth understanding of the abuses mandate. should expressly include in the bill a provi- in the consumer protection arena. As a re- Sincerely, sion to project the existing State authority sult, Florida’s slamming rules are actually Adhesive and Sealant Council, Inc., to ensure reliable transmission service. We more strict and provide better remedies to Alliance for Competitive Electricity, note that the Thomas amendment passed. the consumers than the FCC rules. We would American Chemistry Council, The amendment appears to strengthen state like to retain the ability to take similar American Iron and Steel Institute, authority. In that regard, the amendment is steps in the energy area if warranted. It is our understanding that there are now American Lighting Association, better than the overall bill under consider- 100–200 amendments. We are in the process of American Paper Machinery Association, ation. Our interpretation is that the amend- reviewing all of them. In the meantime, American Portland Cement Alliance, ment will not restrict state commission au- please call us with questions on them. We ap- American Textile Manufacturers Insti- thority to adopt more stringent standards, if necessary. preciate that your staff has been in frequent tute, contact with FPSC staff. (2) MARKET TRANSPARENCY RULES Association of American Railroads, In conclusion, we request that you take Carpet and Rug Institute, This section is silent on State authority to these points into consideration as energy Coalition for Affordable and Reliable En- protect against market abuses, although it legislation progresses. Please do not hesitate ergy, does require FERC to issue rules to provide to call if we may be of further assistance. Colorado Association of Commerce and information to the States. State regulators Sincerely, Industry, must be able to review the data necessary to LILA A. JABER, Edison Electric Institute, ensure that abuses are not occurring in the Chairman. market. Electricity Consumers Resource Council, Mr. MURKOWSKI. I might observe, (3) PUBLIC UTILITIES REGULATORY POLICY ACT Independent Petroleum Association of the State of Florida is in company here (PURPA) America, with a lot of other corporations. Never- The FPSC supports lifting PURPA’s man- Industrial Energy Consumers of America, theless, I think what we have is people International Association of Drilling datory purchase requirement, but States should be allowed to determine appropriate who are suggesting that, indeed, we Contractors, have not examined sufficiently the Interstate Natural Gas Association of measures to protect the public interest by addressing mitigation and cost recovery ramifications of just what this man- America, issues. Thus, we do not support preempting National Association of Manufacturers, date is. State jurisdiction by granting FERC author- National Lime Association, It has worked, in my opinion, with ity to order the recovery of costs in retail the States. Fourteen States have man- National Mining Association, rates or to otherwise limit State authority National Ocean Industries Association, dated renewables. It is working. Now to require mitigation of PURPA contract we are coming out and saying one size North American Association of Food costs. States that have already approved Equipment Manufacturers, these contracts are better able to address fits all. Nuclear Energy institute, this matter than the FERC. In my State, if I want to have bio- mass, I am left out in the cold because Ohio Manufacturers’ Association, (4) FEDERAL RENEWABLE PORTFOLIO STANDARDS Oklahoma State Chamber of Commerce I do not have anything but timber on This requires that beginning with 2003, & Industry, each retail electric supplier shall submit to public land. But it says in here that Pennsylvania Foundry Association, the Secretary of Energy renewable energy unless it is slashing, I can’t even use Pennsylvania Manufacturers’ Associa- credits in an amount equal to the required waste from mature logs that happen to tion, annual percentage to be determined by the be harvested. I can’t use the bark, State of Florida Public Service Commis- Secretary. For the year 2005, it will be less can’t use the sawdust, unless there is sion, than 2.5 percent of the total electric energy an amendment to this. Maybe we can Texas Association of Business and Cham- sold by the retail electric supplier to the get over that. bers of Commerce, electric consumer in the calendar year. For There is not an awful lot of thought U.S. Chamber of Commerce, each calendar year from 2006 through 2020, it that has gone into this. In my opinion, Utah Manufacturers Association, shall increase by approximately .5 percent. Westbranch Manufacturers Association. The Secretary will also determine the type it has been an effort to try to accom- of renewable energy resource used to produce modate various concerns. Yes, renew- the electricity. A credit trading system will ables are good. We ought to really have
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2172 CONGRESSIONAL RECORD — SENATE March 20, 2002 renewables. But we are forgetting how But I come to the Chamber tonight pay three times as much to get to the much it costs. We are also forgetting a as one who looks at my record with ref- 10 percent. very important feature associated with erence to research on renewables. I Now these renewables account for a renewables, and that is we continue to think I have a pretty good record. small fraction of the portfolio. A util- support fundamentally the funding Perhaps it would be fair to say that ity can fairly easily find some other that we have had, which has been in with all the support we have given to small source to cover those days when the area of almost $7 billion in the last these kinds of sources of energy, we you don’t have Sun or wind. But as 5 to 6 years in developing these renew- have not done as well as we should that renewable fraction climbs, the ables. But they do not come free. have. But during the 6 years I chaired utilities are placed in the position of When we do a mandate, I really ques- the Energy and Water Development having to build the renewable source to tion the wisdom of it. I know it is very Subcommittee on Appropriations, we meet this mandate, and then, on top of convenient to walk out of here and say provided well over $2 billion in support that, build a stable baseload capacity we have all voted for renewables. That for research just in that one bill alone. from some other stable source to use is comforting. It is good. But by the There has been real progress on re- when the Sun and the wind don’t co- same token, the public ought to know newables, especially in the cost of wind operate. there is no free ride here. power over time. I hope a lot more This leads to what everyone should As we look at biomass, a lot of people progress will be made as time pro- understand to be a double whammy on aren’t knowledgeable. They don’t real- gresses. But I have very great concerns the ratepayer. I could even argue that ly know what happens. What you do is with the imposition of this renewable it is a triple whammy on the ratepayer you burn wood products. You get emis- standard on the American public. because they not only have to pay for sions. Emissions are a problem, and we The current bill, as I understand it, the renewable capacity—that is only are concerned about it. I do not see any requires that 10 percent of all elec- useful about one-third of the time—and great emphasis here for nuclear, which tricity be derived from new renewable the baseload capacity to cover the is clean and generates a tremendous sources by the year 2020 or be subject other two-thirds of the time, but they amount of power. to a 3-cent-per-kilowatt-hour penalty. I also have to pay the cost differential We have inconsistencies relative to don’t believe this standard can be met for renewable power. Even with wind, whether we include hydro as a renew- without causing significant increases which is the most economical of the re- able. Certainly, in my opinion, it is. We in electric prices. If you were going to newables, the cost differential is at are going to get into a debate on this, increase electric prices to get more least 2 cents per kilowatt-hour, trans- I think, over an amendment by one of electricity, that would be one thing. lating in terms of costs today to the our Republican Members from Maine But I think we are going to increase all American public of at least $11 billion who wants to exclude, if you will, electric costs because of the mandate annually. Somebody will pay for it. By the year 2020, the annual cost will Maine. I am going to have a hard time of 10 percent of these renewable sources be what I have just described. It will be supporting an exemption for one State that are enumerated in this bill. parts of that $11 billion as we move up, and not another. Remember that this mandate applies I see my friend, the Senator from because you won’t just wait and go to only to the privately owned utility New Mexico. I am going to sit down 2020 and start producing, you will companies. It does not apply to public now and let Senator DOMENICI be recog- clearly have to start using the solar, or ones, as I understand it. So it will just nized, if it is the preference of the jun- wind, or whichever energy is allowed be a mandate on the privately owned ior Senator of New Mexico. under this amendment. The PRESIDING OFFICER. The Sen- companies in this country. Another way of estimating it is the ator from Alaska has consumed the 7 At least in my office, there has been penalty of 3 cents per kilowatt-hour minutes. a bit of an outcry over this proposal, that is imposed for the failure to meet Mr. MURKOWSKI. I yield the re- including a concern from the Public the standard and to figure that as a mainder of my time, and I will give it Service Company of New Mexico, the cost. I have tried to do that. In New to the Senator from New Mexico. principal utility company, and indica- Mexico, this would lead to a figure as The PRESIDING OFFICER. The Sen- tions that to meet this requirement high as $40 million a year in additional ator from New Mexico. The Senator they believe it is going to cost New electricity costs. States such as ours has 10 minutes remaining. Mexico users considerably more are already reeling from unfunded Mr. DOMENICI. Senator BINGAMAN, I money. I met with them again today. mandates such as the arsenic standard. would not keep us here this evening, They still believe that to meet this 10 They don’t need more help from the but I will be busy in the morning be- percent mandate, the utility company Federal Government to extract higher cause of a markup, so I will use some costs in New Mexico will have to go up, electricity rates to meet new stand- time tonight. and go up substantially. To put it sim- ards, unless there is no other way to First, before we are finished with our ply, utilities have to provide power, get America’s energy crisis—to control debate and votes, I will return to the whether the sun shines and the wind it and to preserve and protect our am- Chamber and give a rather detailed blows or not. bient air. analysis of the positive things in this The costs of Senator BINGAMAN’s I believe there are other ways. I be- bill for nuclear power for the future of amendment are partly driven by the lieve we can change this amendment so our country and the world. While I way the renewable portfolio is struc- it won’t be so onerous. I will be dis- mention that, I thank Senator BINGA- tured. We have discussed this with him cussing that prospect with the man- MAN again for his leadership on Price- and with his staff. ager of the bill, but not this evening. I Anderson. One of my strongest concerns in- will not offer any amendment with ref- We have overcome one major hurdle. volves the wording in the amendment erence to changing the structure, but I It is clear that you could not have been that focuses on energy generated by will talk about it. Perhaps it can be considering significant additions to the solar and wind renewable sources. considered before we leave the floor or utility electric generating powerplants To put it simply, utilities have to in conference as something that will be that would be powered by nuclear if we provide power, which I have just indi- looked at to make it more realistic in- had not done that. But there are many cated, whether the Sun shines or the stead of this capacity and energy di- things in this bill that will cause those wind blows or not. Solar and wind, by chotomy which I have just explained. who think nuclear power can, indeed, their very nature, are intermittent We can greatly simplify the planning be part of the American scene to say sources of power. On average, these of utilities and minimize the substan- that Congress is recognizing that and sources deliver about one-third of their tial burden of this new standard by is paving the way for innovation, new capacity as actual energy. Under this simply switching from an ‘‘energy-gen- approaches to nuclear power, which bill, they are required to produce 10 erated’’ basis to a ‘‘capacity’’ basis. may, indeed, help us enormously in percent of the electricity. But as I am That would make it easy to measure. It terms of ambient air quality and indicating now, it is not based upon ca- would produce a modicum of reason- achieving minimal emissions in the pacity but rather on energy produced ableness in this bill. It would be com- generation of electricity. and used. That means you will have to pletely predictable.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2173 When a company puts in a megawatt would have little impact on future ment to try to add some diversity to of wind capacity, the capacity is electricity prices.’’ the different sources of power upon known, even though the power derived That was their conclusion. They which we can rely. from the resource is not known. It is spent some time on this. They have ca- People might say: Why am I con- probably only around 300 kilowatts. pable people in the Energy Information cerned about the fact that we are get- Let me repeat that when a company Administration, and they were being ting more and more dependent on nat- puts in a megawatt of wind capacity, asked to study this by Senator MUR- ural gas? As I say, my State benefits that capacity is known, even though KOWSKI, who was hoping, I am sure, from that. The reason I am concerned the power derived from the resource is they would conclude something else so is, No. 1, we are not producing as much not known. And it is probably only 300 he could use their study as part of his natural gas as we are consuming, and kilowatts, one-third of the credit I argument on the Senate floor. we are not expected to in coming years. have just described. Let me go on with what is said in Accordingly, there is going to be a When I talk about the intermittent this article. It says: shortfall, and we are going to start ei- nature of renewables, I hope my col- The study, released Friday, concludes that ther finding more expensive natural leagues know this is no exaggeration. I the retail price impacts of a requirement gas somewhere or we are going to start have seen the actual data from a large that electricity generators provide at least importing more and more of our nat- 10 percent of their output from renewable re- wind farm in Minnesota. At times it sources by 2020 ‘‘are projected to be small be- ural gas in the form of LNG from the does a great job, but there are times cause the price impact of [the program] is Middle East and other places. So that when that same farm has to draw projected to be relatively small when com- as we are now dependent upon foreign power from the grid to power its in- pared with total electricity costs and to be sources of oil, then we will be depend- struments because they are inoperative mostly offset by lower gas prices.’’ ent not only on foreign sources of oil when the wind hasn’t blown for a cer- It is clear to me that we have some but also foreign sources of natural gas tain amount of time. Thus, they are a scare tactics going on here. We have all in order to generate electricity in this user of energy during some period of these allegations: All these utilities country. So that concerns me. time when the wind is down. are going to see this cost added, that The other reason is the price. The It is not as simple as people think. If cost added. price of natural gas today is low. Ev- this is going to be implemented using The reality is that many of the utili- erybody is happy because their electric the definitions in this bill, it will be ties that were cited here as having to bills are low. But I can remember 18 extremely difficult. Interpretations anticipate great cost increases will not months ago when the price of natural will have to be made. I believe before see any cost increase because they will gas was $8 and $10 rather than the $2.50 too long we ought to straighten that be sellers of renewable power, both to or so that it is today. out, make it far more intelligible, their customers and, perhaps, to other We have provisions in this com- more simple, and something that is utilities because they have been for- prehensive energy bill that encourage more rational. ward thinking and they have been de- more production of nuclear power. We I yield the floor. veloping renewable power as one of the have provisions that encourage the The PRESIDING OFFICER. The Sen- sources for energy. coal industry in this country by fund- ator from New Mexico, the chairman of The simple fact is, every utility in ing substantial additional research as the committee. this country—virtually every utility in to how we can use coal in an environ- Mr. BINGAMAN. Mr. President, how this country—is going to have to add mentally acceptable way. We have nat- much time remains in opposition to capacity. They are going to have to add ural gas provisions that encourage the Kyl amendment? additional generation capacity over more natural gas production. All of The PRESIDING OFFICER. Twenty- the next 18, 20 years, over the period that I support. All of that is important two minutes. that this amendment covers. Most of for our future. Mr. BINGAMAN. How much for the them are doing so now. But as well as that, we need to also proponents? In my home State, very near my have provisions that encourage more The PRESIDING OFFICER. The time hometown—I live in the southwest part use of renewables. That is what we has expired. of New Mexico; that is where I grew up, have. We have this provision in here Mr. BINGAMAN. Mr. President, I will Silver City, NM—the three nearest that tries to say to these utilities: not use the full 22 minutes, but I would communities to my hometown all have Fine, do all these other things, but, at like to summarize some key points in brandnew electricity generating plants the same time, start giving some seri- response to some of the debate we have going in. They are being constructed as ous attention to the need to develop re- heard today. we speak. There is one in Las Cruces, newable energy sources. A major criticism of the Bingaman NM. There is one in Deming, NM. This is not a heavy lift. We are say- amendment—which we have been talk- There is now going to be one in ing, in the year 2005, we think each ing about, as well as Senator KYL’s Lordsburg, NM. In each case, it is very utility in the country ought to produce amendment—has been that the pro- interesting—and two of those are by 1 percent—1 percent—of the power they ponents of Senator KYL’s amendment— one company; one is by another com- generate from renewable sources of one Senator KYL, and others—believe that pany—they are gas-fired generating kind or another. And then we say, in to require the generation of some por- plants. And that is typical. Ninety-five the year 2006, it ought to be maybe 1.6 tion of a utility’s power from renew- percent of the new generation which is percent. So it goes up in a very modest able sources is going to dramatically being constructed in this country for way. And we have all sorts of flexi- increase utility prices. meeting future demand is gas-fired bility so they can trade with others if All I will do is once again refer, as I generation. That is great. That is very they are having difficulty in meeting did yesterday, to the study which Sen- good for my State because we produce their requirement. ator MURKOWSKI, my colleague, the a lot of gas in New Mexico. We can sell The truth is, a great many utilities ranking member on the Energy Com- that gas, so we are very happy about it. will meet the requirements of this bill mittee, requested of the Energy Infor- If you look at this chart, you get a very soon. They will have no problem mation Administration. He asked them little concerned because when you go at all. The truth is, a lot of States have to study this exact issue. And he was from 2000 out to 2020, you can see that not gotten their act together to do very specific. He said: Please study this our dependence upon natural gas as a anything. They should have. This will and do not consider any tax benefit we source for energy electricity genera- prompt them to do something. are providing for any of these renew- tion grows and grows and grows. My State is one of those. We are list- able energy sources. Whereas today we are 69-percent de- ed as one of the top States in the coun- They came back with their conclu- pendent upon coal and natural gas to try for wind energy as a resource be- sion. They concluded—I am now generate electricity in this country, cause we have a lot of wind in New quoting from an article in the Energy and by 2020 we are going to be 80-per- Mexico, particularly this time of year, Daily dated March 12—‘‘that a 10 per- cent dependent upon those two fuels, in the spring. The reality is, though, cent renewable portfolio standard unless we adopt the Bingaman amend- we have no wind farms in New Mexico.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2174 CONGRESSIONAL RECORD — SENATE March 20, 2002 If this becomes law, we will have wind The senior assistant bill clerk pro- any mention of an opponent in a radio farms in New Mexico. Frankly, the ceeded to call the roll. or television ad by placing a photo on power produced from those wind farms, Mr. BINGAMAN. Mr. President, I ask the screen and stating he or she per- in my view, will likely be cheaper than unanimous consent that the order for sonally approved the broadcast or per- the power produced from some of these the quorum call be rescinded. sonally identify themselves in a radio gas generating plants if the price of gas The PRESIDING OFFICER. Without ad and reading a statement saying they goes up where I think it is likely to go objection, it is so ordered. have approved the ad. over the next 10 to 15 years. Mr. BINGAMAN. Mr. President, I First amendment rights are pro- All of these estimates about how yield back the remainder of my time tected under this proposal. Candidates much this is going to cost, and that it on the Kyl amendment. can say anything they please. They is going to cost these enormous The PRESIDING OFFICER. All time just have to personally stand by their amounts, all assume a very low price is yielded back. remarks to get the discount. They can for gas. If you think the price of gas is f say anything they want, however far- going to stay below $3 per MCF, then fetched and however extreme. As long MORNING BUSINESS you have no problem with using nat- as it is allowed under Federal law, they ural gas from now on. Mr. BINGAMAN. Mr. President, I ask can still say it. To get the discount, if I am concerned, though, when the unanimous consent that Senators be they are going to attack their oppo- price of natural gas goes to $5, goes to allowed to speak as in morning busi- nent—of course, that is almost invari- $6, goes to $8, where it was before. In ness. ably what happens when you mention those circumstances, people are going The PRESIDING OFFICER. Without an opponent in an ad—they have to to be very glad they have some alter- objection, it is so ordered. stand by that ad and personally be held native sources for energy so they can The Senator from Oregon. accountable. moderate the increase they will see in (The remarks of Mr. WYDEN per- If a candidate chooses not to stand their utility bills. That is what we are taining to the introduction of S. 2037 by a reference to an opponent, they trying to do. are printed in today’s RECORD under will buy their ad time at a rate com- There are great environmental bene- ‘‘Statements on Introduced Bills and parable to that charged a commercial fits from using renewable energy Joint Resolutions.’’) user at the station. sources. We all know that. Also, I f Take Nebraska, Oregon, or any part of the country. What happens now, in think it is just smart. We are having a CAMPAIGN FINANCE REFORM lot of debates about Enron and pen- effect, is the local car dealer or res- sions. We had a hearing this morning Mr. WYDEN. Mr. President, I know taurant or other private sector firm in the Health and Education Com- the hour is late, but I want to take just has to pay more for various ads be- mittee. Everybody said: Everyone a couple of additional minutes to talk cause there are subsidies that are given knows you ought to diversify your in- about the campaign finance legislation for political campaigns. We are saying vestments, you ought to diversify your that passed today. I very much appre- that to get those subsidies, to get those portfolio, that you should not put all ciate the indulgence of the Presiding discounts, you have to stand by your your eggs in one basket. That is com- Officer. I just have a few minutes I ad. A candidate who is going to say mon sense when you are making in- want to use to discuss the landmark something positive or negative about vestments. It is also common sense bill that passed today. an opponent has to own up to it, not when you are looking for a portfolio of First, as so many colleagues, I salute just edit together a bunch of shadowy energy sources. It is common sense to Senators MCCAIN and FEINGOLD. They pictures to cover up the fact he or she say: Let us diversify so we are not too are a model of what it takes to get a is the one making the statement. dependent upon any one source of tough proposal through the Congress. What this means is that if you want power. They simply would not take no, lit- to get the discount with respect to That is exactly what we are trying to erally. From the time I came to the your campaign, you are not going to be do with this amendment. I think my Senate, both of them double-teamed able to hide anymore behind those underlying amendment is a good one. me and made it clear they were going grainy pictures and bloodcurdling The Kyl amendment just takes the to stay at it until I had come around to music. You are not going to be able to guts out of it. The Kyl amendment is the value of supporting their legisla- paint your opponent as somebody who very simple. I cited this earlier in my tion. In fact, I went on record in sup- looks like they just came out of prison comments. This is classic. It says: port of the legislation as soon as I and has not had a chance to get Each electric utility shall offer to retail came to the Senate, and I wanted to cleaned up and has had every possible consumers electricity produced from renew- talk to them about some additional dastardly act impugned to them. You able sources, to the extent it is available. ways to strengthen the bill. are not going to be able to do that any I favor that. That is what they are One of those additional proposals has longer. You are going to have to own doing today. They are offering it to the become a part of the legislation that up to what you say and not just run extent it is available. The Kyl amend- passed the Senate today. I want to these grainy pictures and frighten kids ment is just a prescription for the sta- touch on it briefly. and families with bloodcurdling music tus quo. What we are saying is, let’s I offered this proposal with our friend in an effort to score points at your op- make it available, and let’s make it and colleague, Senator SUSAN COLLINS ponent’s expense. available in large quantities. There are of Maine. It is called the stand-by- As the Chair knows, we are all cam- a lot of Americans who would like to your-ad requirement. It is a significant paign veterans in this body and know a buy more power from renewable step forward in promoting account- little bit about how in a campaign the sources. Let’s make it available. That ability in the political process. It will sucker punches happen. They are not is what our renewable portfolio stand- provide a meaningful step to slow the made on the stump while the candidate ard tries to do. The Kyl amendment corrosion of the political process and stands there with the band and bunting would undo that. essentially the corrosion that springs all around. They are made on TV; they For that reason, I oppose it strongly from a lack of Federal responsibility are made on radio when the announc- and urge my colleagues to oppose it. when Federal candidates take to the er’s voice comes on in the most sinister The PRESIDING OFFICER. The Sen- airwaves to win elections but do not way and shadowy pictures appear say- ator has 10 minutes remaining. want to be held accountable. ing a vote for your opponent is pretty Mr. BINGAMAN. Mr. President, until The stand-by-your-ad proposal that much a vote to end Western civiliza- we can get a better read from the lead- was included in the legislation we tion. That is what happens in a cam- ership as to whether they have addi- voted on today is straightforward. It paign. You have again and again por- tional business to transact, I suggest says simply that to qualify for the spe- trayed your opponent not as somebody the absence of a quorum. cial advertising discount given to can- with whom you disagree on the issues The PRESIDING OFFICER. The didates now for Federal office, those but someone who is going to be a clerk will call the roll. candidates have to personally stand by threat to the American way of life, and
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2175 the accusing candidate’s face and voice positive and to focus on areas where in model for economic development. The are nowhere to be found, and it is easy the public policy arena people can be Tunisian economy has been opened up for folks to forget—conveniently to for- helped, people can be empowered, and to the outside world, and in 1995, Tuni- get—who is doing the attacking. they can make choices that make a dif- sia became the first country south of I bring a special awareness to this ference for their lives. the Mediterranean to sign a free-trade issue because in the Senate special Certainly the debate on campaign fi- agreement with the European Union. election with Senator SMITH, with nance reform has been contentious, but Tunisian President Ben Ali has been whom I work on a great many issues I think we can all agree that reason- instrumental in implementing a stable and publish a bipartisan agenda at the able ideas can help clean up this proc- and effective constitutional govern- start of each Congress, meeting me ess, reasonable ideas can help drain the ment, protecting democracy and in- more than halfway as a colleague and swamp that has become the way polit- creasing political participation by all friend in the Senate, he and I were in a ical campaigns are financed and run in citizens. The Republic of Tunisia also campaign that was completely and to- much of this country. has a commendable record on human tally out of hand, and many Orego- I believe the stand-by-your-ad pro- rights, protecting all citizens. In addi- nians simply did not want to vote. posal, which holds candidates account- tion, Tunisia has actively contributed They got to the point where they said: able, and which I was honored to have to the search for a lasting peace in the The stench in this debate on both sides a chance to work with Senator COLLINS Middle East, offering unwavering sup- is so great, we are turned off the polit- of Maine, is going to help clean up port to the Middle East peace process. ical process altogether. campaigns. It is going to help make While Tunisia has become a great I made the judgment in that race candidates more accountable and make contributor to the world both economi- that I was going to take all the ads off the politics and political discourse in cally and culturally, as Americans, we the air about Senator SMITH. I said: this country more positive and more must also remember the tremendous This is not what I went into public open. role Tunisia played during World War service for—to attack somebody else. I yield the floor. II as part of the Allied Force and the The reason I got involved with the f support Tunisia offered the United Gray Panthers—and I was codirector of States during the Cold War. For this, the senior citizens group for 7 years be- LEAVE OF ABSENCE we will always be grateful. fore I was elected to the House—is be- Mr. STEVENS. Mr. President, I ask The United States was the first coun- cause I was interested in ideas, the best unanimous consent that I be excused try to recognize Tunisia’s independence ideas. I did not care if they were Demo- from presence in the Senate starting at in 1956, and it is only fitting that we cratic or Republican ideas. Oregon on a 5:30 tomorrow evening until the Senate take the time to reflect on Tunisia’s bipartisan basis came up with break- reconvenes after the Easter recess. contributions to the world. I congratu- throughs in home health care and a va- The PRESIDING OFFICER. Without late the Republic of Tunisia and its riety of other ways to serve senior citi- objection, it is so ordered. citizens, and I urge my colleagues to do zens. f the same. I looked at what was happening in 46TH ANNIVERSARY OF TUNISIA f the Senate special election and said: INDEPENDENCE This is completely contrary to every- MUNICIPAL SOLID WASTE INTER- thing I have stood for since my days Mr. INOUYE. Mr. President, I wish to STATE TRANSPORTATION AND with the Gray Panthers and contrary recognize the country of Tunisia, LOCAL AUTHORITY ACT OF 2002 to all the reasons for which I went into which is celebrating the 46th anniver- Mr. FEINGOLD. Mr. President, yes- public service. I went into public serv- sary of its independence from France. terday I joined as an original cosponsor ice to offer ideas and creative sugges- I appreciate Tunisia’s economic of legislation introduced by my Mid- tions for making my State and my achievements. Tunisia’s Gross Domes- western colleague, the Senator from country a better place, and all of a sud- tic Product has increased an average of Ohio, Mr. VOINOVICH. This legislation is den in that Senate special election, I 5.5 percent in the past 4 years, and in- similar to legislation introduced by the was not recognizing what was being flation is slowing. The government has Senator from Ohio and the Senator said in my name because all of it was worked to increase privatization, and from Indiana, Mr. BAYH, in the pre- just the opposite of positive. It was its prudent approach toward debt is vious Congress. I am pleased to be just attack, attack, attack. commendable. The United States in working with the Senator from Ohio on My colleague, Senator SMITH, to his 2000 exported approximately $350 mil- this very important issue. I know that credit, shares my view that our cam- lion in goods to Tunisia, and I believe he, as a former Governor, is intimately paigns got completely out of hand. our diplomatic ties will strengthen as aware of the concerns that the growing For about 3 weeks, the people of Or- our trading activities increase. Sta- trash trade poses for the States that we egon had balance in their hand. I made bility in the Middle East is of para- represent. no reference to Senator SMITH at all. I mount importance to both our coun- We in the Midwest, especially those took all of the ads off the air that men- tries, and I thank Tunisia for its past of us fortunate enough to be from the tioned his name and talked only about efforts to work toward peace. Great Lakes States, enjoy a very high the kinds of initiatives I wanted to Tunisia’s policies toward women’s quality of life, beautiful scenery, pursue, issues we talked about in the rights and non-Muslims’ religious free- small, neighborly towns, and spectac- Senate today such as the bipartisan doms are exemplary in the Arab world, ular natural resources. We hold it as a proposal Senator SNOWE and I have on and I hope the nation’s leaders will particular point of pride that we, in prescription drugs. continue to work toward promoting many instances, have the luxury of I admit I come to this question of at- greater political freedom and respect avoiding many environmental prob- tack ads colored by a truly searing ex- for human rights throughout the re- lems, and we have structured our State perience I had in 1996 and it is why gion. and local governments in Wisconsin to Senator COLLINS and I felt so strongly More than 200 years ago, the United try to be sure that we continue to about trying to make this change. States and Tunisia signed a Treaty of avoid them. We in Wisconsin, however, I think owning up to statements Peace and Friendship, and I look for- are unable to protect our communities, about what a candidate says about ward to many more years of coopera- which have done a good regulatory job, their opponent is going to make a dif- tion between our nations. from having to deal with the solid ference. I think it is going to cause a Mr. ALLEN. Mr. President, I rise waste mess created by our neighboring candidate to think twice before they go today to commemorate the forty-sixth communities in other States. Instead, forward with these negative blitzes on anniversary of Tunisian Independence my State has been forced to accept their opponents. I am going to be from France. other States’ municipal solid waste in frank. That is what I wanted to see The Republic of Tunisia is a great ever increasing amounts. American politics be all about after ally of the United States. Since her We need to enact legislation to give 1996. That is why I have tried to keep it independence, Tunisia has become a back to States the power to be able to
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2176 CONGRESSIONAL RECORD — SENATE March 20, 2002 control the flow of waste into State-li- not taken up legislation to address this command of Lt. Colonel Moore, were censed landfills from out-of-State issue since that time. The issue of dropped into a small clearing in the Ia sources. This legislation would give interstate waste control affects my Drang Valley. They were immediately states the tools to do just that. It gives home State and more than 20 other surrounded by more than 2,000 North- States the power to freeze solid waste States. For years, States have been ern Vietnamese soldiers, and con- imports at the 1993 levels, and to faced with the challenge of ensuring fronted with the type of conflict that charge a $3 per ton fee on out-of-State safe, responsible management of out- would mark the war in Vietnam for trash. States that did not accept out- of-State waste, and the need for State years to come. Three-hundred-five of of-State waste in 1993 would be pre- control is even more acute today than those 450 men never made it home; sumed to prohibit receipt of out-of- in was in 1995. Congress is the only their names are inscribed on the third State waste until the affected unit of body that can give the States the relief panel to the right of the apex, Panel 3– local government approves it. Facili- that they need from being over- East, of the Vietnam Veterans Memo- ties that already have a host commu- whelmed by a tidal wave of trash. rial in Washington, DC, and in the nity agreement or permit that accepts We need to take prompt action on thoughts of all Americans, men and out-of-State waste would remain ex- this matter, and this legislation is a women for whom they sacrificed their empt from the ban. States would also good first step. I urge my colleagues to lives. As President John F. Kennedy be allowed to set a statewide percent- consider lending this bill their support. said, ‘‘A man does what he must—in age limit on the amount of waste that f spite of personal consequences, in spite new or expanding facilities could ac- of obstacles and dangers and pres- WE WERE SOLDIERS ONCE cept. The limit cannot be lower than 20 sures—and that is the basis of all percent. Finally, States, under this Mr. CLELAND. Mr. President, as ter- human morality.’’ The men of Ia Drang bill, are also given the ability to deny rorists attacked our shores and certainly paid the ultimate price in the creation of either new facilities or bombarded our sense of security on protecting our freedom, and this movie the expansion of existing in-State fa- September 11, 2001, Americans, and in- ensures that their story will not fade cilities, if it is determined that there is deed freedom-loving people every- with time. But ‘‘We Were Soldiers’’ no in-State need for the new capacity. where, wondered aloud how the United does more than simply tell a story My home State has tried to address States would respond. They didn’t have from the history books. It reminds us this issue repeatedly on its own, with- to wait long for an answer. Americans all that it is our mothers and fathers, out success. On January 25, 1999, a Fed- rose to the occasion by donating blood, sisters and brothers, friends and neigh- eral appeals court struck down a 1997 by volunteering for relief efforts, and bors who serve in America’s armed Wisconsin law that prohibits landfills by enlisting in America’s armed forces. forces. The men and women who pro- from accepting out-of-State waste from But such is the American way. When tect our values every day are deserving communities that don’t recycle in duty calls, Americans are ready to an- of their places in our thoughts and compliance with Wisconsin’s law. Wis- swer. prayers, and we are forever grateful. consin’s law bans 15 different With the military action in Afghani- f recyclables from State landfills. Under stan and the many theaters of the war the law, communities using Wisconsin on terror serving as a backdrop, the LOCAL LAW ENFORCEMENT ACT landfills must have a recycling pro- movie, ‘‘We Were Soldiers,’’ chronicles OF 2001 gram similar to those required of Wis- one of the first major battles of the Mr. SMITH of Oregon. Mr. President, consin communities under Wisconsin Vietnam War, and conveys the leader- I rise today to speak about hate crimes law, regardless of the law in their home ship and heroism of the units that legislation I introduced with Senator State. About 27 Illinois towns rely on served in the Battle of the Ia Drang KENNEDY in March of last year. The southern Wisconsin landfills. Since the Valley. Lt. Colonel Harold Moore led a Local Law Enforcement Act of 2001 law took effect, waste haulers serving battalion of First Cavalry soldiers into would add new categories to current those communities have had to find al- battle, displaying a sense of leadership hate crimes legislation sending a sig- ternative landfills for their clients, in- that fostered comradery but at the nal that violence of any kind is unac- curring higher transportation costs in same time illustrated the great stakes ceptable in our society. the process. Ilinois-based Waste Man- for which they were fighting. During I would like to describe a terrible agement Inc. and the 1,300-member Na- my own service in Vietnam as a mem- crime that occurred June 26, 1992 in St. tional Solid Waste Management Asso- ber of the Army’s First Cavalry, I felt George, NY. Two men yelling anti-gay ciation were the entities that chal- the same bond with the men around slurs held a gay man and beat him. One lenged Wisconsin’s law. me, and I am pleased that this film was of the assailants, Seth Melendez, 21, of By recycling, Wisconsin residents able to capture that bond so well. New Brighton, was charged in connec- have reduced the amount of municipal The Vietnam War, unlike any other tion with the incident. waste heading to landfills. Since the conflict beyond America’s borders, was I believe that government’s first duty State’s previous out-of-State waste law a war that polarized public opinion. It is to defend its citizens, to defend them was struck down by the appeals court was a struggle that took place far from against the harms that come out of in 1995, the amount of non-Wisconsin home that, to many people, had little hate. The Local Law Enforcement En- waste in Wisconsin landfills has tri- impact on day-to-day life in the United hancement Act of 2001 is now a symbol pled. When the law was in effect, 7.7 States. But this movie succeeds in put- that can become substance. I believe percent of the municipal waste in Wis- ting human faces on the countless lives that by passing this legislation and consin came from out of State. That lost, as well as on the veterans who re- changing current law, we can change has risen to more than 22.9 percent turned home to a changed country. Al- hearts and minds as well. since the law was struck down. Though though that is the context in which Ia f this legislation will not afford Wis- Drang occurred, the movie does a re- consin the ability to block garbage markable job not focusing on politics. GREEK INDEPENDENCE DAY containing recyclables from our land- Rather it is about the love and deep Mr. SARBANES. Mr. President, I rise fills, it will at least give my State the bond between men in battle, fighting today in observance of the 181st anni- ability to address the overall volume of for their lives. Lt. Colonel Moore versary of Greece’s independence and waste entering our State. summed up his dedication to his men to pay tribute to the heroic Greek pa- In 1995, I supported flow control leg- perfectly when he told them that al- triots who, against tremendous odds, islation sponsored by the Senator from though they may not all make it back ended nearly 4 centuries of oppressive New Hampshire, Mr. SMITH, and drawn alive, he could guarantee they’d all foreign domination of their homeland. substantially from the work of the make it back home. This arduous struggle continued for former Senator from Indiana, Mr. The story of the Battle of Ia Drang is eight years, until 1829, when independ- Coats. I have been very concerned that one of grit and determination. But it is ence was secured and the first steps the Senate, which passed that bill by a also one of staggering loss. In Novem- were taken toward the establishment significant majority vote of 94–6, has ber of 1965, some 450 men, under the of the modern Greek state. Just as the
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2177 founders of the new American nation tury, the Girl Scouts have gone from a ADDITIONAL STATEMENTS looked to ancient Greece for inspira- group of 18 girls in Savannah, GA, to a tion and instruction, barely a genera- worldwide organization with a current tion later, Greek patriots took inspira- membership of over 3 million. In Illi- IN RECOGNITION OF THE OPENING tion from the American Revolution, nois alone, there are 19 chapters across OF THE CONSULATE OF UKRAINE seeing in its success a promise of their the state working to keep alive Juli- IN MICHIGAN own future. The reigning monarchies of ette Gordon Low’s mission of inspiring ∑ Mr. LEVIN. Mr. President, I rise Europe were universally skeptical of girls to reach their highest potential. today to pay tribute to an important event that will be occurring in my the uprising in Greece, but in the Today, the Girl Scouts are helping newly independent United States, it home State of Michigan this weekend. girls develop the skills and interests won overwhelming sympathy. On Saturday, hundreds of individuals they need to be happy and productive For nearly 200 years, the American will gather to celebrate the opening of citizens in the 21st Century. Through and Greek peoples have shared a pro- the Consulate of Ukraine in Michigan. their many programs for girls aged 5 to found commitment to democratic prin- This consulate will be located at the 17, the Girl Scouts encourage commu- ciples, and both have worked to create Ukrainian Cultural Center in Warren, nity service, a clean environment, a societies built on these values. In the MI. two World Wars that devastated the healthy and active lifestyle, and an in- For a millennium, the Ukrainian peo- last century, Greece fought heroically terest in world affairs. ple have successfully fought to main- in the allied struggles for freedom and I would also like to recognize the tain and preserve their unique culture, democracy. Similarly, during the cold work of over 900,000 volunteers who language, religion and identity. Such war, Greece was a bulwark against to- generously give their time and efforts resiliency and perseverance stands as talitarian aggression and emerged as a to make the Girl Scouts a celebrated an inspiration for free people every- democratic nation with a vigorous success. where, and bears witness to the depth, economy, a strong partner of the I urge all of my colleagues to join me character and vibrancy of Ukrainian United States, and a full member of in congratulating the Girl Scouts and culture. During the course of the past one both NATO and the European Union. the millions of girls who have put so hundred years, Michigan has become This progress is manifested by the fact much hard work into their scouting. that Greece will host the 2004 Olympic home to a vibrant Ukrainian commu- Games. Likewise, Greece’s presence in Mrs. LINCOLN. Mr. President, today nity that currently numbers over the Balkan and Eastern Mediterranean, I would like to pay tribute to an orga- 200,000 people, the vast majority of as the only member of the European nization that, over the last 90 years, whom reside in the Detroit metro area. Union in those regions, enables it to has helped millions of girls build the Many of the Ukrainians who moved to play a stabilizing role and serve as a character and skills needed for success Michigan came here in search of free- model for other nations in that area as as adults. dom and the opportunities provided by they seek to establish stable demo- The Girl Scouts of the U.S.A. is cele- our nation. The Ukrainian people who cratic institutions and modern eco- brating its 90th anniversary this came to the United States left behind nomic systems. month. From its modest founding by the horrors of Czarist Russia, the fam- The U.S.-Greece partnership has also Juliette Gordon Low, who brought 18 ines of 1932 and 1933, Nazi encroach- been strengthened many times over by girls from Savannah, Georgia, together ment and Communist rule, but they did the distinctive contributions which in March 1912 to focus on physical, not leave behind their love for the na- Greek Americans have made to every mental and spiritual development, Girl tion and the culture they left behind. aspect of life in our nation—in the arts, Scouts has grown to a membership of These immigrants played a vital role in business, in science, and in scholar- 3.8 million. That makes it the largest in the development of Detroit and our ship. As Greek Americans have made organization for girls in the world. nation. Ukrainian-Americans worked this remarkable progress, they have in the plants and mills that made De- also preserved important traditional Through Girl Scouting, girls acquire troit the Arsenal of Democracy. While values of hard work, education, and self-confidence, learn responsibility, some Ukrainians served the cause of commitment to family and church— and develop the ability to think cre- freedom at home, others have fought principles that strengthen and invig- atively and to act with integrity. It of- bravely in our nation’s military to pre- orate our communities. fers girls opportunities to learn about serve our freedom. Ukrainian-Ameri- Greek Independence Day therefore science and technology, money man- cans have contributed greatly to the provides us with an appropriate mo- agement and finance, sports, health prosperity of this nation, while main- ment to reflect on the many ways in and fitness, the arts, global awareness, taining ties to their culture and herit- which the past and the future are knit- community service, and much, much age. The Consulate of Ukraine in ted together. As we recall the long ago more. Michigan will enhance and expand the events of March 25, 1821, we are mindful On top of that, Girl Scouts of the ties which unite the United States and of the courage and sacrifice of those U.S.A. has established a research insti- Ukraine. It will serve the people of who worked and struggled to build the tute, which addresses violence preven- Michigan, and will lead to increased so- democratic institutions that are the tion and seeks to bridge the digital di- cial, cultural and economic interaction guarantors of freedoms for not only the vide by offering activities to encourage between the two nations. Greek, but for peoples throughout the girls to pursue careers in math, Many people worked hard to make world. We both rejoice in and revere science, and technology. this Consulate a reality. In particular, these institutions, and we take this oc- I would like to thank Borys Potapenko casion to commit ourselves once again Girl Scouts of the U.S.A. has a long and Bohdan Fedorak for their efforts to to preserving and strengthening them and distinguished history of helping make the opening of this Consulate for generations yet to come. girls develop into healthy, resourceful possible. I am sure that my Senate col- women with a strong sense of citizen- f leagues will join me in celebrating the ship. More than 50 million women are opening of the Ukrainian Consulate in COMMENDING THE GIRL SCOUTS Girl Scout alumnae. Over two-thirds of Michigan.∑ ON THEIR 90TH ANNIVERSARY our female doctors, lawyers, educators, f Mr. FITZGERALD. Mr. President, I and community leaders were once Girl would like to take a moment to com- Scouts. With a track record like that, TRAGIC ANNIVERSARY FOR mend the Girl Scouts on their 90th an- there is no doubt that Girl Scouts of CAMBODIA niversary, which was celebrated last the U.S.A. will be serving American ∑ Mr. MCCONNELL. Mr. President, week with the passage of a resolution girls for many years to come. I look March 30 marks the fifth anniversary designating the week of March 10 forward to standing here again in 2012 of the horrific terrorist attack against through March 16, 2002, as ‘‘National to salute the Girl Scouts on their cen- the Khmer Nation Party (KNP) in Girl Scout Week.’’ In less than a cen- tennial. Phnom Penh, Cambodia.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2178 CONGRESSIONAL RECORD — SENATE March 20, 2002 Nineteen people were killed, and 141 helping hand to the many family mem- siasm, motivation to learn, ability to injured, when four grenades were bers who lost loved ones. set and achieve goals, citizenship, atti- thrown during a legal and peaceful To affirm that our Nation stands tude, cooperative spirit, dependability, rally organized by opposition leader united, the Knights distributed 1,000 and recommendation from a teacher or Sam Rainsy to protest the lack of jus- posters of the American flag to the director. tice and the rule of law in Cambodia. citizens of Blackwood to display in a Elise should be extremely honored Among the injured was American de- show of support for our Nation and our and proud to receive such an honorable mocracy-worker Ron Abney. servicemen and women. The St. Jude’s distinction from such a highly re- Sam Rainsy’s message was right on Council has also hung ten large Amer- spected source. This award speaks not the mark. There was no justice in Cam- ican flags throughout the town, a mov- only to her ability to learn and apply bodia then, and there is none today. ing tribute for all who drive through her acquired knowledge but also to her On this tragic anniversary, the the town to see. At another community ability to lead by positive example United States and other freedom-loving event planned to honor the victims of both in and outside of the classroom. countries should condemn the corrupt the World Trade Center, Karl Wirtz, a As Winston Churchill so plainly stated, and ineffective Royal Government of member of St. Jude’s Council, lovingly ‘‘The most important thing about edu- Cambodia (RGC) for failing to protect created a replica of the New York City cation is appetite.’’ Elise has proven its citizens and to investigate and Firefighters raising the American flag without a doubt to her peers, teachers, bring to justice the perpetrators of this at Ground Zero. and now the nation that she in fact terrorist crime. But these acts of kindness and soli- possesses this ‘‘appetite’’ to learn and Unlike hard line Prime Minister Hun darity are nothing new to St. Jude’s constantly improve upon her self- Sen and certain diplomats in Phnom Council, as volunteer service and chari- being. I applaud Elise’s efforts and urge Penh, this Senator has not forgotten table contributions are the hallmarks her to continue to reach for the stars. those murdered and injured by terror- of the Knights of Columbus. It was on I will be very interested to see how far ists on March 30, 1997. This Senator these bedrock principles that the Order her reach will extend.∑ vividly recalls the desecration by Cam- was founded over a century ago and St. f bodian authorities of the Buddhist Jude’s Council remains true to these stupa erected by the opposition party principles today. Always active in their TRIBUTE TO CHRISTOS NICKOLAS in the memory of those senselessly community, the Knights have held a KALIVAS killed. And this Senator is left won- fund-raiser for a seriously ill boy, offer ∑ Mr. SMITH of New Hampshire. Mr. dering why the RGC expended more a CPR course for local citizens, and as- President, I rise today to pay tribute time and effort destroying the stupa sist the police department in getting to Christos Nickolas Kalivas, the first than investigating the crime itself. out an anti drug/alcohol message Greek American from Manchester, NH I ask that the U.S. Senate honor the through the DARE Program. The to be killed in action during World War memory of those slain in the terrorist Knights also provide religious edu- I. He is being honored at the re-dedica- attack by having the names of the vic- cation and activities for the young peo- tion ceremony of Kalivas Park in Man- tims publicly known appear in the ple in the community. chester on March 23, 2002. The city has RECORD following my remarks. The vic- What is all the more remarkable is completed extensive renovations and tims and their families remain in my that in these hectic times, all of these upgrading of the park in anticipation thoughts and prayers are: charitable acts have been performed in of the event. Mr. Cheth Duong Daravuth; Mr. Han addition to the responsibilities of fam- Christos was born on September 24, Mony; Mr. Sam Sarin; Ms. Yong Sok ily and career. 1885 in the village of Vithos in Kozanis, Neuv; Ms. Yong Srey; Ms. Yos Siem; It is my pleasure to commend the Macedonia, Greece. In 1908, he left his Ms. Chanty Pheakdey; Mr. Ros Sear; Knights of Columbus St. Jude’s Chap- wife, Vasilike, and daughter, Gilkeria, Ms. Sok Kheng; Mr. Yoeun Yorn; Mr. ter for all of the good deeds they have to immigrate to the United States in Chea Nang; and Mr. Nam Thy.∑ done and continue to do for the State search of a better life. He hoped to of New Jersey. Congratulations to St. f eventually raise enough money to Jude’s Council Number 12092 may you ST. JUDE’S COUNCIL OF THE bring his family to the U.S. as well. continue to be, In Service to One. In KNIGHTS OF COLUMBUS IN Unfortunately, the difficult economic Service to All.∑ BLACKWOOD, NJ conditions of World War I made this f ∑ Mr. CORZINE. Mr. President, I would goal impossible and he was forced to like to bring to your attention the TRIBUTE TO ELISE TOLLIVER OF live with relatives in Manchester and good and charitable works of the NICHOLASVILLE work as a laborer for ten years. Knights of Columbus St. Jude’s Council ∑ Mr. BUNNING. Mr. President, I rise In May of 1918, he entered the United Number 12092 in Blackwood, NJ. today to honor Elise Tolliver of States Army. Just two months later, Founded in February of 1882 by Fa- Nicholasville, Kentucky for her most on July 6, he went overseas as a mem- ther Michael J. McGivney, the Knights recent accomplishment in the field of ber of Company C, 16th infantry, 1st di- of Columbus, the strong right arm of education. Elise, who attends East Jes- vision. He was killed in action during the Church, has grown to become the samine Middle School, was recently the October 1918 Meuse-Argonne offen- largest society of Catholic men in the named a United States National Award sive in France, one month before the world. More than 1.6 million men in winner in English by the United States war ended. Tragically, he had never re- 12,000 chapters from the United States, Achievement Academy (USAA). united with his family. Canada, Mexico, the Philippines, Cuba, The USAA, which was founded to rec- Christos represented the citizens of Panama, the Dominican Republic, ognize the outstanding students in New Hampshire and the United States Guam, Spain, and the Virgin Islands America’s colleges and secondary with courage and bravery. I commend belong to this lay organization in the schools, received nearly 19,000 nomina- the contribution he made in our Nation Catholic Church. tions from junior and senior high in a time of despair. It is truly an Knights of Columbus are Catholic schools across America in 2000–2001. honor and a privilege to represent him men committed to patriotism, charity, The USAA selects its winners based in the U.S. Senate.∑ and unity. And St. Jude’s Council upon the recommendation of teachers, f Number 12092 in Blackwood, NJ is no coaches, counselors, and other quali- exception to this rule. Following the fied sponsors and upon the Standards NATIONAL AGRICULTURE WEEK devastating events of September 11, St. of Selection established by the Acad- ∑ Mr. GRASSLEY. Mr. President, Sec- Jude’s Council immediately mobilized emy. The criteria includes a student’s retary of Agriculture Veneman has their members to assist the victims academic performance (the average proclaimed this to be ‘‘National Agri- families. Whether it was holding a GPA of all USAA members is 3.8), in- culture Week.’’ In this spirit, I rise blood drive or a fund-raising concert, terest and aptitude, leadership quali- today to recognize the countless and St. Jude’s Council was there offering a ties, level of responsibility, enthu- immeasurable contributions of hard-
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2179 working farm families across the coun- fewer hands may be needed on the IN RECOGNITION OF MELVIN R. try who throughout our nation’s his- farmplace, new opportunities exist in SCOTT, JR. tory have worked relentlessly to en- food production and value-added agri- ∑ Mr. TORRICELLI. Mr. President, I sure the food security of our nation culture to keep future generations of rise today to recognize Melvin R. and to eliminate hunger around the Iowans productive contributors in the Scott, Jr., who will be receiving the world. food chain. Nelson Mandela Education Award from Some of my colleagues may believe I In conclusion, farming has come a the Coalition of Black Trade Unionists. sound like a broken record when it long way over the last 100 years. The Throughout his distinguished career, comes to my advocacy for the nation’s horse-drawn plow has turned into a Mr. Scott has served his fellow Ameri- mid-section and its hard-working food tractor-drawn, fully-computerized farm cans in two vital capacities, serving in producers. But I like to remind them implement. In the next 100 years, farm- the U.S. Army and as an educator. about an old saying: ‘‘We’re only nine ers will again serve as pioneers in After serving as a Training Officer at meals away from a revolution.’’ In newly-tilled fields of emerging tech- Fort Campbell and undertaking ad- other words, empty stomachs can nologies. vance training at the Infantry School prompt a traditionally law-abiding The world’s food producers will not at Fort Benning, he went overseas and populace to mob hysteria and mayhem. only feed the world but expand their served in the Korean War. During his A stable food supply brings social sta- traditional contribution to humanity service in Korea, Mr. Scott was hon- bility. as advances in agricultural sciences ored with the Bronze Star, a Medal of For seven decades the Federal Gov- allow raw food to carry health, disease- Commendation, and an Expert Infantry ernment has recognized the importance resistant benefits for consumers. Badge with clusters. of maintaining a farm safety net to en- Whatever the future may hold, I will After Mr. Scott’s tour of duty in sure America’s homegrown food secu- keep my nose to the grindstone in Korea, he returned to the United rity. The tragic event of September 11 Washington to help Iowa’s century States and began his career in edu- underscored the significant responsibil- farms and farm families enjoy another cation. He began as a substitute teach- ities the Federal Government must un- 100 years of prosperity.∑ er in Pittsburgh and through hard dertake to protect our national secu- work became a member of the Vineland rity interests at home and abroad. Board of Education in New Jersey on Safeguarding the American public f which he still currently serves. As a and shielding the U.S. economy, trans- member of the board, Mr. Scott has portation infrastructure, health care IN RECOGNITION OF BEATRICE overseen all federally funded programs delivery systems, energy supplies, nat- CORBIN since 1965. He has also been named ural resources and production agri- ∑ Mr. TORRICELLI. Mr. President, I Teacher of the Year and served in in- culture from the threats of 21st cen- rise today to recognize the distin- terim capacities as Principal of the tury terrorism have become Washing- guished career of one of my constitu- Bridgeton Summer Program and Vice- ton’s top priority. This effort must in- ents, Mrs. Beatrice Corbin of Vineland, Principal at Bridgeton Elementary clude a farm safety net that works to New Jersey. She truly exemplifies a School. ensure our farmers and ranchers are life, selflessly dedicated to service, and In addition to his military service able to continue feeding America by she is held in the highest regard by the and time as an educator, Mr. Scott has making a decent living off the land. members of her community. As evi- also been an active member of his com- Otherwise, American consumers could dence of Mrs. Corbin’s widespread ad- munity. He was President of the Health well find themselves at the mercy of miration and appreciation, she has Service Committee for the City of foreign suppliers at the grocery store been honored with the Alzada Clark Vineland for eleven years, is a member much like we are today at the gas sta- Community Activism Award by the Co- of the South Jersey Umpires Associa- tion. alition of Black Trade Unionists in tion, on the Red Cross Advisory Com- We must not forget our nation’s long New Jersey. This award is a magnifi- agrarian heritage. In 1790, ninety per- mittee for the City of Vineland, and is cent recognition of an individual who a member of numerous other organiza- cent of the nation’s labor force were has tirelessly given of herself through- farmers—feeding a population of only 4 tions. out her career, and it is my privilege to Mr. Scott is truly a distinguished million. acknowledge her today in the United Today, with less than 2 percent of our American. We are all better off for the States Senate. population actively engaged in agri- dedication he has shown to protecting culture, our nation’s family farmers In her capacity as Commissioner of his nation and to bettering the lives of ∑ feed a U.S. population of 265 million, the Vineland Housing Authority, she his fellow New Jerseyans. along with millions of others around has brought hope to an entire commu- f the world. nity through her leadership and dedica- The contributions of the agriculture tion. Indeed, her career is marked by IN RECOGNITION OF ERNEST D. industry on our economy are many. an unyielding commitment to young COURSEY Agriculture is the largest positive con- people and uplifting those living in ∑ Mr. TORRICELLI. Mr. President, tributor to our nation’s balance of poverty as she has served as an advisor today I rise to honor Ernest D. trade. Last year, American farmers ex- to the Martin Luther King Academy Coursey, a true citizen and servant of ported $53 billion worth of commod- for Youth and Center and Field Direc- Atlantic City, New Jersey. As a leader ities. The State of Iowa alone exported tor for the Southwest Citizens Organi- of the City’s Council, he has worked more than $3 billion worth of corn, soy- zation for Poverty Elimination. diligently to improve the daily lives of beans, live animals, and red meats. Her outstanding record of service is his neighbors and bring opportunity Moreover, according to the Depart- also distinguished by a long list of and hope to the thousands who call At- ment of Agriculture, each dollar from prestigious awards including the Har- lantic City home. For his work and agricultural exports generates another riet Tubman Award, the Liberty Bell commitment, Mr. Coursey will receive $1.47 in additional economic activity. Award, the National Political Congress the Charles A. Hayes Award, named for Twenty-four million Americans depend of Black Women Award, the NAACP an outstanding public servant, a vet- on agriculture for their livelihoods. and Bridgeton African American Award eran of the United States Congress, and Despite the enormous contributions and an induction into the Comberland passionate defender of civil, human, of farming to our country, today, fewer County Black Hall of Fame. and worker’s rights. and fewer people have direct ties to life Mrs. Corbin has met every challenge, First elected Third Ward Councilman on the farm, and fewer still depend every task and every duty with unwav- on the Atlantic City Council in 1991, solely on farming for their livelihood. ering faith and an unflinching commit- Mr. Coursey quickly emerged as a lead- Technological efficiencies and mechan- ment to the people she serves. I am er. He rose first to Council Vice Presi- ical advances on today’s farm require proud to recognize her today as one of dent and later to Council President, less labor to produce more food. While New Jersey’s Best.∑ while never forgetting his constituents,
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2180 CONGRESSIONAL RECORD — SENATE March 20, 2002 focusing on the needs of children and cluding stints as an Area Director in under the Robert T. Stafford Disaster Relief Seniors. His annual holiday events, Michigan, Tennessee, Florida, Georgia, and Emergency Assistance Act in the case of food drives and Senior and Youth Days and several other states. In 1999 he was victims of the terrorist attacks of September united the entire city and increased appointed a Regional Director respon- 11, 2001. the sense of community. sible for Delaware, Pennsylvania, and The message also announced that the After serving on the City’s Council, New Jersey, where he currently serves. House has passed the following bill, he was appointed Confidential Aide to It is my firm belief that Leamon will without amendment: the Mayor. This new role has enabled continue this fine tradition of service S. 2019. An act to extend the authority of Mr. Coursey to bring his considerable in the years to come, and will remain a the Export-Import Bank until April 30, 2002. leadership skills and knowledge of the tireless advocate on behalf of those in f residents’ needs to the entire City. As the labor community. I congratulate a life-long Atlantic City resident, Er- him on receiving the Nelson ‘‘Jack’’ MEASURES REFERRED nest D. Coursey has demonstrated his Hood Award, and consider it a privilege The following bills were read the first commitment to public service and to to honor him today on the Senate and the second times by unanimous the citizens of his hometown. His re- floor.∑ consent, and referred as indicated: ceipt of the Charles D. Hayes Award is f H.R. 706. An act to direct the Secretary of not only a fitting recognition of his the Interior to convey certain properties in many accomplishments, but is also an MESSAGES FROM THE PRESIDENT the vicinity of the Elephant Butte Reservoir appropriate tribute to the legacy of Messages from the President of the and the Caballo Reservoir, New Mexico; to Charles Hayes. It is my privilege to ac- the Committee on Energy and Natural Re- United States were communicated to knowledge Mr. Coursey today.∑ sources. the Senate by Ms. Evans, one of his H.R. 1712. An act to authorize the Sec- f secretaries. retary of the Interior to make minor adjust- TRIBUTE TO LEAMON HOOD f ments to the boundary of the National park ∑ Mr. TORRICELLI. Mr. President, I of American Samoa to include certain por- EXECUTIVE MESSAGES REFERRED tions of the islands of Ofu and Olosega with- rise today to pay tribute to Leamon in the park, and for other purposes; to the Hood, who will soon receive the Nelson As in executive session the presiding Committee on Energy and Natural Re- ‘‘Jack’’ Hood Award for his commit- officer laid before the Senate messages sources. ment to the labor community, and his from the President of the United H.R. 2509. An act to authorize the Sec- political and social activism. States submitting sundry nominations retary of the Treasury to produce currency, Leamon was born in 1937 in Jackson which were referred to the appropriate postage stamps, and other security docu- Georgia, a small town outside of At- committees. ments at the request of foreign governments lanta. The fifth of seven children to (The nominations received today are on a reimbursable basis; to the Committee former sharecroppers, Leamon lived printed at the end of the Senate pro- on Banking, Housing, and Urban Affairs. there for the first 15 years of his life, H.R. 3928. An act to assist in the preserva- ceedings.) tion of archaeological, paleonotological, zoo- before moving to Atlanta after the f logical, geological, and botanical artifacts death of his mother. In his senior year through construction of a new facility for in high school, Leamon dropped out to MESSAGE FROM THE HOUSE the University of Utah Museum of Natural join the United States Navy, where he At 11:04 a.m., a message from the History, Salt Lake city, Utah; to the Com- subsequently earned his G.E.D. and was House of Representatives, delivered by mittee on Energy and Natural Resources. trained as a Certified Air Mechanic. Ms. Niland, one of its reading clerks, f It was after he left the Navy in 1960 announced that the House has passed that Mr. Hood first experienced the MEASURES READ THE FIRST TIME the following bills, in which it requests string of job discrimination, when rac- the concurrence of the Senate: The following bill was read the first ist hiring practices prevented him from time: getting employment as a civilian air- H.R. 706. An act to direct the Secretary of the Interior to convey certain properties in H.R. 2804. An act to designate the United craft mechanic. As a result, Leamon the vicinity of the Elephant Butte Reservoir States courthouse located at 95 Seventh went to work as a janitor in a paint and the Caballo Reservoir, New Mexico. Street in San Francisco, California, as the manufacturing company. However, he H.R. 1712. An act to authorize the Sec- ‘‘James R. Browning United States Court- again was confronted with discrimina- retary of the Interior to make adjustments house.’’ to the boundary of the National Park of tion when in 1962 he was fired from his f job as a janitor after refusing to join American Samoa to include certain portions the Teamsters Union, which at the of the islands of Ofu and Olosega within the ENROLLED BILL PRESENTED park, and for other purposes. time contractually restricted blacks to The Secretary of the Senate reported jobs in the service department. Ulti- H.R. 2509. An act to authorize the Sec- retary of the Treasury to produce currency, that on today, March 20, 2002, she had mately, Leamon became a school cus- postage stamps, and other security docu- presented to the President of the todian in Atlanta and helped organize ments at the request of foreign governments United States the following enrolled the Classified School employees into on a reimbursable basis. bill: AFSCME. Yet even though he helped to H.R. 2804. An act to designate the United S. 2019. An act to extend the authority of organize his peers into AFSCME, States courthouse located at 95 Seventh the Export-Import Bank until April 30, 2002. Leamon himself refused to join again Street in San Francisco, California, as the as a result of the persistent segrega- ‘‘James R. Browning United States Court- f tion and discrimination he found in the house.’’ H.R. 3928. An act to assist in the preserva- EXECUTIVE AND OTHER union. COMMUNICATIONS That finally changed in 1964, when tion of archaeological, paleontological, zoo- logical, geological, and botanical artifacts The following communications were the new President of AFSCME, Jerry through construction of a new facility for Wurf, removed all official racial bar- laid before the Senate, together with the University of Utah Museum of Natural accompanying papers, reports, and doc- riers of segregation and discrimination. History, Salt Lake City, Utah. Leamon joined the union, and became H.R. 3985. An act to amend the Act entitled uments, which were referred as indi- one of its most active members, at one ‘‘An Act to authorize the leasing of re- cated: point even seeking to become Presi- stricted Indian lands for public, religious, EC–5829. A communication from the Sec- dent of his local. Though he lost that educational, recreational, residential, busi- retary of Defense and the Secretary of Vet- bid, Leamon remained active and in ness, and other purposes requiring the grant erans’ Affairs, transmitting jointly, pursu- 1967 he became one of the charter mem- of long-term leases,’’ approved August 9, ant to law, the Report on Health Care Re- 1955, to provide for binding arbitration sources Sharing for Fiscal Year 2001; to the bers in the Union’s Staff Intern Pro- clauses in leases and contracts related to Committee on Veterans’ Affairs. gram, which trained members to orga- reservation lands of the Gila River Indian EC–5830. A communication from the Acting nize. Community. Associate Deputy Administrator for Manage- Since 1970 Leamon has served as an H.R. 3986. An act to extend the period of ment and Administration, Small Business organizer throughout the country, in- availability of unemployment assistance Administration, transmitting, pursuant to
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2181 law, the report of a nomination for the posi- volving U.S. exports to Turkey, Mongolia, mittee on Commerce, Science, and Transpor- tion of Chief Counsel for Advocacy, received the Czech Republic, and Brazil; to the Com- tation. on March 18, 2002; to the Committee on mittee on Banking, Housing, and Urban Af- EC–5849. A communication from the Dep- Small Business and Entrepreneurship. fairs. uty Assistant Administrator for Ocean Serv- EC–5831. A communication from the Ad- EC–5840. A communication from the Man- ices and Coastal Zone Management, National ministrator of the Small Business Adminis- aging Director of the Federal Housing Fi- Ocean Service, Department of Commerce, tration, transmitting, pursuant to law, the nance Board, transmitting, pursuant to law, transmitting, pursuant to law, the report of Semiannual Report of the Office of the In- the report of a rule entitled ‘‘Amendment of a rule entitled ‘‘General Grant Administra- spector General for the period April 1, 2001 Community Investment Cash Advance Pro- tion Terms and Conditions of the Coastal through September 30, 2001; to the Com- grams Regulation’’ (RIN3069–AA99) received Ocean Program: Announcement of Oppor- mittee on Small Business and Entrepreneur- on March 18, 2002; to the Committee on tunity’’ (RIN0648–ZA92) received on March ship. Banking, Housing, and Urban Affairs. 18, 2002; to the Committee on Commerce, EC–5832. A communication from the Direc- EC–5841. A communication from the Direc- Science, and Transportation. tor of the Office of White House Liaison, De- tor of the Office of White House Liaison, De- EC–5850. A communication from the Dep- partment of Commerce, International Trade partment of Commerce, Bureau of Export uty Assistant Administrator for Fisheries Administration, U.S. and Foreign Commer- Administration, transmitting, pursuant to for Operations, National Marine Fisheries cial Service, transmitting, pursuant to law, law, the report of a nomination confirmed Service, Department of Commerce, transmit- the report of a nomination confirmed and a and a change in previously submitted re- ting, pursuant to law, the report of a rule en- change in previously submitted reported in- ported information for the position of Assist- titled ‘‘International Fisheries; Pacific Tuna formation for the position of Assistant Sec- ant Secretary for Export Enforcement, re- Fisheries; 2001 Quotas and Management retary and Director General, received on ceived on March 18, 2002; to the Committee Measures for Yellowfin and Juvenile Bigeye March 18, 2002; referred jointly, pursuant to on Banking, Housing, and Urban Affairs. Tuna’’ (RIN0648–AO48) received on March 18, the order of January 30, 1975 as modified by EC–5842. A communication from the Direc- 2002; to the Committee on Commerce, the order of April 11, 1986, to the Committees tor of the Office of White House Liaison, De- Science, and Transportation. on Banking, Housing, and Urban Affairs; and partment of Commerce, Bureau of Export EC–5851. A communication from the Direc- Commerce, Science, and Transportation. Administration, transmitting, pursuant to tor, Office of White House Liaison, Office of EC–5833. A communication from the Direc- law, the report of a nomination confirmed the Secretary, Department of Commerce, tor of the Office of White House Liaison, De- and a change in previously submitted re- transmitting, pursuant to law, the report of partment of Commerce, International Trade ported information for the position of Under a nomination confirmed and a change in pre- Administration, transmitting, pursuant to Secretary for Export Administration, re- viously submitted reported information for law, the report of a nomination confirmed ceived on March 18, 2002; to the Committee the nomination for the position of Assistant and the change in previously submitted re- on Banking, Housing, and Urban Affairs. Secretary for Legislative and Intergovern- ported information for the position of Under EC–5843. A communication from the Direc- mental Affairs, received on March 18, 2002; to Secretary for International Trade Adminis- tor of the Office of White House Liaison, De- the Committee on Commerce, Science, and tration, received on March 18, 2002, referred partment of Commerce, Bureau of Export Transportation. jointly, pursuant to the order of January 30, Administration, transmitting, pursuant to EC–5852. A communication from the Direc- 1975 as modified by the order of April 11, 1986; law, the report of a nomination confirmed tor, Office of White House Liaison, Office of to the Committees on Banking, Housing, and and a change in previously submitted re- the Secretary, Department of Commerce, Urban Affairs; and Finance. ported information for the position of Assist- transmitting, pursuant to law, the report of EC–5834. A communication from the Chair- ant Secretary for Export Administration, re- a nomination confirmed and a change in pre- man of the Office of the General Counsel, ceived on March 18, 2002; to the Committee viously submitted reported information for Federal Election Commission, transmitting, on Banking, Housing, and Urban Affairs. the nomination for the position of Chief Fi- pursuant to law, the report of a rule entitled EC–5844. A communication from the Direc- nancial Officer and Assistant Secretary for ‘‘Final Rules and Explanation and Justifica- tor of the Office of White House Liaison, De- Administration, received on March 18, 2002; tion on Independent Expenditure Reporting’’ partment of Commerce, International Trade to the Committee on Commerce, Science, received on March 15, 2002; to the Committee Administration, Trade Development, trans- and Transportation. on Rules and Administration. mitting, pursuant to law, the report of a EC–5853. A communication from the Direc- EC–5835. A communication from the Chair- nomination confirmed and a change in pre- tor, Office of White House Liaison, Office of man of the Federal Election Commission, viously submitted reported information for the Secretary, Department of Commerce, transmitting, pursuant to law, the report of the position of Assistant Secretary for Trade transmitting, pursuant to law, the report of a rule entitled ‘‘Technical Amendment to Development, received on March 18, 2002; to a nomination confirmed and a change in pre- Election Cycle Reporting’’ received on the Committee on Banking, Housing, and viously submitted reported information for March 15, 2002; to the Committee on Rules Urban Affairs. the nomination for the position of General and Administration. EC–5845. A communication from the Assist- Counsel, received on March 18, 2002; to the EC–5836. A communication from the Direc- ant General Counsel for Regulatory Law, Committee on Commerce, Science, and tor, Office of White House Liaison, Depart- Freedom of Information and Privacy Acts Transportation. ment of Commerce, Economic Development Division, Department of Energy, transmit- EC–5854. A communication from the Direc- Administration, transmitting, pursuant to ting, pursuant to law, the report of a rule en- tor, Office of White House Liaison, Office of law, the report of a nomination confirmed titled ‘‘Privacy Act: Implementation’’ the Secretary, Department of Commerce, and a change in previously submitted re- (RIN1901–AA69) received on March 18, 2002; to transmitting, pursuant to law, the report of ported information for the position of Assist- the Committee on Energy and Natural Re- a nomination confirmed and a change in pre- ant Secretary for Economic Development, sources. viously submitted reported information for received on March 18, 2002; to the Committee EC–5846. A communication from the Assist- the nomination for the position of Deputy on Environment and Public Works. ant General Counsel for Regulatory Law, Of- Secretary, received on March 18, 2002; to the EC–5837. A communication from the Prin- fice of Environment, Safety and Health, De- Committee on Commerce, Science, and cipal Deputy Associate Administrator of the partment of Energy, transmitting, pursuant Transportation. Environmental Protection Agency, transmit- to law, the report of a rule entitled ‘‘Inte- EC–5855. A communication from the Direc- ting, pursuant to law, the report of a rule en- grated Safety Management System Guide tor, Office of White House Liaison, Office of titled ‘‘Notice of Availability of Grants for (Volumes 1 and 2)’’ (DOE G 450–1B) received the Secretary, Department of Commerce, Development of Coastal Recreation Water on March 18, 2002; to the Committee on En- transmitting, pursuant to law, the report of Monitoring and Public Notification Under ergy and Natural Resources. a nomination confirmed and a change in pre- the Beaches Environmental Assessment and EC–5847. A communication from the Chair- viously submitted reported information for Coastal Health Act’’ (FRL7161–5) received on man of the Surface Transportation Board, the nomination for the position of Secretary March 18, 2002; to the Committee on Environ- Department of Transportation, transmitting, of Commerce, received on March 18, 2002; to ment and Public Works. pursuant to law, the report of a rule entitled the Committee on Commerce, Science, and EC–5838. A communication from the Direc- ‘‘STB Ex Parte No. 542 (Sub-No. 8) Regula- Transportation. tor of the Fish and Wildlife Service, Depart- tions Governing Fees for Services Performed EC–5856. A communication from the Direc- ment of the Interior, transmitting, pursuant in Connection With Licensing and Related tor, Office of White House Liaison, Patent to law, the report of a rule entitled ‘‘Endan- Services—2002 Update’’ (Board Decision No. and Trademark Office, Department of Com- gered and Threatened Wildlife and Plants; 32552) received on March 14, 2002; to the Com- merce, transmitting, pursuant to law, the re- Listing the Desert Yellowhead as Threat- mittee on Commerce, Science, and Transpor- port of a nomination and a change in pre- ened’’ (RIN1018–AI35) received on March 18, tation. viously submitted reported information for 2002; to the Committee on Environment and EC–5848. A communication from the Sec- the nomination for the position of Under Public Works. retary of the Commission, Bureau of Com- Secretary and Director of the PTO, received EC–5839. A communication from the Vice petition, Federal Trade Commission, trans- on March 18, 2002; to the Committee on Com- Chairman of the Export-Import Bank of the mitting, pursuant to law, the report of a rule merce, Science, and Transportation. United States, transmitting, pursuant to entitled ‘‘16 CFR Section 802.21’’ (RIN3084– EC–5857. A communication from the Direc- law, a report relative to a transaction in- AA23) received on March 18, 2002; to the Com- tor, Office of White House Liaison, National
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2182 CONGRESSIONAL RECORD — SENATE March 20, 2002 Telecommunications and Information Ad- EC–5866. A communication from the Direc- *JoAnn Johnson, of Iowa, to be a Member ministration, Department of Commerce, tor, Office of White House Liaison, Inter- of the National Credit Union Administration transmitting, pursuant to law, the report of national Trade Administration, Market Ac- Board for a term expiring August 2, 2007. a nomination confirmed and a change in pre- cess and Compliance (MAC), Department of *Deborah Matz, of New York, to be a Mem- viously submitted reported information for Commerce, transmitting, pursuant to law, ber of the National Credit Union Administra- the nomination for the position of Assistant the report of a nomination confirmed and a tion Board for a term expiring August 2, 2005. Secretary for Communications and Informa- change in previously submitted reported in- By Mr. LEVIN for the Committee on tion, received on March 18, 2002; to the Com- formation for the nomination for the posi- Armed Services. mittee on Commerce, Science, and Transpor- tion of Assistant Secretary for MAC, re- Air Force nomination of Brig. Gen. George tation. ceived on March 18, 2002; to the Committee P. Taylor, Jr. EC–5858. A communication from the Direc- on Commerce, Science, and Transportation. Air Force nomination of Lt. Gen. Bruce A. tor, Office of White House Liaison, Econom- EC–5867. A communication from the Regu- Carlson. ics and Statistics Administration, Depart- lations Officer, Social Security Administra- Air Force nomination of Lt. Gen. Robert C. ment of Commerce, transmitting, pursuant tion, transmitting, pursuant to law, the re- Hinson. to law, the report of a nomination confirmed port of a rule entitled ‘‘Revised Medical Cri- Air Force nomination of Maj. Gen. Duncan and a change in previously submitted re- teria for Determination of Disability, Mus- J. McNabb. ported information for the nomination for culoskeletal System and Related Criteria’’ Air Force nomination of Lt. Gen. Joseph H. the position of Under Secretary for Econom- (RIN0960–AB01) received on March 18, 2002; to Wehrle, Jr. ics Affairs, received on March 18, 2002; to the the Committee on Finance. Air Force nomination of Maj. Gen. Thomas Committee on Commerce, Science, and EC–5868. A communication from the Direc- B. Goslin, Jr. Transportation. tor of the Workforce Compensation and Per- Air Force nomination of Lt. Gen. Leslie F. EC–5859. A communication from the Direc- formance Service, Office of Personnel Man- Kenne. tor, Office of White House Liaison, Tech- agement, transmitting, pursuant to law, the Air Force nomination of Maj. Gen. William nology Administration, Department of Com- report of a rule entitled ‘‘Cost-of-Living Al- R. Looney III. merce, transmitting, pursuant to law, the re- lowances (Nonforeign Areas); Various Allow- Army nomination of Colonel Kevin T. port of a nomination confirmed and a change ance Rate Adjustments’’ ((RIN3206– Ryan. in previously submitted reported informa- AJ15)(RIN3206–AJ26)) received on March 15, Army nominations beginning Brigadier tion for the nomination for the position of 2002 ; to the Committee on Governmental Af- General Jeffrey L. Gidley and ending Colonel Assistant Secretary for Technology Policy, fairs. Timothy J. Wright, which nominations were received on March 18, 2002; to the Committee EC–5869. A communication from the Dep- received by the Senate and appeared in the on Commerce, Science, and Transportation. uty Administrator of the Environmental Congressional Record on February 26, 2002. EC–5860. A communication from the Direc- Protection Agency, transmitting, pursuant Army nomination of Maj. Gen. James R. tor, Office of White House Liaison, Tech- to law, the report of the Agency’s Inventory Helmly. nology Administration, Department of Com- Commercial Activities for Fiscal Year 2001; Navy nomination of Rear Adm. (lh) Ste- merce, transmitting, pursuant to law, the re- to the Committee on Governmental Affairs. phen S. Israel. port of a nomination and a change in pre- EC–5870. A communication from the Execu- Navy nomination of Rear Adm. Michael F. viously submitted reported information for tive Director of the Federal Retirement Lohr. the nomination for the position of Under Thrift Investment Board, transmitting, pur- Mr. LEVIN. Mr. President, for the Secretary of Technology, received on March suant to law, the Board’s Audit Reports Re- Committee on Armed Services I report 18, 2002; to the Committee on Commerce, garding the Thrift Savings Plan for Fiscal favorably the following nomination Science, and Transportation. Year 2001; to the Committee on Govern- EC–5861. A communication from the Senior mental Affairs. lists which were printed in the Attorney, Financial Management Service, EC–5871. A communication from the Direc- RECORDS on the dates indicated, and Treasury Department, transmitting, pursu- tor of the Office of General Counsel and ask unanimous consent, to save the ex- ant to law, the report of a rule entitled Legal Policy, Office of Government Ethics, pense of reprinting on the Executive ‘‘Payment of Federal Taxes and the Treasury transmitting, pursuant to law, the report of Calendar that these nominations lie at Tax and Loan Program’’ (RIN1510–AA79) re- a rule entitled ‘‘Executive Branch Financial the Secretary’s desk for the informa- ceived on March 15, 2002; to the Committee Disclosure, Qualified Trusts, and Certificates tion of Senators. on Finance. of Divestiture; Extension of Filing Dates for The PRESIDING OFFICER. Without EC–5862. A communication from the Chief Certain Confidential Financial Disclosure of the Regulations Branch, United States Report Filers’’ (RIN3209–AA00) received on objection, it is so ordered. Customs Service, Department of the Treas- March 18, 2002; to the Committee on Govern- Air Force nominations beginning Timothy ury, transmitting, pursuant to law, the re- mental Affairs. S. Claseman and ending Douglas C. Wilson, port of a rule entitled ‘‘Payment of Duties EC–5872. A communication from the Direc- which nominations were received by the Sen- on Certain Steel Products’’ (RIN1515–AD07) tor of the Federal Emergency Management ate and appeared in the Congressional received on March 18, 2002; to the Committee Agency, transmitting, pursuant to law, the Record on January 28, 2002. on Finance. Semiannual Report of the Office of the In- Air Force nominations beginning Richard EC–5863. A communication from the Regu- spector General for the period April 1, 2001 E. Bachmann, Jr. and ending Donald R. lations Coordinator, Office of Inspector Gen- through September 30, 2001; to the Com- Yoho, Jr., which nominations were received eral, Department of Health and Human Serv- mittee on Governmental Affairs. by the Senate and appeared in the Congres- ices, transmitting, pursuant to law, the re- EC–5873. A communication from the Direc- sional Record on January 28, 2002. port of a rule entitled ‘‘Medicare and Federal tor of the Office of Personnel Management, Army nominations beginning Dewitt T Health Care Programs; Fraud and Abuse; Re- transmitting, pursuant to law, the Annual Bell, Jr. and ending Jon M Wright, which visions and Technical Corrections’’ (RIN0991– Report on the Federal Equal Opportunity nominations were received by the Senate and AB09) received on March 18, 2002; to the Com- Recruitment Program (FEORP) for Fiscal appeared in the Congressional Record on mittee on Finance. Year 2001; to the Committee on Govern- February 26, 2002. EC–5864. A communication from the Regu- mental Affairs. Army nominations beginning Bobbie A. lations Coordinator, Centers for Medicare EC–5874. A communication from the Sec- Bell and ending David J. Wellington, which and Medicaid Services, Department of retary of Veterans Affairs, transmitting, nominations were received by the Senate and Health and Human Services, transmitting, pursuant to law, the report of the Office of appeared in the Congressional Record on pursuant to law, the report of a rule entitled the Inspector General for the period April 1, February 26, 2002. ‘‘Medicaid Program; Modifications of the 2001 through September 30, 2001; to the Com- Air Force nomination of David H. Conroy. Medicaid Upper-Payment Limit for Non- mittee on Governmental Affairs. Air Force nomination of Edward A. State Government-Owned or Operated Hos- EC–5875. A communication from the In- Laferty. pitals; Delay of Effective Date of a Final spector General of Social Security, transmit- Air Force nominations beginning Michelle Rule’’ (RIN0938–AL05) received on March 18, ting, pursuant to law, the Office of the In- D. Adams and ending Carol L. Westfall, 2002; to the Committee on Finance. spector General Fiscal Year 2002 Annual which nominations were received by the Sen- EC–5865. A communication from the Direc- Audit Plan; to the Committee on Govern- ate and appeared in the Congressional tor, Office of White House Liaison, Inter- mental Affairs. Record on February 27, 2002. national Trade Administration, Import Ad- Air Force nominations beginning Robert f ministration, Department of Commerce, K. Abernathy and ending Anthony J. Zucco, transmitting, pursuant to law, the report of EXECUTIVE REPORTS OF which nominations were received by the Sen- a nomination confirmed and a change in pre- COMMITTEES ate and appeared in the Congressional viously submitted reported information for Record on February 27, 2002. the nomination for the position of Assistant The following executive reports of Army nomination of Donald E. Ebert. Secretary for Import Administration, re- committees were submitted: Army nomination of Clifford D. Friesen. ceived on March 18, 2002; to the Committee By Mr. SARBANES for the Committee on Army nomination of Gregory A. on Commerce, Science, and Transportation. Banking, Housing, and Urban Affairs. Brouillette.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2183 Army nominations beginning *Amy M INTRODUCTION OF BILLS AND S. 508 Bajus and ending *Antoinette Wrightmcrae, JOINT RESOLUTIONS At the request of Mr. LUGAR, the Jr., which nominations were received by the name of the Senator from Indiana (Mr. Senate and appeared in the Congressional The following bills and joint resolu- BAYH) was added as a cosponsor of S. Record on February 27, 2002. tions were introduced, read the first Air Force nominations beginning Wesley J. and second times by unanimous con- 508, a bill to authorize the President to Ashabranner and ending David L. Walton, sent, and referred as indicated: promote posthumously the late Ray- which nominations were received by the Sen- By Mr. JEFFORDS (for himself, Mrs. mond Ames Spruance to the grade of ate and appeared in the Congressional CLINTON, and Ms. SNOWE): Fleet Admiral of the United States Record on February 28, 2002. S. 2035. A bill to provide for the establish- Navy, and for other purposes. Air Force nomination of Michael Hajatian, ment of health plan purchasing alliances; to S. 548 Jr. the Committee on Health, Education, Labor, At the request of Mr. HARKIN, the Air Force nomination of Catherine S. Lutz. and Pensions. name of the Senator from Ohio (Mr. Air Force nomination of Karen L. Wolf. By Mr. GRAHAM (for himself and Mr. EWINE Air Force nominations beginning Albert G. NELSON of Florida): D ) was added as a cosponsor of S. Baltz and ending Duane Kellogg, Jr., which S. 2036. A bill to authorize the appointment 548, a bill to amend title XVIII of the nominations were received by the Senate and of additional Federal district court judges Social Security Act to provide en- appeared in the Congressional Record on for the middle and southern districts of Flor- hanced reimbursement for, and ex- February 28, 2002. ida, and for other purposes; to the Com- panded capacity to, mammography Air Force nominations beginning James C. mittee on the Judiciary. services under the medicare program, Demers and ending Carlos E. Rodriguez, By Mr. WYDEN (for himself and Mr. and for other purposes. which nominations were received by the Sen- ALLEN): ate and appeared in the Congressional S. 2037. A bill to mobilize technology and S. 999 Record on February 28, 2002. science experts to respond quickly to the At the request of Mr. BINGAMAN, the Air Force nominations beginning Derrick threats posed by terrorist attacks and other name of the Senator from Vermont K. Anderson and ending Joseph R. Wallroth, emergencies, by providing for the establish- (Mr. LEAHY) was added as a cosponsor which nominations were received by the Sen- ment of a national emergency technology of S. 999, a bill to amend title 10, ate and appeared in the Congressional guard, a technology reliability advisory United States Code, to provide for a Record on March 6, 2002. board, and a center for evaluating antiterrorism and disaster response tech- Korea Defense Service Medal to be Air Force nominations beginning Matt issued to members of the Armed Forces Adkins, Jr. and ending Stephen M. Wolfe, nology within the National Institute of which nominations were received by the Sen- Standards and Technology; to the Com- who participated in operations in ate and appeared in the Congressional mittee on Commerce, Science, and Transpor- Korea after the end of the Korean War. Record on March 6, 2002. tation. S. 1022 By Mrs. CLINTON (for herself, Mr. Army nominations beginning *David E At the request of Mr. WARNER, the KERRY, Mr. DURBIN, Mrs. FEINSTEIN, Bentzel and ending *Shannon M Wallace, name of the Senator from New York which nominations were received by the Sen- Mrs. BOXER, Mr. CORZINE, Ms. STABE- (Mr. SCHUMER) was added as a cospon- ate and appeared in the Congressional NOW, and Mr. SCHUMER): Record on March 6, 2002. S. 2038. A bill to provide for homeland se- sor of S. 1022, a bill to amend the Inter- curity block grants; to the Committee on Army nominations beginning *Abad nal Revenue Code of 1986 to allow Fed- Environment and Public Works. Ahmed and ending *Larry J Wooldridge, eral civilian and military retirees to By Mr. DURBIN (for himself, Mr. which nominations were received by the Sen- pay health insurance premiums on a GRASSLEY, Mr. HARKIN, Mr. DASCHLE, ate and appeared in the Congressional pretax basis and to allow a deduction Mr. LEAHY, Mr. SCHUMER, Mr. NELSON Record on March 6, 2002. for TRICARE supplemental premiums. of Nebraska, and Mr. BIDEN): Army nominations beginning Kimberlee A S. 2039. A bill to expand aviation capacity S. 1211 Aiello and ending *Chunlin Zhang, which in the Chicago area; to the Committee on nominations were received by the Senate and At the request of Ms. CANTWELL, the Commerce, Science, and Transportation. appeared in the Congressional Record on name of the Senator from Washington March 6, 2002. f (Mrs. MURRAY) was added as a cospon- Army nomination of James R. Kish. SUBMISSION OF CONCURRENT AND sor of S. 1211, a bill to reauthorize and Marine Corps nominations beginning Ray- SENATE RESOLUTIONS revise the Renewable Energy Produc- mond J. Faugeaux and ending Marianne P. tion Incentive program, and for other Winzeler, which nominations were received The following concurrent resolutions purposes. by the Senate and appeared in the Congres- and Senate resolutions were read, and S. 1839 sional Record on March 6, 2002. referred (or acted upon), as indicated: At the request of Mr. ALLARD, the Navy nominations beginning Jennifer R By Mr. JOHNSON (for himself and Mr. name of the Senator from Georgia (Mr. Flather and ending Stephen J Williams, DASCHLE): which nominations were received by the Sen- S. Res. 228. A resolution honoring the CLELAND) was added as a cosponsor of ate and appeared in the Congressional memory of the USS South Dakota and its S. 1839, a bill to amend the Bank Hold- Record on March 6, 2002. World War II crew on the occasion of the ing Company Act of 1956, and the Re- Air Force nomination of Joseph Wysocki. 60th Anniversary of the commissioning of vised Statures of the United States to Air Force nominations beginning Richard the USS South Dakota; to the Committee on prohibit financial holding companies L. Fullerton and ending William P. Walker, Armed Services. and national banks from engaging, di- which nominations were received by the Sen- By Mrs. BOXER (for herself, Ms. MI- rectly or indirectly, in real estate bro- ate and appeared in the Congressional KULSKI, Mrs. FEINSTEIN, Mrs. MUR- Record on March 13, 2002. RAY, Mrs. HUTCHISON, Ms. SNOWE, Ms. kerage or real estate management ac- Air Force nominations beginning William COLLINS, Ms. LANDRIEU, Mrs. LIN- tivities, and for other purposes. P. Albro and ending Delilah R. Works, which COLN, Ms. CANTWELL, Mrs. CARNAHAN, S. 1922 nominations were received by the Senate and Mrs. CLINTON, and Ms. STABENOW): At the request of Mr. HUTCHINSON, appeared in the Congressional Record on S. Res. 229. A resolution condemning the the name of the Senator from Montana March 13, 2002. involvement of women in suicide bombings; Army nominations beginning * Sharon M considered and agreed to. (Mr. BAUCUS) was added as a cosponsor of S. 1922, a bill to direct the Secretary Aaron and ending Joellen E Windsor, which f nominations were received by the Senate and of Health and Human Services to ex- appeared in the Congressional Record on ADDITIONAL COSPONSORS pand and intensify programs with re- March 13, 2002. S. 121 spect to research and related activities *Nomination was reported with rec- At the request of Mrs. FEINSTEIN, the concerning elder falls. ommendation that it be confirmed sub- name of the Senator from Wisconsin S. 1945 ject to the nominee’s commitment to (Mr. FEINGOLD) was added as a cospon- At the request of Mr. JOHNSON, the respond to requests to appear and tes- sor of S. 121, a bill to establish an Of- name of the Senator from Hawaii (Mr. tify before any duly constituted com- fice of Children’s Services within the INOUYE) was added as a cosponsor of S. mittee of the Senate. Department of Justice to coordinate 1945, a bill to provide for the merger of (Nominations without an asterisk and implement Government actions in- the bank and savings association de- were reported with the recommenda- volving unaccompanied alien children, posit insurance funds, to modernize tion that they be confirmed.) and for other purposes. and improve the safety and fairness of
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2184 CONGRESSIONAL RECORD — SENATE March 20, 2002 the Federal deposit insurance system, STATEMENTS ON INTRODUCED which threaten to further delay the ad- and for other purposes. BILLS AND JOINT RESOLUTIONS ministration of justice for thousands of S. 1992 By Mr. GRAHAM (for himself and Floridians. Simply put, Florida’s judges are overwhelmed and unable to At the request of Mrs. MURRAY, the Mr. NELSON of Florida): S. 2036. A bill to authorize the ap- handle this many cases. name of the Senator from Maine (Ms. Today, Senator GRAHAM and I are in- SNOWE) was added as a cosponsor of S. pointment of additional Federal dis- trict court judges for the middle and troducing legislation which will create 1992, a bill to amend the Employee Re- one additional permanent judgeship for tirement Income Security Act of 1974 southern districts of Florida, and for other purposes; to the Committee on the Middle District of Florida and one to improve diversification of plan as- additional permanent judgeship for the sets for participants in individual ac- the Judiciary. Mr. GRAHAM. Mr. President, an esti- Southern District of Florida. Our legis- count plans, to improve disclosure, ac- mated 200,000 new Floridians every lation also creates a temporary judge- count access, and accountability under year move into the Sunshine State, ship for the Middle District which will individual account plans, and for other making Florida one of the fastest expire following the first vacancy on purposes. growing States in the Nation. As the the court which occurs no sooner than S. 2003 population increases, so do the number seven years after the confirmation date At the request of Mr. NELSON of Flor- of people seeking justice from the Fed- of the individual named to fill the tem- ida, the names of the Senator from eral Courts in our State. porary position. Washington (Mrs. MURRAY) and the Few are more familiar with these de- Our intention is to ensure that Flor- Senator from Massachusetts (Mr. mands than the judges and personnel of ida’s Federal courts have the jurists KERRY) were added as cosponsors of S. the United States Courts in Florida’s necessary to exact timely justice. After 2003, a bill to amend title 38, United Middle and Southern Districts. The Ju- reviewing current judges’ caseloads and States Code, to clarify the applica- dicial Conference of the United States consulting with the districts’ chief bility of the prohibition on assignment has established a benchmark caseload judges, we believe authorizing new of veterans benefits to agreements re- standard of 430 case filings per judge- judgeships is absolutely essential to garding future receipt of compensa- ship. This is a goal that is rarely met ensuring that these jurisdictions are tion, pension, or dependency and in- in Florida’s Middle and Southern Dis- able to meet their statutory and con- demnity compensation, and for other tricts. stitutional obligations. Florida’s Fed- purposes. In fact, the number of case filings per eral courts need these judges and Sen- judgeship in the Southern District has ator GRAHAM and I intend to do every- S. 2026 remained above 500 since 1995; at the thing we can to get them. At the request of Mr. LUGAR, the end of last year it stood at 609. In the I look forward to working with my names of the Senator from New Mexico Middle District the courts’ weighted colleagues on the Judiciary Committee (Mr. DOMENICI) and the Senator from caseload with 547 per judgeship at the to quickly pass this legislation, so that Nebraska (Mr. HAGEL) were added as end of 2001, 27 percent above the Con- we can bring relief to Florida’s Middle cosponsors of S. 2026, a bill to authorize ference standard. and Southern District Courts. the use of Cooperative Threat Reduc- In light of this considerable burden tion funds for projects and activities to on Florida’s judges and the outlook for By Mr. WYDEN (for himself and address proliferation threats outside continued growth within the State, the Mr. ALLEN): the states of the former Soviet Union, United States Judicial Conference has S. 2037. A bill to mobilize technology and for other purposes. recommended that Congress add one and science experts to respond quickly to the threats posed by terrorist at- S. RES. 185 permanent and one temporary judge- ship to the Middle District and one per- tacks and other emergencies, by pro- At the request of Mr. ALLEN, the manent judgeship in the Southern Dis- viding for the establishment of a na- name of the Senator from Kansas (Mr. trict. tional emergency technology guard, a BROWNBACK) was added as a cosponsor It is in accordance with these rec- technology reliability advisory board, of S. Res. 185, a resolution recognizing ommendations that my colleague from and a center for evaluating the historical significance of the 100th Florida and I introduce legislation to antiterrorism and disaster response anniversary of Korean immigration to establish these needed judgeships. It is technology within the National Insti- the United States. my hope that these additional judges tute of Standards and Technology; to S. RES. 219 will help to alleviate the heavy burden the Committee on Commerce, Science, At the request of Mr. GRAHAM, the currently placed on Florida’s Federal and Transportation. names of the Senator from Arizona courts. Mr. WYDEN. Mr. President, earlier (Mr. KYL) and the Senator from Indi- The administration of justice will today, along with my friend and col- ana (Mr. BAYH) were added as cospon- continue to be a challenge in Florida’s league, Senator ALLEN of Virginia, I in- sors of S. Res. 219, a resolution express- Federal courts unless adequate re- troduced bipartisan legislation that ing support for the democratically sources are committed. Perhaps the would establish the technology equiva- elected Government of Columbia and most egregious example of this lack of lent of the National Guard. It is an ef- its efforts to counter threats from resources is in the Fort Myers division fort we have been pursuing in the United States-designated foreign ter- of the Middle District, where judge’s Science, Technology, and Space Sub- rorist organizations. criminal caseloads stand at an as- committee. I am very pleased to have tounding ninety percent above the na- the Presiding Officer of the Senate on AMENDMENT NO. 3032 tional average. the subcommittee and pleased that he At the request of Mrs. LINCOLN, the As Florida continues to grow, this is in the chair as we discuss this legis- names of the Senator from New Jersey burden will only increase. The services lation tonight. (Mr. CORZINE), the Senator from Massa- provided by the Federal judiciary must This is a subject we have been work- chusetts (Mr. KERRY), the Senator from grow to meet these demands. I urge the ing on since September 11 and the trag- Minnesota (Mr. DAYTON), the Senator Senate to support this legislation, en- edy that struck our country that day. from New York (Mrs. CLINTON), and the sure adequate resources for the admin- We are all aware that the public sec- Senator from Massachusetts (Mr. KEN- istration of justice, and uphold the tor, government, military, and law en- NEDY) were added as cosponsors of United States Constitution’s guarantee forcement have begun a very signifi- amendment No. 3032 intended to be pro- of fair and speedy justice. cant mobilization effort to fight ter- posed to S. 517, a bill to authorize fund- Mr. NELSON of Florida. Mr. Presi- rorism. It is a laudatory effort, one I ing the Department of Energy to en- dent, Florida’s Middle and Southern fully support. This public effort is not hance its mission areas through tech- District Courts desperately need addi- going to be successful alone, if we don’t nology transfer and partnerships for tional judges. These jurisdictions are take steps to tap the tremendous tech- fiscal years 2002 through 2006, and for among the busiest in the Nation and nology and science talents of America’s other purposes. they face an avalanche of new cases private sector.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2185 Considering the enormous techno- In all of these instances, the key is In the event of a bioterror attack, we logical challenges faced on September locating equipment and expertise have been told by the health authori- 11, the quality of emergency response quickly. By turning to our virtual ties that communities would face the is more than exceptional. But the technology reserve, these officials very same confusion. Right now, if a many private companies and their would have a quick way to identify town is hit with a biological agent and science and technology experts who companies that have what they need local officials are looking for the clos- rushed to offer their help that day have and companies that have expressed est medical authority, there is no com- told our committee they can do more. their willingness to help in an emer- prehensive list of certified experts to They can move faster, and they can gency. help them. help save more lives if the U.S. Con- The Wyden-Allen legislation has sev- Suffice it to say, in our effort to try gress provides a portal, an opportunity eral other provisions that we believe to come up with a coordinated plan to for them to more accessibly participate will help make a meaningful difference fight terrorism, there are going to be in this fight against terrorism. The leg- and offer their talents. That is why the some difficult issues. I have great sym- islation provides for the formation of legislation Senator Allen and I offered pathy for Tom Ridge as he tries to rapid response teams of science and today, the Science and Technology bring together these agencies—perhaps technology experts. It establishes a Emergency Mobilization Act, provides 20 agencies—that are going to be in- clearinghouse and test bed for new an opportunity to tap those talents of volved in this effort. There are going to the private sector. antiterror technologies. Suffice it to say, our Government has received be some very difficult decisions that It doesn’t create a large bureaucracy. have to be made to maximize the tal- It is not going to snarl our private thousands and thousands of ideas, un- solicited, from private companies and ents and work of these agencies. companies in red tape. It is simply But it seems to me the idea of having going to provide a gateway to bring the citizens all across this country with re- spect to products to aid in the fight a preexisting database, so that in com- resources of the private sector to bear against terrorism. And there is no sys- munities in Florida, and in Oregon, and in the war against terrorism. tematic way to evaluate the quality of across this country, if you are hit with I believe, just as John F. Kennedy a bioterror agent or have a calamity gave America’s youth a forum for pub- those products. The bipartisan legislation we brought involving a terrorist attack, that you lic service, now is the time for our Gov- to the Senate today would provide that would have a preexisting database of ernment to throw open its doors to a test bed and a plan to have those prod- individuals who can help and compa- new generation raised on information ucts evaluated. nies that are willing to donate equip- technologies that will be able to re- Finally, our legislation provides for ment. That strikes me as eminently spond to the wide variety of technology pilot projects to help overcome a prob- doable, something practical that the and science-related challenges that lem that seems incomprehensible in a Government can do to make a real dif- arise in the wake of a terrorist attack communications center as advanced as ference. That is why our virtual tech- or other disaster. the east coast of the United States. We nology reserve and setting up these The legislation we are offering today saw on September 11 that first respond- databases can make a real difference. offers four opportunities to capitalize ers, people on the front lines, police on the immense technology resources In addition to that virtual tech- and fire and others, were not able to nology reserve, the Wyden-Allen bill of our Nation. One I am especially communicate to each other. Before our pleased about would establish a virtual seeks to move experts into a commu- subcommittee, we were told that on nity as rapidly as possible when prob- technology reserve. As my colleagues the east coast of the United States, ar- know, we have a strategic petroleum lems arise. To that end, in our bill we guably the most sophisticated commu- provide for the creation and certifi- reserve in our country. It is an energy nications center on the planet, there insurance policy, an energy bank, in ef- cation of national emergency tech- were firemen actually hand walking nology guard teams. We call these fect, that we can tap when we are in a messages to their colleagues because crunch with respect to oil products. I teams NET guard teams. They would all of the available communications be made up of volunteers with tech- think we ought to look at technology systems—the hard-wire systems, the as the same sort of resource. nology and science expertise, and they land lines, the cell lines—was down. So would be organized in advance and So we have created a virtual tech- we badly need to have innovative work nology reserve in our legislation that available to be mobilized on short no- done in trying to make interoperable tice. would allow communities all across these communications systems that After consulting at length with lead- this country to put in place a pre- our first responders need. existing database of private sector Our Subcommittee on Science, Tech- ers in the Bush administration, we equipment and expertise that they nology, and Space found, as we ana- have decided that these unique teams could call upon in the case of an emer- lyzed the events of September 11, that ought to be modeled after the urban gency. Access to this database would the private sector was ready, willing, search and rescue teams that are now enable Federal, State, and local offi- and able to contribute, but too often under FEMA and the medical response cials, as well as nongovernmental relief they were up against obstacles when teams under the Department of Health organizations, to locate quickly what- they wanted to help. Some couldn’t get and Human Services. But instead of ever technology or scientific help they proper credentials to access disaster providing search and rescue or medical might need from the private sector. sites. Some simply could not find the services, which, of course, is what is For example, a city official tasked right place to offer their people their available today, the NET guard teams with setting up a command center in expertise and equipment and were lit- would provide the technology, informa- the wake of an emergency might need erally knocking on doors offering to tion, and communications support to laptop computers and high capacity help, and people literally could use help rescuers work more effectively. telecommunications equipment. A their skills. Once assembled, NET guard teams can State health director facing a potential On December 5 of last year, FEMA provide technology-related help in the bioterrorism incident might need to lo- Director Joe Allbaugh testified before aftermath of floods, earthquakes, and cate experts with expertise concerning our subcommittee that emergency re- other natural disasters as well. a specific pathogen and to obtain spe- sponse officials could have used the In the testimony Director Allbaugh cial detection and remediation tech- help of people in the technology sector gave to the subcommittee, we were nology as soon as possible. An emer- to set up databases to track the miss- told that the technology challenges gency official coordinating in the field ing and injured, as well as the goods that are facing crises such as the Sep- rescue and recovery efforts might need and services being donated. But what tember 11 attacks are not just tech- a batch of hand-held radios or might Director Allbaugh has said—and he has nology problems, they are problems need to bring in mobile cellular units been very helpful in this effort—was that ultimately cost lives. The essence to expand local cellular coverage and there simply wasn’t a centralized go-to of this legislation is about saving lives, capacity so people on the ground can desk to provide experts for immediate and one way it can do that is to estab- communicate. needs. lish a structure to form and activate
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2186 CONGRESSIONAL RECORD — SENATE March 20, 2002 what we call NET guard teams of tech- terrorist strikes flattened tele- with the administration and with col- nology experts who can step in when communications and information net- leagues in the Congress on both sides of crises occur. works. Many people of New York wan- the aisle, to move this bill forward as We also think science and technology dered the streets, unable to find out rapidly as possible. experts from the Nation’s leading pri- anything about an injured or missing At this point, I ask unanimous con- vate sector companies have a role to loved one or even to register their sent that letters in support from sev- play before disaster strikes. Clearly, we names. Web sites, voice mail, and e- eral of the Nation’s leading technology need to respond more effectively when mail systems of relief organizations companies be printed in the RECORD. there is a disaster. But it is only com- filled up and crashed. There being no objection, the letters mon sense to utilize the talents and en- When emergency workers moved in, were ordered to be printed in the ergy of those in the private sector in a they told us they were hindered by the RECORD, as follows: preventive way as well, and that is also fact that their communications sys- INTEL CORPORATION, a key feature of our bipartisan legisla- tems could not work together. Coura- Santa Clara, CA, March 18, 2002. tion. geous emergency workers told our sub- Hon. RON WYDEN, Since September 11, thousands of ex- committee that communications Hart Senate Office Building, Washington, DC. perts and entrepreneurs have contacted breakdowns made their job more dif- DEAR SENATOR WYDEN: I write to express the Federal Government offering new ficult and more dangerous as well. our support for the ‘‘Science and Technology So for that reason, we would estab- Emergency Mobilization Act’’, your legisla- technologies. We would like to have tion—soon to be introduced—that would es- those evaluated. That evaluative kind lish a pilot program under which grants of $5 million each would be tablish a national emergency technology of effort can go forward as we employ a guard and a civilian homeland security eval- preventive kind of strategy for our available for seven pilot projects aimed uation center within NIST. This legislation leaders in the private sector and for at achieving interoperability of com- would provide a means for enhancing emer- purposes of making sure we accept and munications systems used by fire, law gency response and recovery of information evaluate and implement these ideas enforcement, and emergency prepared- technology infrastructure in the event of that are now flooding in from around ness and response agencies. major disasters such as the events on Sep- In simple English, what that is all tember 11 of last year. the country. A national strategy for ensuring the resil- We create a Center for Civilian about is making sure the police, fire, and health agencies can communicate iency of our IT infrastructure against at- Homeland Security Technology Eval- tacks and natural disasters is long overdue, uation. It is going to have two pur- with each other. It is probably as im- particularly as our country has become in- poses. It will serve as a national clear- portant as anything the Government creasingly dependent on the interconnected inghouse for security and emergency can do. But because in many instances digital network. We look forward to working response technologies, helping to there are overlapping authorities in with you on the details of this legislation in match companies with innovative tech- different systems, we are not making committee and on the floor as it moves to- ward enactment. nologies with the Government agencies that possible in our country. It in- volves a lot of complicated issues, Again, we applaud your leadership and for- that need them; it would provide a sin- many of which the occupant of the ward vision on the need for strengthening gle point of contact to which both com- chair and I have a chance to wrestle our information technology backbone. panies and Government agencies could Sincerely, with in the Commerce Committee. Cer- turn to have their technology pro- ANDREW S. GROVE, tainly spectrum or forum are a part of posals addressed. Chairman of the Board. What we have heard in our com- it. At a minimum, we ought to test out mittee—and I have been told as well in ORACLE CORPORATION, through the pilot projects in the bipar- Washington, DC, March 18, 2002. the Commerce Committee, and in other tisan bill we are introducing today Hon. RON WYDEN, forums—is that the private sector real- some ideas for making it easier for po- United States Senate, Washington, DC. ly doesn’t know where to turn. Should lice, fire, and health to communicate SENATOR WYDEN: I am writing to express they go to the Department of Health and save the lives of citizens, and cer- Oracle’s support for the ‘‘Science and Tech- nology Emergency Mobilization Act’’, your and Human Services? They have been tainly make their lives less dangerous interested in ideas from private sector proposed legislation that would establish a as well. national emergency technology guard, and a leaders. Should they go to the Depart- The Nation’s top technology compa- ment of Defense? They are interested ‘‘virtual technology reserve’’ consisting of a nies have been very involved in devel- database of private sector equipment and ex- as well. We establish a center for evalu- oping this effort, including Intel, pertise that emergency officials may call ating technologies, so there will be a Microsoft, America Online, and Oracle, upon in an emergency. This legislation central clearinghouse for companies to that have all expressed support for the would improve and enhance emergency re- know where to turn. legislation. All of them believe that sponse capabilities, particularly the recov- More particularly, the center will op- creating a high-technology reserve tal- ery of information technology infrastruc- erate a test bed to evaluate the ability ent bank—a talent bank that serves as ture, in the event of major disasters such as the events on September 11 of last year. of proposed technologies to satisfy a new force to confront a new threat— Government needs. This test bed will As you well know, this country has become and the other initiatives proposed in increasingly dependent on continued oper- work in conjunction with existing Fed- the Wyden-Allen bipartisan legislation ation of its vast information networks. That eral agencies and the national labora- make sense. I thank them and other is why a national strategy to ensure the re- tories. It is not meant to be a tech- leaders in the private sector for their siliency and continued operation of our in- nology gatekeeper, somehow having involvement. formation technology infrastructure against the Federal Government picking win- In drafting the legislation, I have attacks and national disasters is critical. Or- ners and losers, but it is designed to as- consulted with a number of leaders in acle looks forward to working with you on sist agencies that are now telling us the administration in the the details of your proposal as it moves they do not have the capability to through the legislative process. antiterrorism effort, including Direc- On behalf of Oracle, thank you for your evaluate these technologies on their tor Allbaugh; Richard Clarke, the leadership on issues important to maintain- own. This test bed is necessary, in my President’s Special Advisor for Cyber- ing our nation’s technology infrastructure. view, to keep new technologies from security; Commerce Secretary Donald Sincerely, slipping through the cracks. Evans; and John Marburger of the Of- ROBERT P. HOFFMAN, I don’t want to see American lives fice of Science and Technology Policy. Director. lost because the Federal Government To a person, they have been very re- could not find a way to accommodate sponsive and they have met us more MICROSOFT CORPORATION, fresh, new ideas from our leaders in the than halfway in terms of making their Washington, DC, March 19, 2002. technology and science area. Hon. RON WYDEN, own time and that of their staffs avail- United States Senator, Washington, DC. The legislation springs, as I have able. Senator ALLEN and I appreciate DEAR SENATOR WYDEN: We welcome the op- touched on, from firsthand accounts of their bipartisan commitment. portunity to comment on your legislation to what happened on September 11. Here I pledge tonight to continue to work create a reserve of technology and science in the Capital and in New York, the with them and, on a bipartisan basis, experts capable of responding to national
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2187 cyber emergencies. We applaud your ongoing forward to continuing to work with both THE U.S.S. SOUTH DAKOTA leadership on this and other key technology Congress and the Administration on matters matters in the United State Senate. relating to security and critical infrastruc- Mr. JOHNSON. Mr. President, I rise Microsoft is deeply engaged in security ture. today to submit a resolution honoring matters. Our Trustworthy Computing Initia- Sincerely, the 60th anniversary of the commis- tive, recently announced by Bill Gates, SUSAN A. BROPHY, sioning of the USS South Dakota. places a primary emphasis on security, pri- Senior Vice President, Domestic Public Policy, The USS South Dakota was the lead vacy and reliability across our products, AOL Time Warner. ship of a class of 35,000-ton battleships services and operations. and was officially commissioned on We agree with you that, in case of a na- f tional cyber emergency, the Federal Govern- March 20, 1942. Few ships in the history of the United States Navy have had ment should draw upon the brightest minds STATEMENTS ON SUBMITTED such a distinguished service record or in industry in its efforts to protect Federal RESOLUTIONS agencies and other critical entities. In fact, have been as integral to the defense of on September 11th our Chief Security Officer our Nation. The Resolution I am sub- was called to active military duty to support mitting today honors both the USS the government’s response to the attacks. He SENATE RESOLUTION 228—HON- South Dakota and her dedicated crew. recently left Microsoft to become the Vice ORING THE MEMORY OF THE The USS South Dakota served Chairman of the President’s Critical Infra- U.S.S. SOUTH DAKOTA AND ITS structure Protection Board. throughout World War II, and became We view your focus on a National Emer- WORLD WAR II CREW ON THE the most decorated American battle- gency Technology Guard, like our Trust- OCCASION OF THE 60TH ANNI- ship of the war having been awarded 13 worthy Computing Initiative, as a means to VERSARY OF THE COMMIS- battle stars. In addition, the South Da- strengthen America’s cybersecurity via bet- SIONING OF THE U.S.S. SOUTH kota became one of only four battle- ter trained personnel. DAKOTA ships to receive the Navy Unit Com- We thank you again for the opportunity to comment on this matter and commend you Mr. JOHNSON (for himself and Mr. mendation. once again for your ongoing leadership in cy- DASCHLE) submitted the following reso- While the South Dakota spent the bersecurity. lution; which was referred to the Com- majority of its service in World War II Sincerely, mittee on Armed Services: in the Pacific, it did serve in the Atlan- JACK KRUMHOLTZ, S. RES. 228 tic along with the British Home Fleet Director, Federal Government Affairs, from February to July 1943. However, Associated General Counsel. Whereas March 20, 2002, marks the 60th An- niversary of the commissioning of the U.S.S. no one can deny that the crew truly South Dakota; distinguished themselves in the Pacific AOL TIME WARNER, Washington, DC, March 19, 2002. Whereas the U.S.S. South Dakota and her Campaign. Very few of the battles crew served with distinction throughout Hon. RON WYDEN, fought in that theater of operation oc- World War II; Hon. GEORGE ALLEN, curred without the support of the USS United States Senate, Washington, DC. Whereas the U.S.S. South Dakota served in South Dakota. In fact, the South Da- DEAR SENATOR WYDEN AND SENATOR ALLEN: many of the major battles of the Pacific kota saw action at the battle for Gua- On behalf of AOL Time Warner, I would like Campaign, including the engagements in support of the battle for Guadalcanal, the dalcanal, the Battle of the Santa Cruz to express my appreciation for your efforts Islands, the invasions of the Gilbert Is- and leadership in the area of antiterrorism Battle of the Santa Cruz Islands, the inva- and disaster response, including the develop- sions of the Gilbert Islands and Marshall Is- lands and Marshall Islands, the Mari- ment of legislation to address this critical lands, the Marianas Campaign, the Battle of anas Campaign, the Battle of the Phil- issue. the Philippine Sea, the invasions of Leyte ippine Sea, the invasions of Leyte and September 11th forever changed the way and Luzon in the Philippines, the invasions Luzon in the Philippines, the invasions our country thinks about crisis response and of Iwo Jima and Okinawa, and attacks on of Iwo Jima and Okinawa, and attacks emergency management, and has made all of the home islands of Japan; on the home Islands of Japan. All told, us realize the importance of working to- Whereas, from February through August of 1943, the U.S.S. South Dakota operated in the USS South Dakota was credited gether as a team when disaster strikes. Like with sinking three enemy ships and so many other organizations and individuals the Atlantic Ocean, and served there with across the country and around the world, we the British Home Fleet; downing 64 enemy aircraft during the at AOL Time Warner watched with horror as Whereas the U.S.S. South Dakota and her war. the tragic events of that day unfolded—and crew became the most decorated American The proudest moment for the crew did what we could to contribute to the im- battleship of World War II, having been may have been when the South Dakota mediate needs of the emergency response awarded 13 battle stars; served as the flagship for Admiral personnel, from financial and humanitarian Whereas the U.S.S. South Dakota became Chester W. Nimitz during the surrender one of only four battleships to be awarded assistance to technical support. of Japan in Tokyo Bay on September 2, Since that time, we have participated in the Navy Unit Commendation; numerous discussions, including several on- Whereas Admiral Chester W. Nimitz used 1945. For the ship, its crew, and our Na- going initiatives led by the Administration, the U.S.S. South Dakota as his flagship for tion, this signalled the end of World about both how to prevent such a catas- the surrender of Japan in Tokyo Bay; War II and our complete victory over trophe in the future and how to mitigate the Whereas the U.S.S. South Dakota served as the forces of fascism. Following the effects of such a disaster should the unthink- the flagship for Admiral William F. Halsey surrender of Japan, the South Dakota able occur again. It is clear from these dis- on the return of the Navy’s Third Fleet to was the flagship for Admiral William cussions and from our experiences on that the United States after World War II ended; F. Halsey during the return of the fleet and day, that one of the most critical objectives to the United States. in formulating a disaster response strategy Whereas the memory of those who served is to ensure the functioning of our commu- and those who died on the vessel are honored On the 60th Anniversary of its com- nications infrastructure in the event of an at the U.S.S. South Dakota Memorial in missioning, I would like to take this emergency. Sioux Falls, South Dakota: Now, therefore, opportunity to thank the crew of the Your legislation, ‘‘The Science Technology be it USS South Dakota for their service to Emergency Mobilization Act,’’ recognizes Resolved, That the Senate— our Nation. Their contributions to the the important role played by volunteers— (1) remembers the service of the U.S.S. freedoms we enjoy today is a debt we like those from our company and countless South Dakota and its World War II crew on can never fully repay. I ask my col- and countless others across the nation—in the occasion of the 60th Anniversary of the providing technical assistance to enhance commissioning of the U.S.S. South Dakota; leagues to join with me in remem- communication in times of crisis, and cre- (2) commends the members of the World bering the USS South Dakota and hon- ates a mechanism for coordinating and de- War II crew of the U.S.S. South Dakota for oring the lasting legacy of her crew. ploying such assistance in a systematic fash- their dedicated service to the United States f ion during a national emergency. We believe during that war; that this type of voluntary partnership be- (3) pays solemn tribute to those who were SENATE RESOLUTION 229—CON- tween industry and government is vital to killed or wounded on the decks of the U.S.S. DEMNING THE INVOLVEMENT OF ensuring that disaster response and recovery South Dakota; and WOMEN IN SUICIDE BOMBINGS efforts are coordinated and effective. (4) honors the lasting legacy of the great We are grateful for your work on this issue fighting spirit of the U.S.S. South Dakota Mrs. BOXER (for herself, Ms. MIKUL- of such importance to our nation, and look and its crew. SKI, Mrs. FEINSTEIN, Mrs. MURRAY, Mrs.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2188 CONGRESSIONAL RECORD — SENATE March 20, 2002 HUTCHISON, Ms. SNOWE, Ms. COLLINS, COMMITTEE ON ENVIRONMENT AND PUBLIC Senate on Wednesday, March 20, 2002, Ms. LANDRIEU, Mrs. LINCOLN, Ms. CANT- WORKS at 2:30 p.m., in open session to receive WELL, Mrs. CARNAHAN, Mrs. CLINTON, Mr. FEINGOLD. Mr. President, I ask testimony on national security space and Ms. STABENOW) submitted the fol- unanimous consent that the Com- programs and strategic programs in re- lowing resolution; which was consid- mittee on Environment and Public view of the defense authorization re- ered and agreed to: Works be authorized to meet on quest for fiscal year 2003. Wednesday, March 20, 2002 at 9:30 a.m. S. RES. 229 Witnesses Whereas on October 24, 2001, the Senate ap- to conduct a hearing to receive testi- proved amendment No. 1941 to H.R. 2506 of mony on legislative initiatives that Panel 1: The Honorable E. C. ‘‘Pete’’ the One Hundred Seventh Congress express- would impose limits on the shipments Aldridge, Under Secretary of Defense ing the sense of the Senate that suicide of out-of-State municipal solid waste for Acquisition, Technology and Logis- bombings are a horrific form of terrorism and authorize State and local govern- tics; the Honorable Peter B. Teets, that must be universally condemned as ter- ments to exercise flow control. The Under Secretary of the Air Force and rorist acts; hearing will be held in SD–406. Director, National Reconnaissance Of- Whereas it has been reported that an influ- The PRESIDING OFFICER. Without fice; and General Ralph E. Eberhart, ential High Islamic Council has issued an USAF, Commander in Chief, United edict that women should join men as suicide objection, it is so ordered. bombers; COMMITTEE ON FINANCE States Space Command. Whereas the Al-Aqsa Martyrs Brigades, a Mr. FEINGOLD. Mr. President, I ask Panel 2: Admiral James O. Ellis, Jr., radical offshoot of the Fatah movement, has unanimous consent that the Com- USN, Commander in Chief, United announced that it has created a special unit mittee on Finance be authorized to States Strategic Command; Major Gen- for women suicide bombers; meet during the session of the Senate eral Franklin J. Blaisdell, USAF, Di- Whereas incidents, including a February rector, Nuclear and Counterprolifera- 27, 2002, suicide bombing that injured 3 peo- on Wednesday, March 20, 2002 at 10:00 a.m. to consider the nomination of tion, Office of the Deputy Chief of Staff ple and a January 27, 2002, suicide bombing for Air and Space Operations, United that killed 1 person and injured an estimated Randal K. Quarles to be Assistant Sec- 150 more, show an alarming trend in the use retary for International Affairs of the States Air Force; and Rear Admiral of women to carry out attacks terrorist U.S. Department of Treasury. Dennis M. Dwyer, USN, Director, Stra- against Israel; The PRESIDING OFFICER. Without tegic Systems Programs, United States Whereas troubling statements have been objection, it is so ordered. Navy. made suggesting that the involvement of The PRESIDING OFFICER. Without COMMITTEE ON VETERANS’ AFFAIRS women in carrying out suicide bombings will objection, it is so ordered. result in women achieving equal rights with Mr. FEINGOLD. Mr. President, I ask f men; unanimous consent that the Com- Whereas women throughout the world mittee on Veterans’ Affairs be author- PRIVILEGE OF THE FLOOR bravely serve in militaries that act in ac- ized to meet during the session of the Ms. LANDRIEU. Mr. President, I ask cordance with international law and custom; Senate on Wednesday, March 20, 2002, unanimous consent that Neil Naraine, and at 2:00 p.m., for a joint hearing with a fellow in my office, be granted the Whereas the involvement of women in car- the House of Representatives’ Com- rying out suicide bombings is contrary to privilege of the floor for the remainder the important role women must play in con- mittee on Veterans Affairs, to hear the of the debate on the energy bill. flict prevention and resolution: Now, there- legislative presentations of American The PRESIDING OFFICER. Without fore, be it Ex-Prisoners of War, the Vietnam Vet- objection, it is so ordered. Resolved, That the Senate— erans of America, the Retired Officers f (1) reaffirms the condemnation of all sui- Association, the National Association cide bombings as terrorist acts, made by the of State Directors of Veterans Affairs, EXECUTIVE SESSION Senate in Senate amendment No. 1941 to and AMVETS. The hearing will take H.R. 2506 of the One Hundred Seventh Con- place in room 345 of the Cannon House gress on October 24, 2001; NOMINATION DISCHARGED AND Office Building. (2) deplores those acts as contrary to the PLACED ON THE CALENDAR values and ideals of people everywhere; and The PRESIDING OFFICER. Without (3) calls on women of the world not to emu- objection, it is so ordered. Mr. REID. Mr. President, I ask unan- late a self-destructive, brutal, and mur- SELECT COMMITTEE ON INTELLIGENCE imous consent that the Senate proceed derous crime. Mr. FEINGOLD. Mr. President, I ask to executive session and that the Envi- f unanimous consent that the Select ronment and Public Works Committee Committee on Intelligence be author- be discharged from further consider- AUTHORITY FOR COMMITTEES TO ation of the nomination of J. Paul Gil- MEET ized to meet during the session of the Senate on Wednesday, March 20, 2002 at man, of Virginia, to be an Assistant COMMITTEE ON BANKING, HOUSING, AND URBAN 2:30 p.m. to hold a closed hearing on in- Administrator of the Environmental AFFAIRS telligence matters. Protection Agency, and that the nomi- Mr. FEINGOLD. Mr. President, I ask The PRESIDING OFFICER. Without nation be placed on the Executive Cal- unanimous consent that the Com- objection, it is so ordered. endar. mittee on Banking, Housing, and The ACTING PRESIDENT pro tem- Urban Affairs be authorized to meet SUBCOMMITTEE ON PERSONNEL pore. Without objection, it is so or- during the session of the Senate on Mr. FEINGOLD. Mr. President, I ask dered. unanimous consent that the Sub- Wednesday, March 20, 2002, at 10 a.m. to f conduct an oversight hearing on ‘‘Ac- committee on Personnel of the Com- counting and Investor Protection mittee on Armed Services be author- EXECUTIVE CALENDAR Issues Raised by Enron and Other Pub- ized to meet during the session of the Mr. REID. Mr. President, I ask unan- lic Companies.’’ Senate on Wednesday, March 20, 2002, imous consent that the Senate proceed The PRESIDING OFFICER. Without at 9:30 a.m., in open session to receive to the consideration of the following objection, it is so ordered. testimony on recruiting and retention nominations: Calendar Nos. 730 COMMITTEE ON COMMERCE, SCIENCE, AND in the military services in review of through 736, and the nominations on TRANSPORTATION the defense authorization request for the Secretary’s desk under Foreign Mr. FEINGOLD. Mr. President, I ask fiscal year 2003. Service; that the nominations be con- unanimous consent that the Com- The PRESIDING OFFICER. Without firmed; that the motions to reconsider mittee on Commerce, Science, and objection, it is so ordered. be laid upon the table; that any state- Transportation be authorized to meet SUBCOMMITTEE ON STRATEGIC ments relating to the nominations be on Wednesday, March 20, 2002, at 9:30 Mr. FEINGOLD. Mr. President, I ask printed in the RECORD; that the Presi- a.m. on competition in the local tele- unanimous consent that the Sub- dent be immediately notified of the communications marketplace. committee on Strategic of the Com- Senate’s action; and that the Senate The PRESIDING OFFICER. Without mittee on Armed Services be author- return to legislative session without objection, it is so ordered. ized to meet during the session of the any intervening action or debate.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2189 The ACTING PRESIDENT pro tem- Mr. REID. I now ask for its second The assistant legislative clerk read pore. Without objection, it is so or- reading and object to my own request. as follows: dered. The ACTING PRESIDENT pro tem- A resolution (S. Res. 205) urging the Gov- The nominations considered and con- pore. Objection is heard. ernment of Ukraine to ensure a democratic, firmed are as follows: f transparent, and fair election process leading up to the March 31, 2002 parliamentary elec- DEPARTMENT OF STATE EXTENDING PERIOD OF UNEM- tions. James W. Pardew, of Arkansas, to be Am- PLOYMENT ASSISTANCE FOR There being no objection, the Senate bassador Extraordinary and Plenipotentiary VICTIMS OF TERRORIST AT- of the United States of America to the Re- proceeded to consider the resolution. public of Bulgaria. TACKS OF SEPTEMBER 11, 2001 Mr. REID. I ask unanimous consent Richard Monroe Miles, of South Carolina, a Mr. REID. Mr. President, I ask unan- that the resolution and preamble be Career Member of the Senior Foreign Serv- imous consent that the Senate proceed agreed to en bloc, the motion to recon- ice, Class of Minister-Counselor, to be Am- to H.R. 3986. sider be laid upon the table, and any bassador Extraordinary and Plenipotentiary The ACTING PRESIDENT pro tem- statements be printed in the RECORD. of the United States of America to Georgia. pore. The clerk will report the bill by The ACTING PRESIDENT pro tem- Peter Terpeluk, Jr., of Pennsylvania to be pore. Without objection, it is so or- Ambassador Extraordinary and Pleni- title. The senior assistant bill clerk read as dered. potentiary of the United States of America The resolution (S. Res. 205) was to Luxembourg. follows: Lawrence E. Butler, of Maine, a Career A bill (H.R. 3986) to extend the period of agreed to. Member of the Senior Foreign Service, Class availability of unemployment assistance The preamble was agreed to. of Counselor, to be Ambassador Extraor- under the Robert T. Stafford Disaster Relief The resolution, with its preamble, dinary and Plenipotentiary of the United and Emergency Assistance Act in the case of reads as follows: States of America to The Former Yugoslav victims of the terrorist attacks of September S. RES. 205 Republic of Macedonia. 11, 2001. Whereas Ukraine stands at a critical point Robert Patrick John Finn, of New York, a There being no objection, the Senate in its development to a fully democratic so- Career Member of the Senior Foreign Serv- proceeded to consider the bill. ciety, and the parliamentary elections on ice, Class of Counselor, to be Ambassador Ex- Mr. REID. I ask unanimous consent March 31, 2002, its third parliamentary elec- traordinary and Plenipotentiary of the tions since becoming independent more than United States of America to Afghanistan. that the bill be read three times and passed, the motion to reconsider be 10 years ago, will play a significant role in INTERNATIONAL BANK FOR RECONSTRUCTION demonstrating whether Ukraine continues to AND DEVELOPMENT laid upon the table, and any state- proceed on the path to democracy or experi- ments related thereto be printed in the Robert B. Holland, III, of Texas, to be ences further setbacks in its democratic de- United States Alternate Executive Director RECORD. velopment; of the International Bank For Reconstruc- The ACTING PRESIDENT pro tem- Whereas the Government of Ukraine can tion and Development for a term of two pore. Without objection, it is so or- demonstrate its commitment to democracy years. dered. by conducting a genuinely free and fair par- liamentary election process, in which all UNITED STATES AGENCY FOR INTERNATIONAL The bill (H.R. 3986) was read the third candidates have access to news outlets in the DEVELOPMENT time and passed. print, radio, television, and Internet media, Emmy B. Simmons, of the District of Co- f and nationally televised debates are held, lumbia, to be an Assistant Administrator of CONDEMNING INVOLVEMENT OF thus enabling the various political parties the United States Agency for International WOMEN IN SUICIDE BOMBINGS and election blocs to compete on a level Development. (New Position) playing field and the voters to acquire objec- NOMINATIONS PLACED ON THE SECRETARY’S Mr. REID. Mr. President, I ask unan- tive information about the candidates; DESK imous consent that the Senate proceed Whereas a flawed election process, which FOREIGN SERVICE to S. Res. 229, submitted earlier by contravenes commitments of the Organiza- tion for Security and Cooperation in Europe PN1310 Foreign Service nominations (3) be- Senator BOXER and others. (OSCE) on democracy and the conduct of ginning Jeffrey Davidow, and ending George The ACTING PRESIDENT pro tem- elections, could potentially slow Ukraine’s E. Moose, which nominations were received pore. The clerk will report the resolu- efforts to integrate into western institu- by the Senate and appeared in the Congres- tion by title. tions; sional Record of December 20, 2001. The assistant legislative clerk read Whereas in recent years, government cor- PN1311 Foreign Service nominations (95) as follows: ruption and harassment of the media have beginning Gustavio Alberto Mejia, and end- A resolution (S. Res. 229) condemning the raised concerns about the commitment of ing Joseph E. Zadrozny, Jr., which nomina- involvement of women in suicide bombings. the Government of Ukraine to democracy, tions were received by the Senate and ap- human rights, and the rule of law, while call- peared in the Congressional Record of De- There being no objection, the Senate ing into question the ability of that govern- cember 20, 2001. proceeded to consider the resolution. Mr. REID. I ask unanimous consent ment to conduct free and fair elections; f Whereas Ukraine, since its independence in that the resolution and preamble be LEGISLATIVE SESSION 1991, has been one of the largest recipients of agreed to en bloc, the motion to recon- United States foreign assistance; The ACTING PRESIDENT pro tem- sider be laid upon the table, with no in- Whereas $154,000,000 in technical assistance pore. Under the previous order, the tervening action or debate. to Ukraine was provided under Public Law Senate will now return to legislative The ACTING PRESIDENT pro tem- 107–115 (the Kenneth M. Ludden Foreign Op- session. pore. Without objection, it is so or- erations, Export Financing, and Related Pro- grams Appropriations Act, Fiscal Year 2002), f dered. The resolution (S. Res. 229) was a $16,000,000 reduction in funding from the MEASURE READ THE FIRST agreed to. previous fiscal year due to concerns about TIME—H.R. 2804 continuing setbacks to needed reform and The preamble was agreed to. the unresolved deaths of prominent dis- Mr. REID. Mr. President, it is my un- (The text of the resolution, with its sidents and journalists; derstanding that H.R. 2804, which was preamble, is printed in today’s RECORD Whereas Public Law 107–115 requires a re- just received from the House, is at the under ‘‘Statements on Submitted Reso- port by the Department of State on the desk. I ask for its first reading. lutions.’’) progress by the Government of Ukraine in The ACTING PRESIDENT pro tem- f investigating and bringing to justice individ- uals responsible for the murders of Ukrain- pore. The clerk will report the bill by URGING FAIR ELECTION PROCESS title. ian journalists; IN UKRAINE Whereas the disappearance and murder of The assistant legislative clerk read Mr. REID. I ask unanimous consent journalist Heorhiy Gongadze on September as follows: 16, 2000, remains unresolved; A bill (H.R. 2804) to designate the United that the Senate proceed to Calendar Whereas the presidential election of 1999, States courthouse located at 95 Seventh No. 328, S. Res. 205. according to the final report of the Office of Street in San Francisco, California, as The ACTING PRESIDENT pro tem- Democratic Institutions and Human Rights James R. Browning United States Court- pore. The clerk will report the resolu- (ODIHR) of OSCE on that election, was house. tion by title. marred by violations of Ukrainian election
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2190 CONGRESSIONAL RECORD — SENATE March 20, 2002 law and failed to meet a significant number (B) access for international election ob- arbitrarily detain, torture, extrajudicially of commitments on democracy and the con- servers; execute, extort, rape, and forcibly disappear duct of elections included in the OSCE 1990 (C) multiparty representation on election people in Chechnya; Copenhagen Document; commissions; Whereas credible human rights groups Whereas during the 1999 presidential elec- (D) equal access to the media for all elec- within the Russian Federation and abroad tion campaign, a heavy proincumbent bias tion participants; report that Russian authorities have failed was prevalent among the state-owned media (E) an appeals process for electoral com- to launch thorough investigations into these outlets, members of the media viewed as not missions and within the court system; and abuses and have taken no significant steps in support of the president were subject to (F) administrative penalties for election toward ensuring that its high command has harassment by government authorities, and violations; taken all necessary measures to prevent proincumbent campaigning by state admin- (4) urges the Government of Ukraine to abuse; istration and public officials was widespread meet its commitments on democratic elec- Whereas there are credible reports of spe- and systematic; tions, as delineated in the 1990 Copenhagen cific abuses by Russian soldiers in Chechnya, Whereas the Law on Elections of People’s Document of the Organization for Security including in Alkhan-Yurt in 1999; Deputies of Ukraine, signed by President and Cooperation in Europe (OSCE), with re- Staropromysloviski and Aldi in 2000; Alkhan- Leonid Kuchma on October 30, 2001, was cited spect to the campaign period and election Kala, Assinovskaia, and Sernovodsk in 2001; in a report of the ODIHR dated November 26, day, and to address issues identified by the 2001, as making improvements in Ukraine’s and Tsotsin-Yurt and Argun in 2002; Office of Democratic Institutions and Human Whereas the Government of the Russian electoral code and providing safeguards to Rights (ODIHR) of OSCE in its final report Federation has cracked down on independent meet Ukraine’s commitments on democratic on the 1999 presidential election, such as media and threatened to revoke the license elections, although the Law on Elections re- state interference in the campaign and pres- of RFE/RL, Incorporated, further limiting mains flawed in a number of important re- sure on the media; and the ability to ascertain the extent of the cri- spects, notably by not including a role for (5) calls upon the Government of Ukraine sis in Chechnya; domestic nongovernmental organizations to to allow election monitors from the ODIHR, monitor elections; other participating states of OSCE, and pri- Whereas Chechen rebel forces are believed Whereas according to international media vate institutions and organizations, both for- responsible for the assassinations of Chechen experts, the Law on Elections defines the eign and domestic, full access to all aspects civil servants who cooperate with the Gov- conduct of an election campaign in an am- of the parliamentary election process, in- ernment of the Russian Federation, and the biguous manner and could lead to arbitrary cluding— Chechen government of Aslan Maskhadov sanctions against media operating in (A) access to political events attended by has failed unequivocally to condemn these Ukraine; the public during the campaign period; and other human rights abuses or to distance Whereas the Ukrainian Parliament (B) access to voting and counting proce- itself from persons in Chechnya allegedly as- (Verkhovna Rada) on December 13, 2001, re- dures at polling stations and electoral com- sociated with such forces; and jected a draft Law on Political Advertising mission meetings on election day, including Whereas the Department of State officially and Agitation, which would have limited free procedures to release election results on a recognizes the grievous human rights abuses speech in the campaign period by giving too precinct by precinct basis as they become in Chechnya and the need to develop and im- many discretionary powers to government available; and plement a durable political solution: Now, bodies, and posed a serious threat to the (C) access to postelection tabulation of re- therefore, be it independent media; sults and processing of election challenges Resolved, That it is the sense of the Senate Whereas the Department of State has dedi- and complaints. cated $4,700,000 in support of monitoring and that— f assistance programs for the 2002 parliamen- (1) the war on terrorism does not excuse, tary elections; CONDEMNING HUMAN RIGHTS and is ultimately undermined by, abuses by Whereas the process for the 2002 parliamen- VIOLATIONS IN CHECHNYA Russian security forces against the civilian tary elections has reportedly been affected population in Chechnya; by apparent violations during the period Mr. REID. I ask unanimous consent (2) the Government of the Russian Federa- prior to the official start of the election the Senate proceed to Calendar No. 329, tion and the elected leadership of the campaign on January 1, 2002; and S. Res. 213. Chechen government, including President Whereas monthly reports for November The ACTING PRESIDENT pro tem- Aslan Maskhadov, should immediately seek and December of 2001 released by the Com- pore. The clerk will report the resolu- a negotiated settlement to the conflict mittee on Voters of Ukraine (CVU), an indig- tion by title. there; enous, nonpartisan, nongovernment organi- The assistant legislative clerk read (3) the President of the Russian Federation should— zation that was established in 1994 to mon- as follows: itor the conduct of national election cam- (A) act immediately to end and to inves- paigns and balloting in Ukraine, cited five A resolution (S. Res. 213) condemning tigate human rights violations by Russian major types of violations of political rights human rights violations in Chechnya and soldiers in Chechnya, and to initiate, where and freedoms during the precampaign phase urging a political solution to the conflict. appropriate, prosecutions against those ac- of the parliamentary elections, including— There being no objection, the Senate cused; (1) use of government position to support proceeded to consider the resolution. (B) provide secure and unimpeded access particular political groups; Mr. REID. I ask unanimous consent into and around Chechnya by international (2) government pressure on the opposition that the resolution and preamble be monitors and humanitarian organizations to and on the independent media; report on the situation, investigate alleged (3) free goods and services given in order to agreed to en bloc, that the amend- atrocities, and distribute assistance; and sway voters; ments to the preamble be agreed to, (4) coercion to join political parties and (C) ensure that refugees and displaced per- the preamble as amended be agreed to, sons in the North Caucasus are registered in pressure to contribute to election cam- the motion to reconsider be laid upon paigns; and accordance with Russian and international (5) distribution of anonymous and compro- the table, and any statements therein law, receive adequate assistance, and are not mising information about political oppo- be printed in the RECORD. forced against their will to return to nents: The ACTING PRESIDENT pro tem- Chechnya; and Now, therefore, be it pore. Without objection, it is so or- (4) the President of the United States Resolved, That the Senate— dered. should— (1) acknowledges the strong relationship The amendments to the preamble (A) ensure that no security forces or intel- between the United States and Ukraine since were agreed to. ligence units that are the recipients of United States assistance or participants in Ukraine’s independence more than 10 years The resolution (S. Res. 213) was joint operations, exchanges, or training with ago, while understanding that Ukraine can agreed to, as follows: only become a full partner in western insti- United States or NATO forces, are impli- tutions when it fully embraces democratic S. RES. 213 cated in abuses; principles; Whereas the United States Department of (B) seek specific information from the Gov- (2) expresses its support for the efforts of State Country Reports on Human Rights for ernment of the Russian Federation on inves- the Ukrainian people to promote democracy, 2001 reports that the ‘‘indiscriminate use of tigations of reported human rights abuses in the rule of law, and respect for human rights force by [Russian] government troops in the Chechnya and prosecutions against those in- in Ukraine; Chechen conflict resulted in widespread ci- dividuals accused of those abuses; (3) urges the Government of Ukraine to en- vilian casualties and the displacement of (C) promote peace negotiations between force impartially the new election law, in- hundreds of thousands of persons’’; the Government of the Russian Federation cluding provisions calling for— Whereas the United States Department of and the elected leadership of the Chechen (A) the transparency of election proce- State Country Reports on Human Rights for government, including Aslan Maskhadov; dures; 2001 reports that Russian forces continue to and
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 20, 2002 CONGRESSIONAL RECORD — SENATE S2191 (D) re-examine the status of Chechen refu- MERRITT T. COOKE, OF PENNSYLVANIA JOHN MICHAEL FRANCIS GRONDELSKI, OF NEW JERSEY DAVID W. FULTON, OF VIRGINIA THOMAS J. GRUBISHA, OF PENNSYLVANIA gees, especially widows and orphans, includ- JOHN A. HARRIS, OF TEXAS HEATHER GUIMOND, OF THE DISTRICT OF COLUMBIA ing consideration of the possible resettle- CHARLES KESTENBAUM, OF VIRGINIA JENNIFER ANN HARHIGH, OF PENNSYLVANIA ment of such refugees in the United States. EDWARD P. HEARTNEY, OF CALIFORNIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE AARON M. HELLMAN, OF CALIFORNIA f SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- PATRICIA LYNN HOFFMAN, OF PENNSYLVANIA RICULTURE FOR PROMOTION WITHIN THE SENIOR FOR- KURT J. HOYER, OF CALIFORNIA ORDERS FOR THURSDAY, MARCH EIGN SERVICE TO THE CLASS INDICATED: ROGER KENNA, OF VERMONT CAREER MEMBER OF THE SENIOR FOREIGN SERVICE JASON NEIL LAWRENCE, OF CALIFORNIA 21, 2002 OF THE UNITED STATES OF AMERICA, CLASS OF CAREER HEATHER CHRISTINE LIPPITT, OF ILLINOIS MINISTER: HENRY MARTIN MCDOWELL IV, OF ALABAMA Mr. REID. I ask unanimous consent SUZANNE K. HALE, OF VIRGINIA KEVIN DAVID MCGLOTHLIN, OF FLORIDA that when the Senate completes its JOSEF E. MERRILL, OF CALIFORNIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE IRENEO BONG TAN MIQUIABAS III, OF OHIO business today, it adjourn until the OF THE UNITED STATES OF AMERICA, CLASS OF MIN- ANDREW BENJAMIN MITCHELL, OF TEXAS hour of 9:45 a.m., Thursday, March 21; ISTER-COUNSELOR: ERIN STROTHER MURRAY, OF WEST VIRGINIA BRIAN THOMAS NEUBERT, OF NEW YORK that following the prayer and the NORVAL E. FRANCIS JR., OF VIRGINIA ALAIN G. NORMAN, OF MARYLAND pledge, the Journal of proceedings be LARRY M. SENGER, OF WASHINGTON MARIA DE GUADALUPE OLSON, OF ILLINOIS THE FOLLOWING-NAMED CAREER MEMBERS OF THE BENJAMIN RALPH OUSLEY, OF NORTH CAROLINA approved to date, the morning hour be FOREIGN SERVICE OF THE DEPARTMENT OF AGRI- LAWRENCE JAMES PETRONI, OF NEW YORK deemed expired, the time for the two CULTURE FOR PROMOTION INTO THE SENIOR FOREIGN PAUL EVANS POLETES, OF SOUTH DAKOTA SERVICE TO THE CLASS INDICATED: ELIZABETH C. POWER, OF TEXAS leaders be reserved for their use later CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ALAN SENET PURCELL, OF KENTUCKY in the day, and the Senate resume con- OF THE UNITED STATES OF AMERICA, CLASS OF COUN- JEFFREY KIMBALL RENEAU II, OF NEW HAMPSHIRE SELOR: JOHN CARTER ROBERTSON, OF TEXAS sideration of the energy reform bill. MATTHEW P. ROTH, OF KANSAS The ACTING PRESIDENT pro tem- DANIEL K. BERMAN, OF CALIFORNIA JEFFERY ALBERT SALAIZ, OF TEXAS GARY C. GROVES, OF VIRGINIA JOSEPH E. SALAZAR, OF TEXAS pore. Without objection, it is so or- DEBRA D. HENKE, OF VIRGINIA AARON HESS SHERINIAN, OF CALIFORNIA dered. MAURICE W. HOUSE, OF OKLAHOMA ANNE R. SORENSEN, OF NEW YORK MARY PAULINE STICKLES, OF MARYLAND f THE FOLLOWING-NAMED PERSONS OF THE AGENCIES JENNIFER D. SUBLETT, OF MISSOURI INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- CHRISTINA LOUISE TOMLINSON, OF VIRGINIA PROGRAM FICERS OF THE CLASS STATED, AND ALSO FOR THE REBECCA J. VARNER, OF MAINE OTHER APPOINTMENTS INDICATED HEREWITH: STEPHEN SPENCER WHEELER, OF CALIFORNIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF ERIC MARSHALL WONG, OF CALIFORNIA Mr. REID. Mr. President, the Senate CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE will vote in relation to the Kyl amend- DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN ICA: SERVICE OF THE DEPARTMENT OF STATE TO BE CON- ment shortly after we convene tomor- SULAR OFFICERS AND/OR SECRETARIES IN THE DIPLO- AGENCY FOR INTERNATIONAL DEVELOPMENT row morning. MATIC SERVICE OF THE UNITED STATES OF AMERICA, AS GARY V. KINNEY, OF VIRGINIA INDICATED: f PAULINE G. JOHNSON, OF MARYLAND CONSULAR OFFICERS AND SECRETARIES IN THE DIP- LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: ADJOURNMENT UNTIL 9:45 A.M. FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF CLASS TWO, CONSULAR OFFICER AND SECRETARY IN SAMUEL E. ADAMS, OF VIRGINIA TOMORROW THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JASON M. ANDERSON, OF VIRGINIA AMERICA: MARLENE C. ANDERSON, OF NEW MEXICO Mr. REID. If there is no further busi- HEIDI F. APPLEGATE, OF VIRGINIA AGENCY FOR INTERNATIONAL DEVELOPMENT ANDREW BAUMERT, OF VIRGINIA ness to come before the Senate, I ask JEFFREY AARON BEALS, OF NEW YORK unanimous consent the Senate stand in CAROLYN ROSE BLEDSOE, OF VIRGINIA DAVID J. BENNER, OF VIRGINIA KARL FICKENSCHER, OF MARYLAND JANET L. BERN, OF VIRGINIA adjournment under the previous order. MICHELLE ALLISON GODETTE, OF FLORIDA VINCENT M. BROWN, OF VIRGINIA There being no objection, the Senate, JOAKIM ERIK PARKER, OF CALIFORNIA ALLEN J. BURNETT, OF VIRGINIA DEPARTMENT OF COMMERCE DAVID A. CARMAN, OF VIRGINIA at 7:17 p.m., adjourned until Thursday, S. MICHAEL CAVENDISH, OF VIRGINIA March 21, at 9:45 a.m. LAURIE A. FARRIS, OF VIRGINIA MARA CLEARY, OF VIRGINIA SARAH ELIZABETH KEMP, OF WASHINGTON AMY E. CONLEY, OF VIRGINIA f PATRICK T. WALL, OF ALABAMA TIMOTHY EVAN COOPER, OF VIRGINIA DAVID B. COPE, OF THE DISTRICT OF COLUMBIA NOMINATIONS DEPARTMENT OF STATE WILLIAM A. COSTANZA, OF VIRGINIA TIMOTHY M. STATER, OF VIRGINIA STEVEN J. CRONIN, OF THE DISTRICT OF COLUMBIA Executive nominations received by TERESA WILKIN, OF THE DISTRICT OF COLUMBIA GERARD A. DENION, OF VIRGINIA BRYAN MICHAEL DEWITT, OF VIRGINIA the Senate March 20, 2002: FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF DAVID A. DISTEFANO, OF VIRGINIA EXECUTIVE OFFICE OF THE PRESIDENT CLASS THREE, CONSULAR OFFICER AND SECRETARY IN GARY WAYNE DODSON, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF TERRY DEAN DUNCAN, OF MICHIGAN KATHIE L. OLSEN, OF OREGON, TO BE AN ASSOCIATE AMERICA: MICHAEL B. DYE, OF OREGON DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- BRENDAN H. ENGLEHART, OF VIRGINIA NOLOGY POLICY, VICE KERRI-ANN JONES. AGENCY FOR INTERNATIONAL DEVELOPMENT MIRIAM E. FAUGHNAN, OF THE DISTRICT OF COLUMBIA BORIS L. FERRELL, OF VIRGINIA DEPARTMENT OF LABOR LYNN KRUEGER ADRIAN, OF FLORIDA HEATHER ARMSTRONG, OF PENNSYLVANIA ANNE C. FICHTER, OF VIRGINIA KATHLEEN M. HARRINGTON, OF THE DISTRICT OF CO- CAROLYN BYRD BRYAN, OF VIRGINIA MELISSA A. FRITTS, OF WEST VIRGINIA LUMBIA, TO BE AN ASSISTANT SECRETARY OF LABOR, MICHAEL CAREY BURKLY, OF CALIFORNIA ROBERT GAHNBERG, OF VIRGINIA VICE SUSAN ROBINSON KING. SHERRY F. CARLIN, OF FLORIDA KEITH E. GAINEY JR., OF VIRGINIA CAROLINE F. CONNOLLY, OF MASSACHUSETTS SUSAN M. GUTHRIE, OF VIRGINIA NATIONAL FOUNDATION ON THE ARTS AND THE FERNANDO COSSICH, OF FLORIDA ROBERT J. HAYES JR., OF VIRGINIA HUMANITIES MARCUS A. JOHNSON JR., OF VIRGINIA CHRISTOPHER C. HOCH, OF MARYLAND KATHARINE JOANNA KREIS, OF CONNECTICUT KIMBERLY CELESTE JEMISON, OF VIRGINIA THOMAS MALLON, OF CONNECTICUT, TO BE A MEMBER CATHERINE A. MALLAY, OF VIRGINIA JOAN E. KANE, OF CALIFORNIA OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A JED DOUGLAS MELINE, OF NEW YORK DANIEL J. KASHAWLIC, OF VIRGINIA TERM EXPIRING JANUARY 26, 2004, VICE DONALD L. BETHANNE MOSKOV, OF NEW YORK GLENN V. KAYLOR, OF VIRGINIA FIXICO. ANN B. POSNER, OF SOUTH DAKOTA CINDY S. KIM, OF VIRGINIA JI YOUNG ELIZABETH KIM, OF THE DISTRICT OF COLUM- AFRICAN DEVELOPMENT FOUNDATION HARRY GEORGE PROCTOR, OF VIRGINIA MICHAEL SAMPSON, OF WASHINGTON BIA WALTER H. KANSTEINER, ASSISTANT SECRETARY OF ANNE L. TERIO, OF VIRGINIA SAMUEL L. KING, OF VIRGINIA STATE (AFRICAN AFFAIRS), TO BE A MEMBER OF THE HOWARD JON MADNICK, OF VIRGINIA BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT DEPARTMENT OF COMMERCE JAMES D. MANOWN, OF VIRGINIA FOUNDATION FOR A TERM EXPIRING SEPTEMBER 27, 2003, CARA MARTIN-CRUMPLER, OF VIRGINIA TYRENA LAVETTE HOLLEY, OF THE DISTRICT OF COLUM- DEBORAH M. MASTERS, OF VIRGINIA VICE GEORGE EDWARD MOOSE, TERM EXPIRED. BIA CLAUDE A. ALLEN, DEPUTY SECRETARY OF HEALTH KIMBERLY MCCULLOCH, OF MARYLAND VIRGINIA KRIVIS, OF FLORIDA COLLEEN M. MCGRATH, OF VIRGINIA AND HUMAN SERVICES, TO BE A MEMBER OF THE BOARD JOHN S. LARKIN II, OF TEXAS OF DIRECTORS OF THE AFRICAN DEVELOPMENT FOUN- STEPHAN B. MERCIER, OF THE DISTRICT OF COLUMBIA DATION FOR A TERM EXPIRING SEPTEMBER 22, 2003, VICE DEPARTMENT OF STATE BARBARA L. MERCKER, OF VIRGINIA JOHN F. HICKS, SR., TERM EXPIRED. DEBRA L. MOSBACHER, OF ARIZONA RAMIN ASGARD, OF NEW JERSEY CYNTHIA G. MOSS, OF VIRGINIA FOREIGN SERVICE ANNE-MARIE CASELLA, OF NEW YORK RICHARD PAUL PERISTERE, OF VIRGINIA NAOMI CATHERINE FELLOWS, OF CALIFORNIA MARC ELIAS POLYMEROPOULOS, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE WILLIAM A. MARJENHOFF, OF VIRGINIA MIRIAM RAMOS, OF VIRGINIA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF KAREN L. OGLE, OF MICHIGAN LEONARD RICHARDSON, OF VIRGINIA COMMERCE FOR PROMOTION WITHIN THE SENIOR FOR- MARTHA RODRIGUEZ-ZABEL, OF VIRGINIA EIGN SERVICE TO THE CLASS INDICATED: FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF KEVIN RUPP, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN MATTHEW L. SALVETTI, OF THE DISTRICT OF COLUMBIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CATHERINE A. SHANKS, OF VIRGINIA ISTER-COUNSELOR: AMERICA: PAUL RAYMOND SHAYA, OF VIRGINIA STEPHAN WASYLKO, OF NEW YORK DEPARTMENT OF STATE JAMES E. STEJSKAL, OF VIRGINIA KEVIN G. THOMAS, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE JENNIFER L. BACHUS, OF KANSAS TIMOTHY ANDREW TRAX, OF VIRGINIA FOREIGN SERVICE OF THE DEPARTMENT OF COMMERCE HUNTER HUIE CASHDOLLAR, OF TENNESSEE WILLIAM J. TUTTLE, OF VIRGINIA FOR PROMOTION INTO THE SENIOR FOREIGN SERVICE TO ROBERT E. COPLEY, OF COLORADO LAUREN G. TWINAM, OF VIRGINIA THE CLASS INDICATED: JESSE STARR CURTIS, OF ARIZONA AMANDA GERARD WALLIS, OF VIRGINIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ALEXANDER N. DANIELS, OF CALIFORNIA GREGORY DONALD WELLS, OF THE DISTRICT OF COLUM- OF THE UNITED STATES OF AMERICA, CLASS OF COUN- ADRIENNE MARIE GALANEK, OF NEW YORK BIA SELOR: JAMES GARRY, OF THE DISTRICT OF COLUMBIA KENNETH J. WILKINSON, OF VIRGINIA
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 9801 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2192 CONGRESSIONAL RECORD — SENATE March 20, 2002
ZACHARY M. WYATT, OF THE DISTRICT OF COLUMBIA IN THE ARMY THE UNITED STATES OF AMERICA TO THE REPUBLIC OF EDWARD W. YASKO, OF VIRGINIA BULGARIA. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RICHARD MONROE MILES, OF SOUTH CAROLINA, A CA- SECRETARY IN THE DIPLOMATIC SERVICE OF THE TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNITED STATES OF AMERICA: REER MEMBER OF THE SENIOR FOREIGN SERVICE, NURSE CORPS AND FOR REGULAR APPOINTMENT UNDER CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR DEPARTMENT OF STATE TITLE 10, U.S.C., SECTIONS 531 AND 624: EXTRAORDINARY AND PLENIPOTENTIARY OF THE CLIFTON MCCLURE JOHNSON, OF THE DISTRICT OF CO- To be colonel UNITED STATES OF AMERICA TO GEORGIA. PETER TERPELUK, JR., OF PENNSYLVANIA, TO BE AM- LUMBIA MARY B. BEDELL, 0000 BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE FOLLOWING-NAMED CAREER MEMBER OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE UNITED STATES OF AMERICA TO LUXEMBOURG. FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL TO THE GRADE INDICATED IN THE UNITED STATES ARMY LAWRENCE E. BUTLER, OF MAINE, A CAREER MEMBER DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- EIGN SERVICE TO THE CLASS INDICATED: U.S.C., SECTION 624: SELOR, TO BE AMBASSADOR EXTRAORDINARY AND CAREER MEMBER OF THE SENIOR FOREIGN SERVICE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- To be colonel SELOR: TO THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA. RODNEY E. HUDSON, 0000 JA ROBERT PATRICK JOHN FINN, OF NEW YORK, A CAREER AGENCY FOR INTERNATIONAL DEVELOPMENT MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES E. STEPHENSON, OF FLORIDA TO THE GRADE INDICATED IN THE UNITED STATES ARMY COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MEDICAL CORPS AND FOR REGULAR APPOINTMENT PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DEPARTMENT OF DEFENSE UNDER TITLE 10, U.S.C., SECTIONS 531 AND 624: TO AFGHANISTAN. CHARLES S. ABELL, OF VIRGINIA, TO BE DEPUTY To be colonel UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND INTERNATIONAL BANK FOR RECONSTRUCTION READINESS. (NEW POSITION) JAMES R. UHL, 0000 AND DEVELOPMENT
IN THE MARINE CORPS IN THE NAVY ROBERT B. HOLLAND, III, OF TEXAS, TO BE UNITED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STATES ALTERNATE EXECUTIVE DIRECTOR OF THE IN THE UNITED STATES MARINE CORPS TO THE GRADE TO THE GRADE INDICATED IN THE UNITED STATES NAVY INTERNATIONAL BANK FOR RECONSTRUCTION AND DE- INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- UNDER TITLE 10, U.S.C., SECTION 624: VELOPMENT FOR A TERM OF TWO YEARS. TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., To be lieutenant commander SECTION 601: UNITED STATES AGENCY FOR INTERNATIONAL To be lieutenant general LAWRENCE J. HOLLOWAY, 0000 DEVELOPMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MAJ. GEN. RICHARD L. KELLY, 0000 EMMY B. SIMMONS, OF THE DISTRICT OF COLUMBIA, TO TO THE GRADE INDICATED IN THE UNITED STATES NAVY BE AN ASSISTANT ADMINISTRATOR OF THE UNITED IN THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE GRADE INDICATED IN THE UNITED STATES AIR TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- ERIC DAVIS, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY FRANK D. ROSSI, 0000 To be colonel CONSTITUTED COMMITTEE OF THE SENATE. f FOREIGN SERVICE NOMINATIONS BEGINNING JEFFREY MARILYN D. BARTON, 0000 DAVIDOW AND ENDING GEORGE E. MOOSE, WHICH NOMI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONFIRMATIONS NATIONS WERE RECEIVED BY THE SENATE AND AP- TO THE GRADE INDICATED IN THE UNITED STATES AIR PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED Executive nominations confirmed by 20, 2001. BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS the Senate March 20, 2002: FOREIGN SERVICE NOMINATIONS BEGINNING 624 AND 531: GUSTAVIO ALBERTO MEJIA AND ENDING JOSEPH E. DEPARTMENT OF STATE To be major ZADROZNY, JR., WHICH NOMINATIONS WERE RECEIVED JAMES W. PARDEW, OF ARKANSAS, TO BE AMBAS- BY THE SENATE AND APPEARED IN THE CONGRESSIONAL LARRY O.* GODDARD, 0000 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF RECORD ON DECEMBER 20, 2001.
VerDate Mar 15 2010 20:44 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 9801 E:\2002SENATE\S20MR2.REC S20MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY