Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, SECOND SESSION
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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION Vol. 146 WASHINGTON, THURSDAY, JUNE 29, 2000 No. 85 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE ACTING minutes for closing remarks, with 5 called to order by the President pro MAJORITY LEADER minutes of that time to be under the tempore (Mr. THURMOND). The PRESIDING OFFICER. The Sen- control of the Senator from Arizona, ator from Pennsylvania is recognized. Mr. MCCAIN. PRAYER f The Senator from Arizona. The Chaplain, Dr. Lloyd John Mr. MCCAIN. Mr. President, I yield 2 Ogilvie, offered the following prayer: SCHEDULE minutes of my 5 minutes to the Sen- Gracious God, You are never reluc- Mr. SPECTER. Mr. President, on be- ator from Wisconsin, Mr. FEINGOLD. tant to bless us with exactly what we half of the leader, I have been asked to The PRESIDING OFFICER. The Sen- announce that we will resume consider- need for each day's challenges and op- ator from Wisconsin. portunities. Sometimes we are stingy ation of H.R. 4762. Under the previous receivers who find it difficult to open order, there will be closing remarks on Mr. FEINGOLD. Mr. President, de- our tight-fisted grip on circumstances the bill with a vote on final passage to spite the claims in the press by some and receive the blessing that You have occur at approximately 9:40 a.m. and opponents of this measure, this bill is prepared. You know our needs before following that vote, a vote on or in re- fair and evenhanded. It affects groups we ask You, but You wait to bless us lation to the Frist amendment, which on both sides of the political spectrum. until we ask for help. We come to You is the Frist amendment to the Labor, It is not aimed at any particular group now honestly to confess our needs. HHS, and Education appropriations or players in the elections. It is aimed Lord, we need Your inspiration for our bill, will occur. at getting rid of secrecy. It is not an thinking, Your love for our emotions. I have been asked to announce that it attempt to silence anyone. It is an at- Your guidance for our wills, and Your is the leader's intention to finish this tempt to give the American people in- strength for our bodies. We have bill by midafternoon and then to pro- formation. They are entitled to have learned that true peace and lasting se- ceed to the Interior appropriations bill. this information about the groups who renity results from knowing that You I note a smile by our distinguished Pre- flood the airwaves with negative ads have an abundant supply of resources siding Officer. He has the Interior bill. during an election campaign. to help us meet any trying situation, But that is what the script says. We I thank all my colleagues who sup- difficult person, or disturbing com- will be pushing as hard as we can to ac- ported the McCain-Feingold-Lieberman complish that and get that done. Our plexity, and so we say with the psalm- amendment on the Department of De- distinguished leader was in a perse- ist, ``Blessed be the Lord, who daily fense bill. They can be proud of what vering, strong mood last night, and I loads us with benefits.''ÐPsalm 68:19. they did. With that vote, they have assume he will be this morning as well. Amen. started in motion a process that has We want people who have amendments brought us to this day, when we will to come to the floor. We will work out quickly pass and send to the President f a schedule and work out time agree- for his signature a good, fair, bipar- ments so we can meet that demanding tisan bill that does the right thing for PLEDGE OF ALLEGIANCE schedule. the American people. I thank the Chair and yield the floor. The Honorable SLADE GORTON, a Sen- Mr. ROTH. Mr. President, I believe in f ator from the State of Washington, led full disclosure of who is funding polit- the Pledge of Allegiance, as follows: INTERNAL REVENUE CODE OF 1986 ical campaigns. The public has a right I pledge allegiance to the Flag of the AMENDMENT to know who is paying for the political United States of America, and to the Repub- The PRESIDING OFFICER. Under advertisements and direct mail that lic for which it stands, one nation under God, they see. While I think this bill may indivisible, with liberty and justice for all. the previous order, the Senate will now resume consideration of H.R. 4762, not go far enough in requiring disclo- sure of these groups, it is a first step f which the clerk will report. The legislative clerk read as follows: and that is why I support H.R. 4762. A bill (H.R. 4762) to amend the Internal H.R. 4762 requires disclosure for po- RESERVATION OF LEADER TIME Revenue Code for 1986 to require 527 organi- litical organizations which are tax ex- The PRESIDING OFFICER (Mr. GOR- zations to disclose their political activities. empt under section 527 of the Internal TON). Under the previous order, the The PRESIDING OFFICER. Under Revenue Code. 527 organizations which leadership time is reserved. the previous order, there will now be 7 directly advocate the election or defeat ∑ This ``bullet'' symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S6041 . S6042 CONGRESSIONAL RECORD Ð SENATE June 29, 2000 of a particular candidate for federal of- the Ways and Means Committee bill in connection with a pressing public issue. fice are subject to federal election cam- were not incorporated in this bill. I The Court found that FECA's disclosure pro- paign law disclosure obligations. How- fear that we will have to address these visions, as written, raised potential problems both of vagueness and overbreadth. ever, 527 organizations that do not di- technical issues in the future in order Under First Amendment ``void for vague- rectly advocate for the election or de- to make the disclosure provisions work ness'' jurisprudence, the government cannot feat of a particular candidate are not to effectively provide this information punish someone without providing a suffi- subject to these federal election cam- to the public. ciently precise description of what conduct paign laws and are not obligated to dis- Because this bill is a first step and is legal and what is illegal. A vague or im- close the names of their contributors that some disclosure is better than no precise definition of regulated political advo- nor how they send the contributions disclosure, I will vote for H.R. 4762. cacy might serve to ``chill'' some political they receive. This bill correctly adds Mr. President, I ask unanimous con- speakers who, although they desire to en- gage in pure ``issue advocacy,'' may be afraid disclosure requirements to these 527 or- sent that a letter from the Brennan that their speech will be construed as ganizations so that the activities per- Center for Justice expressing the view regulable ``express advocacy.'' Similarly, the formed and identity of contributors to that this bill requiring disclosure by overbreadth doctrine in First Amendment these previously undisclosed will be 527 organizations is constitutionally jurisprudence is concerned with a regulation available for public scrutiny, much sound be printed in the RECORD. that, however precise, sweeps too broadly like those 527 organizations that have There being no objection, the letter and reaches constitutionally protected to disclose under the federal election was ordered to be printed in the speech. Thus, a regulation that is clearly drafted, but covers both ``issue advocacy'' RECORD, as follows: laws. and ``express advocacy'' may be overbroad as I am also glad that this bill follows BRENNAN CENTER FOR JUSTICE, applied to certain speakers. the constitutional requirement that New York, NY, June 28, 2000. The Court's vagueness and overbreadth revenue measures originate in the DEAR SENATOR: I am writing to express the analysis centered on two provisions in House of Representatives. If the rev- views of the Brennan Center for Justice at FECAÐsection 608(e), which adopted limits New York University School of Law on the on independent expenditures, and section enue measure did not originate in the constitutional validity of attempts to seek House, then any member could subject 434(e), which adopted reporting requirements disclosure from organizations covered by for individuals and groups. For these two the bill to a ``blue slip,'' thereby void- Section 527 of the Internal Revenue Code, as provisions, the Supreme Court overcame the ing the entire bill, not just the part of contained in the Lieberman-Levin-Daschle- vagueness and overbreadth issues by adopt- the bill that is a revenue measure. I op- McCain Bills (S.B. 2582 and 2583). ing a narrow construction of the statute that posed an amendment similar to this Senate Bill 2582 seeks to completely close limited its applicability to ``express advo- bill a few weeks ago when it was of- the current Section 527 loophole, under cacy.'' However, the Court made it abso- which some organizations are claiming that lutely clear that the ``express advocacy'' fered as an amendment to the Defense they exist for the purpose of influencing Authorization bill because adoption of limiting construction that it was adopting electoral outcomes for income tax purposes, for these sections did not apply to expendi- that amendment would have subjected but that they are not ``political committees'' tures by either candidates or political com- the Defense Authorization bill to such for purposes of federal election law.