[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[House]
[Pages H10196-H10197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CAMPAIGN FINANCE SUNSHINE ACT OF 1998
Mr. MICA. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2109) to amend the Federal Election Campaign Act of 1971 to
require reports filed under such Act to be filed electronically and to
require the Federal Election Commission to make such reports available
to the public within 24 hours of receipt, as amended.
The Clerk read as follows:
H.R. 2109
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Finance Sunshine
Act of 1998''.
SEC. 2. FILING OF REPORTS USING COMPUTERS AND FACSIMILE
MACHINES.
Section 302(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 434(a)) is amended by striking paragraph (11) and
inserting the following:
``(11)(A) The Commission shall promulgate a regulation
under which a person required to file a designation,
statement, or report under this Act--
``(i) is required to maintain and file a designation,
statement, or report for any calendar year in electronic form
accessible by computers if the person has, or has reason to
expect to have, aggregate contributions or expenditures in
excess of a threshold amount determined by the Commission;
and
``(ii) may maintain and file a designation, statement, or
report in electronic form or an alternative form, including
the use of a facsimile machine, if not required to do so
under the regulation promulgated under clause (i).
``(B) The Commission shall make a designation, statement,
report, or notification that is filed electronically with the
Commission accessible to the public on the Internet not later
than 24 hours after the designation, statement, report, or
notification is received by the Commission.
``(C) In promulgating a regulation under this paragraph,
the Commission shall provide methods (other than requiring a
signature on the document being filed) for verifying
designations, statements, and reports covered by the
regulation. Any document verified under any of the methods
shall be treated for all purposes (including penalties for
perjury) in the same manner as a document verified by
signature.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
reports for periods beginning on or after January 1, 2000.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Mica) will control 20 minutes, and a Member opposed will
control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. Mica).
Mr. MICA. Mr. Speaker, I ask unanimous consent that I be allowed to
yield the balance of my time to the gentleman from Utah (Mr. Cook) and
that he be allowed to manage that time, as I am about to lose my most
valuable asset as a Member of Congress, and that is my voice.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
The SPEAKER pro tempore. The Chair recognizes the gentleman from Utah
(Mr. Cook).
Mr. COOK. Mr. Speaker, I yield myself such time as I may consume, and
I thank the gentleman from Florida for yielding me this time.
Mr. Speaker, last year I introduced H.R. 2109, the Campaign Finance
Reform Sunshine Act. H.R. 2109 requires candidates to file campaign
finance disclosure forms electronically with the Federal Elections
Commission. The
[[Page H10197]]
FEC, in turn, would be required to post these disclosures on the
internet within 24 hours. My bill is not comprehensive reform, but it
is reform Congress can enact this year. Equally important, the Supreme
Court would not strike down my bill's reform because of first amendment
issues.
I was heartened to see in January of this year the Federal Elections
Commission decided to post reports on the internet. The FEC has posted
all 1997 and 1998 reports filed by PACs, political parties, and
presidential and House campaigns on its web site. Information dating
back to 1993 will soon be available.
This move by the FEC is a giant step in the right direction.
Computers and the internet are increasingly part of Americans' daily
lives. Computers and the internet make it easier and less expensive for
people to track fund-raising donations across the Nation. Until now,
people have had to pay for a subscription service or come to the FEC
headquarters here in Washington to examine the records. State residents
would have to go to a lieutenant governor's office to review the
records of Federal candidates from their States.
Now, as the saying goes, ``Sunshine is the best disinfectant.'' This
rings true with H.R. 2109. Facilitation of public scrutiny provided in
this legislation will do more to ensure ethical fundraising than a half
dozen committee investigations. It is a fact of life that scrutiny
breeds compliance.
Now, some may think the FEC decision this year makes my legislation
unnecessary. But, really, the opposite is true. Currently, the FEC has
no mandatory obligation or deadline for posting these reports. Now,
while I am confident that FEC officials will post reports as quickly as
possible in the final weeks of a nationwide campaign, like the House
campaign this year, it may take days or weeks to get reports posted on
the web at a time when the largest contributions are being made and the
public interest is at its height.
In my view, the goal of any reform proposal would be to make it
easier for citizens to know who funds their political campaigns,
without trampling on any American's constitutional right to participate
in the political process.
I want to thank majority and minority staff of the Committee on House
Oversight, who worked with my staff to make technical changes that will
bring bipartisan support for this important legislation.
In short, this legislation is progressive reform that can be passed
by Congress with bipartisan support, can be signed into law, withstand
judicial scrutiny, and it will benefit all Americans.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Arizona (Mr. Hayworth).
Mr. HAYWORTH. Mr. Speaker, I thank my colleague from Utah for
yielding me this time.
Mr. Speaker, I should note at this juncture in the Record that the
illness which afflicts our good friend from Florida, I suppose there
are some in this chamber, indeed, perhaps quite a few in this chamber,
who do not wish ill upon anyone, but perhaps would like to see that
affliction of the voice visited upon this Congressman from Arizona from
time to time.
Be that as it may, and mindful, perhaps, of that situation, let me,
in all sincerity and seriousness, thank my colleague from Utah for
having the foresight to offer this common sense piece of legislation.
Mr. Speaker, my colleague quoted the words that came to us I believe
in history from Mr. Justice Brandice, who pointed out that time and
again, in the public interest, sunshine is the best disinfectant.
Indeed, Mr. Speaker, in much the same way that we invited television
into this chamber, so that these remarks are seen throughout the Nation
by our fellow citizens, so, too, as we move through new communications
capabilities to involve and disperse data upon the internet, we offer
the American people another glimpse of sunshine and more than just a
ray of hope, because this legislation compels the Federal Election
Commission to carry the step of sunshine a step further and to post
these contributions on the internet within 24 hours.
My colleague from Utah pointed out, and, indeed, if the truth be
told, as many of us are involved in spirited campaigns where we
champion differences in philosophies, to have these contributions
available for public scrutiny, or at least disclosed by candidates
within a 48-hour period down the stretch of a campaign, how much more
vital it is, Mr. Speaker, to make sure that that information is
available to every American on the internet.
My colleague pointed out that already the FEC has made strides, but
this legislation will ensure that we go the extra mile to give voice to
the notion of genuine reform by bringing in the sunshine of full
disclosure and living up to the spirit of what Mr. Justice Brandice
advocated.
So it is in that spirit, again thanking my colleague from Utah,
because I believe the Nation owes him a debt of gratitude for seizing
upon this common sense piece of legislation, that I urge the House and
Members of both parties to join with us in its passage. I would
advocate strong support for H.R. 2109.
Mr. COOK. Mr. Speaker, I yield myself such time as I may consume, and
I certainly want to thank my colleague from Arizona for those words.
Mr. Speaker, the House today can take a small step toward increasing
accountability to those whom we represent. The House spent many hours
debating campaign finance legislation this year. It appears that the
product passed by the House has little chance of becoming law. That is
why I think this legislation is so important. It is a significant yet
noncontroversial reform that we owe to our constituents, and I urge my
colleagues to support the Campaign Finance Sunshine Act.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
{time} 0010
The SPEAKER pro tempore (Mr. Blunt). The question is on the motion
offered by the gentleman from Florida (Mr. Mica) that the House suspend
the rules and pass the bill, H.R. 2109, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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