[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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