[Congressional Record Volume 145, Number 119 (Tuesday, September 14, 1999)]
[House]
[Pages H8250-H8286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PERSONAL EXPLANATION
Mr. PORTER. Mr. Chairman, I regret that I was unavoidably detained in
Chicago today on a family emergency.
Had I been present, I would have voted yes on rollcall Nos. 408, 409
and 410. I would have voted no on rollcall Nos. 411, 412, and 413. I
would have voted yes on rollcall No. 414.
The CHAIRMAN. It is now in order to consider Amendment No. 7 printed
in House Report 106-311.
Amendment No. 7 Offered by Mr. Calvert
Mr. CALVERT. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 Offered by Mr. Calvert:
Add at the end of title V the following new section (and
conform the table of contents accordingly):
SEC. 517. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS
ACCEPTED BY CONGRESSIONAL CANDIDATES TO COME
FROM IN-STATE RESIDENTS.
(a) In General.--Section 315 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at
the end the following new subsection:
``(i)(1) The total amount of contributions accepted with
respect to an election by a candidate for the office of
Senator or the office of Representative in, or Delegate or
Resident Commissioner to, the Congress from in-State
individual residents shall be at least 50 percent of the
total amount of contributions accepted from all sources.
``(2) If a candidate in an election makes expenditures of
personal funds (including contributions by the candidate or
the candidate's spouse to the candidate's authorized campaign
committee) in an amount in excess of $250,000, paragraph (1)
shall not apply with respect to any opponent of the candidate
in the election.
``(3) In determining the amount of contributions accepted
by a candidate for purposes of paragraph (1), the amounts of
any contributions made by a political committee of a
political party shall be allocated as follows:
``(A) 50 percent of such amounts shall be deemed to be
contributions from in-State individual residents.
``(B) 50 percent of such amounts shall be deemed to be
contributions from persons other than in-State individual
residents.
``(4) As used in this subsection, the term `in-State
individual resident' means an individual who resides in the
State in which the election involved is held.''.
(b) Reporting Requirements.--Section 304 of such Act (2
U.S.C. 434), as amended by sections 103(c), 204, and 307, is
further amended by adding at the end the following new
subsection:
``(h)(1) Each principal campaign committee of a candidate
for the Senate or the House of Representatives shall include
the following information in the first report filed under
subsection (a)(2) which covers the period which begins 19
days before an election and ends 20 days after the election:
[[Page H8251]]
``(A) The total contributions received by the committee
with respect to the election involved from in-State
individual residents (as defined in section 315(i)(4)), as of
the last day of the period covered by the report.
``(B) The total contributions received by the committee
with respect to the election involved from all persons, as of
the last day of the period covered by the report.
``(2)(A) Each principal campaign committee of a candidate
for the Senate or the House of Representatives shall submit a
notification to the Commission of the first expenditure of
personal funds (including contributions by the candidate or
the candidate's spouse to the committee) by which the
aggregate amount of personal funds expended (or contributed)
with respect to the election exceeds $250,000.
``(B) Each notification under subparagraph (A)--
``(I) shall be submitted not later than 24 hours after the
expenditure or contribution which is the subject of the
notification is made; and
``(II) shall include the name of the candidate, the office
sought by the candidate, and the date of the expenditure or
contribution and amount of the expenditure or contribution
involved.''.
(c) Penalty for Violation of Limits.--Section 309(d) of
such Act (2 U.S.C. 437g(d)) is amended by adding at the end
the following new paragraph:
``(4)(A) Any candidate who knowingly and willfully accepts
contributions in excess of any limitation provided under
section 315(i) shall be fined an amount equal to the greater
of 200 percent of the amount accepted in excess of the
applicable limitation or (if applicable) the amount provided
in paragraph (1)(A).
``(B) Interest shall be assessed against any portion of a
fine imposed under subparagraph (A) which remains unpaid
after the expiration of the 30-day period which begins on the
date the fine is imposed.''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to elections occurring after January
2001.
Page 86, line 10, strike ``(2 U.S.C. 437g(d)) is amended''
and insert the following: ``(2 U.S.C. 437g(d)), as amended by
section 517(c), is further amended''.
Page 86, line 12, strike ``(4)'' and insert ``(5)''.
The CHAIRMAN. Pursuant to House Resolution 283, the gentleman from
California (Mr. Calvert) and the gentleman from Delaware (Mr. Castle)
each will control 5 minutes.
The Chair recognizes the gentleman form California (Mr. Calvert).
Mr. CALVERT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise today to introduce the Shaw-Calvert-Gallegly
amendment. It is a simple reform that would make candidates 100 percent
accountable to the people they represent by controlling the source of
campaign funds.
Unfortunately, some of our colleagues from Florida, including the
gentleman from Florida (Mr. Shaw), have hurricane-force winds bearing
down on their homes. Our prayers are with them and their constituents
as they brace for Hurricane Floyd's impact. The gentleman from Florida
(Mr. Shaw) requested that I offer this amendment in his absence.
Too many candidates take their show on the road and sell themselves
to the Americans all across this country. This practice comes at the
expense of the people the candidate is supposed to represent. When a
candidate has to primarily rely on money from people outside their home
State, they no longer need to listen to the needs and concerns of their
own constituents.
This amendment requires candidates to raise at least half of the
money for their campaigns from their home State. Through this simple
requirement, we give all Americans a greater voice in the political
process.
I introduced a similar amendment last year that received 147 votes.
My colleague, the gentleman from Florida (Mr. Shaw), also submitted a
similar amendment last year that garnered 160 votes.
We brought the best of both bills together today, working with the
gentleman from Florida (Mr. Shaw) and our colleague from California
(Mr. Gallegly). We combined my language with the amendment of the
gentleman from Florida (Mr. Shaw) to address the concerns of Members
about the constitutionality of its provisions.
I also heard from a number of Members who are concerned about the
wealthy candidates abusing these provisions for their own advantages.
These are valid concerns, and we have amended the language accordingly.
Should a candidate face an opponent that uses more than $250,000 of
their own funds in a campaign, all candidates would be exempt from this
amendment's provision.
This amendment is common sense electoral reform, and I hope that
every Member will support it.
Mr. Chairman, I reserve the balance of my time.
Mr. CASTLE. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, I do rise in opposition to this legislation. It is not
quite as simple as it sounds. And it does sound, I believe, good on its
face. But the truth of the matter is there are those of us in small
States, and I am one of them, there are those that have border
districts, which small States automatically have, so I am one of them,
as well. And there are those who are from very poor districts
throughout this country who have problems raising campaign funds. I am
not in that category, as Delaware is a relatively wealthy State.
When I first ran four terms ago for the Congress of the United
States, I was out-spent by my opponent, not significantly, but I was
out-spent. He raised at least 90 percent, probably a lot greater
percentage, of his money from outside Delaware. We made a campaign
issue out of it. It worked out just fine. And I understood what the
process was. He was allowed to raise that money and he could.
If we are going to carry this to the nth degree, we really should say
that no money should come from outside a particular State.
Delaware has 800,000 people. Many of my constituents cross over into
Pennsylvania and Delaware on a regular basis and back over. It is
almost impossible to distinguish exactly where they are from, and it
makes I believe a matter like this very complicated.
The Shays bill calls for a study of this, and I believe that we
should go with that.
Mr. Chairman, I reserve the balance of my time.
Mr. CALVERT. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. English).
Mr. ENGLISH. Mr. Chairman, I rise in strong support of the Shaw-
Calvert amendment.
This key amendment requires candidates to raise their money locally
thereby aligning constituent and donor interest. By requiring
candidates to raise 50 percent of their contributions within their home
State, we not only give the public a greater voice in elections but
also limit the power of Washington special interests.
This is a seminal change that should be coupled with anti-bundling
reforms to restrict gaming of PAC donor limits and a requirement that
half of a candidate's contributions come from an individual rather than
PACs to achieve truly viable reform.
In considering campaign finance legislation, we should consider the
practical effects of the bill, not the stated intentions of its
proponents. By limiting the ability of all candidates to raise money,
Shays-Meehan rewards candidate committees with a broad, already-
established donor base.
Specifically, incumbents, Shays-Meehan is clearly the incumbent
protection bill in this debate. Because Shays-Meehan tilts the field to
incumbents, this amendment is necessary to help correct this fatal flaw
by forcing incumbents and challengers to raise half their money at home
and compete on a level playing field.
I urge all my colleagues and all true friends of campaign finance
reform to vote in favor of this amendment. However, without additional
perfecting amendments, I, for one, cannot support Shays-Meehan this
evening. And I feel bad about that.
I hope this amendment is successful.
Mr. CASTLE. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Chairman, I appreciate the honesty of
the gentleman from Pennsylvania. He makes it clear he is against Shays-
Meehan, so he is for an amendment which would kill it.
Here is one of the problems. We have, in the first place, some very
large States, California. When the gentleman from California, and two
of the three sponsors are from California, talk about how self-
sacrificing they are going to be because they can only go from San
Diego to north of San Francisco, that is not very self-sacrificing
compared to people from much smaller States.
We have small States in this country with ethnic diversity. Let us be
very
[[Page H8252]]
clear. Money and ethnicity are sometimes correlated. And if we now tell
African-American candidates in the South, now that we have
redistricting rules from the Supreme Court that say that the districts
have to be fairly evenly balanced ethnically, if we tell candidates in
Mississippi and South Carolina and Alabama, these smaller States, that
the money has to be raised in State, we are putting minority candidates
at a significant disadvantage. Because we know as a fact that wealth is
not equally distributed, and we put ethnic minority candidates at a
disadvantage.
Finally, as to incumbent protection, when we limit money to that
State, we are increasing incumbent protection because the incumbent in
a small State is far more likely to be able to raise the money.
Mr. CALVERT. Mr. Chairman, I yield myself 15 seconds to answer the
concern of the gentleman.
My amendment probably will not even impact most candidates. According
to the Congressional Research Service, in 1996 only 8 percent of total
known receipts raised by Democratic candidates for the House came from
outside their State. A similar figure for House Republican candidates
was 7 percent.
Mr. Chairman, I yield 30 seconds to my good friend, the gentleman
from the State of Michigan (Mr. Smith).
(Mr. SMITH of Michigan asked and was given permission to revise and
extend his remarks.)
{time} 1815
Mr. SMITH of Michigan. Mr. Chairman, I have introduced legislation
that actually bans PAC money from donating to individual congressional
campaigns and requires that congressional candidates raise 50 percent
of the money from within their own legislative district. Having a
requirement that 50% of contributions for a Member of Congress come
from the State is reasonable. It moves us in the right direction, and
it helps make sure that constituents are going to be represented, not
special interests.
Mr. Chairman, let's concentrate on constituent interests, not
special interests. As the great political reporter Theodore White
wrote, ``The flood of money that gushes into politics today is a
pollution of democracy.'' I haven't accepted PAC contributions since I
first ran for the Michigan state senate in 1982. Although I knew I
would always vote the way I felt was right regardless of who donated to
my campaign, I also knew that it was equally important that my
constituents had no doubts about how much PAC lobbyists might be
influencing my decisions.
Mr. CASTLE. Mr. Chairman, I yield 1 minute to the gentlewoman from
Ohio (Mrs. Jones).
Mrs. JONES of Ohio. Mr. Chairman, I rise in strong opposition to the
Shaw-Calvert amendment. This bill requires candidates to raise 50
percent of their contributions from their own State. This bill makes it
difficult, if not impossible, for candidates to remain competitive if
they represent low-income districts, border or small geographic
districts.
When I rise to speak in Congress, I represent more than the 11th
Congressional District of Ohio. I represent the hopes and dreams of the
descendants of a host of African Americans who were enslaved, beaten,
hung, brutalized and died, and are still underrepresented in the United
States Congress.
Their descendants, wherever they reside, should be able to contribute
to my campaign. When I rise to speak in this House, I represent the
United States as a whole. I recommend that a commission be appointed to
study the impact this provision would have on the ability of Members to
raise sufficient funds when they represent low-income, border and
minority districts. Until such a commission is appointed, I urge my
colleagues in this House to vote ``no.''
Mr. CALVERT. Mr. Chairman, I yield 30 seconds to the gentleman from
California (Mr. Bilbray.)
Mr. BILBRAY. Mr. Chairman, I rise as a strong supporter of Shays-
Meehan. I was one of the original cosponsors. I rise as a
representative of all the people in the 49th District of California.
The supporters of true campaign finance reform in my district have
come to me and said they want Shays-Meehan passed, but they want a
condition that says at least half of your money should come from your
State. The fact is, these rules will apply to everyone equally in the
district that is being run for.
Now, there was a gentleman from Massachusetts who said, ``Why not
make it district?'' My constituents would like to have it district, but
this is a compromise. It is the minimum we can do. Let us do true
campaign finance reform, pass Shays-Meehan, and require half the money
to come from your State.
Mr. CASTLE. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi).
Ms. PELOSI. Mr. Chairman, I rise in opposition to this amendment
because I think it is an attempt to undermine the Shays-Meehan campaign
finance reform bill. That bill is the best opportunity America has to
end the corrupting influence of big money and to ensure that all
Americans can participate and be heard by their elected officials
without money as the motivator. Real campaign finance reform is needed
to accomplish this goal. Every single one of us who comes to this body
takes an oath of office to support and defend the Constitution against
all enemies, foreign and domestic. The biggest enemy to our
constitutional democracy is campaign money.
This city was built on a swamp over 200 years ago. It has returned to
being a swamp, a swamp that is dirtied by the huge amount of special
interest money that pours in here and stacks the deck against the
typical American seeking a legitimate role in the political process.
As far as this amendment is concerned, as a Californian, a State that
is wealthy and supports its candidates, I urge my colleagues to vote
against it. There will be no way we will have more women and more
minorities in this Congress if we pass this legislation. This Congress
will never look like America. I urge a ``no'' vote.
Mr. Chairman, I rise in strong support of the Shays-Meehan campaign
finance reform bill. The gentlemen are to be commended for their
leadership in bringing hope to the House that we will finally break the
bonds between the political process and big monied special interests.
The Shays-Meehan campaign finance reform bill is the best opportunity
America has to end the corrupting influence of big money and to ensure
that all Americans can participate and be heard by their elected
officials without money as the motivator. Real campaign finance reform
is needed to accomplish this goal.
Unfortunately, an election system based on wealth and money distorts
the political process and adversely affects the civil rights of low-
income Americans by allowing politicians and fundraisers to dismiss or
ignore their voices and infringe on their voting rights. While first
amendment concerns have been raised, civil rights concerns must be
addressed first.
The Shays-Meehan bill includes a ban on soft money at the Federal and
State level; a ban on foreign money entering the system; tougher
political advertising disclosure requirements; mandatory electronic
filing and internet posting of a candidate's Federal Election
Commission reports; and establishment of a Commission to study further
reforms to improve our campaign finance system.
When Washington, D.C. first was established as America's capital, it
was built on a swamp. It is still a swamp, a swamp dirtied by the huge
amounts of special interest money that pours in here and stacks the
deck against the typical American seeking a legitimate role in the
political process.
I urge my colleagues to oppose all the poison pill amendments and
substitutes designed to derail this measure. America needs real
campaign reform in the political process. Let's support today's
bipartisan campaign finance measure.
Mr. CASTLE. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, we have heard the arguments here. We do not have a very
long time to discuss this tonight. We only have 10 minutes. The bottom
line is, I think there are some serious questions about this. I have
raised some about the small State problem that I have, the border
districts where the people you really know, such as in a Kansas City
situation, for example, right up in the border between two different
States, those districts which are extraordinarily poor, represented
often by minorities which need some help with respect to these
circumstances.
Let me just point out what is in the Shays-Meehan bill, because I
think before everybody votes, they should understand this, and that is
simply this. It establishes a bipartisan commission
[[Page H8253]]
to study the impact of such concerns, and I think it goes a long way
toward addressing the problem of campaign finance reform. This is what
we need to do.
I think that the gentleman from California's amendment raises a
serious question, something perhaps we should consider, but I do not
think we are ready to vote on it at this particular time and make it
part of the law of the United States of America. I think, indeed, it is
something that we should continue to look at and should continue to
discuss, make some sort of professional determination if it is
possible; if so, what it should be. For now, this amendment should be
defeated and the Shays-Meehan bill should be passed.
Mr. CALVERT. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, in closing, it is constitutional, it is common sense,
it is constructive. I have been for this since I have been in Congress.
I am in my fourth term. I was for this in my first term, and I am still
for this. It is a good idea. Give your citizens a greater voice and
vote for this amendment.
Mr. SHAW. Mr. Chairman, I rise today in support of the Shaw-Calvert-
Gallegly amendment to H.R. 417, the Bipartisan Campaign Finance Reform
Act of 1999.
The Shaw-Calvert-Gallegly amendment is a common sense solution to
reforming our current campaign finance laws. Our amendment would simply
require candidates running for Congress to raise and accept no less
than 50 percent of the total contributions from within the State they
represent.
Our amendment is simple and fair. It does not tilt the playing field
in favor or Republicans or Democrats. If affects rich and poor
districts equally. Our amendment does, however, lessen the huge
advantage Washington insiders have over challengers who do not have
access to the out-of-state fundraising circuit.
In the past, some congressional candidates have raised as much as 95
percent of their campaign funds from out-of-State donors. This
amendment would require that candidates should be financially supported
at least in part by the citizens they wish to represent.
Mr. Chairman, Members should spend more time with the people that
really count, namely the voters in our districts. We should show our
constituents that we represent Main Street, not K Street. If you
believe we should bring the focus of fundraising back to the people we
represent, then I urge you vote in favor of the Shaw-Calvert-Gallegly
amendment.
Mr. ENGLISH. Mr. Chairman, I rise in strong support of the Shaw-
Calvert-Gallegly amendment to H.R. 417. This key amendment requires
candidates to raise their money locally, thereby aligning constituent
and donor interests. I have supported similar legislation in previous
sessions of Congress. In fact, during the 105th Congress, I drafted a
similar amendment to this one.
By requiring candidates to raise 50 percent of their contributions
within their home State, we not only give the public a greater voice in
elections, but also limit the power of Washington special interests.
This change should be coupled with antibundling reforms to restrict
gaming of PAC donor limits and a requirement that half of a candidate's
contributions come from individuals rather than PAC's to achieve more
meaningful reform.
In considering campaign finance legislation, we should consider the
practical effects of the bill, not simply the promises of its
proponents. By limiting the ability of all candidates to raise money,
the Shays-Meehan proposal rewards candidate committees with broad,
already established donor files. The only committees with that type of
donor file are incumbents.
Because the Shays-Meehan proposal tilts the field to incumbents, this
amendment is necessary to help correct this potentially fatal flaw by
forcing incumbents and challengers to compete on a level playing field.
I urge my colleagues to vote in favor of this amendment. However,
without these additional amendments, I cannot support the passage of
Shays-Meehan.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Calvert).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. CALVERT. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 283, further proceedings
on the amendment offered by the gentleman from California (Mr. Calvert)
will be postponed.
It is now in order to consider amendment No. 8 printed in House
Report 106-311.
Amendment No. 8 Offered by Mr. Sweeney
Mr. SWEENEY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 8 offered by Mr. Sweeney:
Amend the heading for title X to read as follows (and
conform the table of contents accordingly):
TITLE X--REIMBURSEMENT FOR USE OF GOVERNMENT PROPERTY FOR CAMPAIGN
ACTIVITY
Add at the end of title X the following new section (and
conform the table of contents accordingly):
SEC. 1002. REIMBURSEMENT FOR USE OF GOVERNMENT EQUIPMENT FOR
CAMPAIGN-RELATED TRAVEL.
Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.), as amended by sections 101, 401, 507,
510, 515, and 1001, is further amended by adding at the end
the following new section:
``reimbursement for use of government equipment for campaign-related
travel
``Sec. 329. If a candidate for election for Federal office
(other than a candidate who holds Federal office) uses
Federal government property as a means of transportation for
purposes related (in whole or in part) to the campaign for
election for such office, the principal campaign committee of
the candidate shall reimburse the Federal government for the
costs associated with providing the transportation.''.
The CHAIRMAN. Pursuant to House Resolution 283, the gentleman from
New York (Mr. Sweeney) and the gentlewoman from New York (Mrs. Maloney)
each will control 5 minutes.
The Chair recognizes the gentleman from New York (Mr. Sweeney).
Mr. SWEENEY. Mr. Chairman, I yield myself such time as I may consume.
I offer this amendment today to strengthen the Nation's election law
and bring a higher level of accountability into the campaign process.
I believe there are, among other things, two important goals of
Federal election law. First, election laws level the playing field for
candidates running for office, offering access to the process to all
Americans. The amendment I am offering today attempts to open up the
process so that all candidates have a chance to get the job despite
disadvantages in campaign resources. We want the best, the brightest,
the most qualified, to have a shot at winning a seat, not only those
with access to either money or resources. Second, the reforms we are
discussing today attempt to further distinguish the political campaign
activities from official duties.
One of the issues we are addressing today is the perception among
many Americans that the line between official duties and campaigning
has been blurred. Americans deserve not to have policy decisions so
colored by political motives, especially when their tax dollars are
involved.
Mr. Chairman, my amendment addresses both of these objectives by
leveling the playing field and separating political campaign activities
from official duties. The proposal is simple and reasonable. If you are
seeking elected office and you use government-owned property for
campaign travel purposes, you must fully reimburse the American
taxpayer. This will ensure that no candidate is given an unfair
advantage over another.
Few people have access to government-owned vehicles, particularly
military aircraft. Those that do should be responsible for paying the
full and actual cost of travel when campaign activities are involved.
This amendment will not only make the candidate more accountable to the
taxpayer, but it also removes the unfair advantage that any individual
may hold over candidates without access to government transportation.
This amendment also strengthens the separation between campaign
activities and official duties. Candidates who use government-financed
transportation, while defending the practice, often split hairs over
what constitutes campaigning versus official business. We have an
obligation to make these activities separate and distinct.
The American public deserves to know that every candidate using any
government vehicle will not violate the public trust by traveling at
taxpayer expense. We are free to run for office, but as we all know
here today, running for office is not free. Neither are we free to
spend the taxpayers' hard-earned dollars unless, of course, your
campaign headquarters is some military jet. Freedom has its cost,
running for office has its cost, but let us not confuse the two. One we
gain at birth, the other we must earn.
[[Page H8254]]
Mr. Chairman, I reserve the balance of my time.
Mrs. MALONEY of New York. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I rise in strong opposition to the Sweeney amendment.
We have an opportunity today to pass real campaign finance reform, but
instead we are wasting our time on a mean-spirited, petty, politically
partisan charged amendment that has nothing to do with real campaign
finance reform.
The goal of this amendment is to target the First Lady by forcing her
to pay for the full costs of her travel when she flies on government
planes. Mrs. Clinton is already following the same FEC rules as all
other candidates, rules that require her to reimburse the government
for the fair value of the travel. If this amendment were to pass, the
First Lady may be forced to abandon the security the Secret Service
says she needs or face tremendous costs that no candidate could afford.
We should not compromise her security for political, partisan purposes.
The gentleman from New York's amendment would apply to all
candidates, and I quote, other than a candidate who currently holds
Federal office. So the gentleman from New York would exempt himself. He
says that it is okay to have two sets of rules, one for the current
officeholders, himself, and another one for everyone else. It is a
double standard. It is a glaring loophole.
I have a letter here from the chair of the Federal Election
Commission which I would like to place in the Record at the appropriate
time which states clearly that no provision of current law covers
incumbent travel, that only FEC regulations apply.
The gentleman from New York would like to undermine these regulations
by passing a law that specifically exempts himself, other incumbents
and creates an enormous loophole. If the gentleman from New York's
amendment is such a good idea for Mrs. Clinton, then why do we not
apply it to candidates who rely on State and city transportation and
State and city security when they run for Federal office? Or better
yet, why do we not apply it to the gentleman from New York and Members
of this body who may fly on corporate or commercial planes but are not
required to reimburse the company or the government for the full cost
of the plane?
We should not open up a huge loophole in election law by punishing
challengers and giving the gentleman from New York and incumbents a
free ride. Campaign finance reform is supposed to be about leveling the
playing field, but here he is creating one standard for everyone else
and Mrs. Clinton and a very different standard for incumbents. It is
petty, it is partisan, it is just plain mean.
I urge my colleagues to reject the Sweeney amendment.
Federal Election Commission,
Office of the Chairman,
Washington, DC, May 14, 1991.
Hon. Robert E. Wise, Jr.,
Chairman, Government Information, Justice and Agriculture
Subcommittee, Committee on Government Operations, House
of Representatives, Washington, DC.
Dear Mr. Chairman: this responds to your April 25, 1991,
letter requesting information concerning the application of
Federal election law to the use of Government-owned aircraft
for political purposes.
Your letter cites 24 flights taken by the White House Chief
of Staff on aircraft owned by the Federal government that are
listed as ``political'' in nature. You state that the chief
of Staff or a campaign or political organization reimbursed
the Department of Defense for these flights in the amount of
``coach fare plus one dollar.'' You request a summary of the
law pertaining to political travel on Government aircraft and
also ask how the pertinent laws ``would apply to the Chief of
Staff's travel as listed'' in the enclosure submitted with
your letter.
In addition, you are ``interested in how Federal election
law applies to the President's use of military aircraft for
political purposes,'' and whether the law applies differently
when the aircraft is used for political purposes ``by other
personnel.'' You further ask whether the ``rules change''
when Government aircraft is used ``in support'' of a
Presidential candidate after he or she qualifies for Federal
matching funds.
In view of the requirements of the Federal Election
Campaign Act of 1971, as amended (``the Act''), it is not
appropriate for me or the Commission to issue a ruling or
opinion of an advisory nature in response to your inquiry.
The advisory opinion procedure, as set forth in the Act,
authorizes the Commission to give such an opinion only in
response to the written request of any person who describes
his or her own prospective or ongoing activity, not that of
another person. 2 U.S.C. Sec. 437f, 11 CFR 112.1(b). Any
person who believes that someone else may have violated the
Act may file a sworn complaint with the Commission presenting
the alleged facts and related violations. 2 U.S.C. Sec. 437g,
11 CFR 111.4.
Notwithstanding the inability to give such official advice,
we can respond to your request for general information as to
those provisions of the Act and Commission regulations that
govern campaign travel on Government-owned aircraft for the
purpose of influencing Federal elections, since the
Commission has no jurisdiction over State election law.
First, the Act and the presidential public funding
provisions of the Internal Revenue Code (26 U.S.C.
Sec. Sec. 9001-9042) are silent with respect to any use of
Government-owned aircraft by any person in connection with
any election for Federal office. the 1979 amendments to the
Act did make clear that the use of appropriated funds of the
Federal government would not result in a ``contribution' to
influence a Federal election because the Federal government
is not a ``person''; only persons are deemed to have the
capacity to make contributions under the Act. 2 U.S.C.
Sec. Sec. 431(8)(A), 431(11). The legislative history further
indicates that misuse of appropriated funds is a violation of
Federal law and subject to enforcement by other agencies, not
the Federal Election Commission. (report of Committee on
House Administration, Federal Election Campaign Act
Amendments of 1979, H. Rep. No. 96-422, 96th Cong., 1st Sess.
6, 7, 11 (1979).)
Several Commission regulations govern expenditures for
campaign travel in connection with Federal elections and
include provisions pertaining to campaign travel via
Government-owned conveyance, which would include Government-
owned aircraft. those cited herein are most pertinent in your
inquiry and copies are enclosed for your reference.
11 CFR 106.3 pertains to allocation of campaign travel
expenditures with respect to campaigns for Federal
office,other than presidential candidates who receive Federal
matching funds or grants for their campaign expenses. See, in
particular, 11 CFR 106.3(e).
11 CFR 114.9(e) applies to the use of non-commercial
corporate (or labor organization) aircraft for campaign
travel in connection with a Federal election. It does not
apply to the campaign use of aircraft owned by the Federal
government.
11 CFR 9004.7 governs the allocation and payment of
campaign travel expenditures by presidential and vice
presidential candidates who accept Federal funding for their
general election campaigns. See, in particular, 11 CFR
9004.7(b)(4) and (b)(5) with respect to use of Government-
owned aircraft.
11 CFR 9034.7 governs the allocation and payment of
campaign travel expenditures by a presidential candidate
seeking nomination by a political party who has accepted
Federal matching funds for his or her primary election
campaign. See, in particular, 11 CFR 9034.7(b)(4) and (b)(5)
regarding use of Government-owned aircraft.
I hope you will find this letter and the enclosed materials
helpful for purposes of your inquiry. If you have any other
questions, please contact me or John Surina, our Staff
Director.
Sincerely yours,
John Warren McGarry,
Chairman for the Federal Election Commission.
Mr. Chairman, I reserve the balance of my time.
Mr. SWEENEY. Mr. Chairman, I yield myself such time as I may consume.
I am confused by my colleague and friend from New York and her
position. First I am confused because I do not recall at any point in
my opening remarks mentioning the First Lady and her bid for the Senate
seat in New York State. Although I will say that on recess and
throughout all of the travels that I have had in my district, a number
of my constituents, in fact many of my constituents, have raised
concerns about the inequity that exists with an individual who may or
may not be a candidate using the resources of Air Force One or a
military jet to conduct what may or may not be a campaign.
But let me address and respond to some of the positions that my good
friend has taken. First, let me point out that the loophole that exists
in the current proposal, in the underlying bill, would be a loophole
that would allow a candidate who is not defined as a public officer,
which the First Lady certainly fits under, to use the resources for
transporting back and forth to conduct campaign activities. If we pass
the underlying legislation, the President, the Vice President, other
Federal officials, including myself, would not be able to use those
resources, not that I have that available to me at this point in time,
anyway, but they would not be able to do that. And the loophole that
would exist would be one that would allow for a
[[Page H8255]]
continuation of that kind of use by a candidate who does not fall
under that public officer definition.
Let me also talk about the issue of security and abandoning security
and you talk about red herrings being thrown out there. At no point and
no time do any of us advocate that security concerns as it relates to
the First Family or any other Federal official who duly needs that kind
of security be taken away from them. In fact, we all recall that it was
just several years ago that Saddam Hussein and other Mideast terrorists
threatened the life of former President Bush. It was because we had
strong security around former President Bush that we were able to
thwart that attempt.
{time} 1830
I in no way intend to hinder the security today or in the future of
the First Family, and I suspect and I propose that because we require a
full reimbursement for the use of military jets we are not diminishing
in any capacity. In fact, we are not diminishing the opportunity for
the First Lady or anyone else who has access to those vehicles to use
them. That is a choice that they will make, a choice that they will
make in conjunction with the security interests that they will have as
well.
Mrs. MALONEY of New York. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, if the gentleman is so certain that current
officeholders are already covered, I would ask him to cite the specific
provisions of election law that applies. Just tell me where in the
Federal Election Act, and I will not yield, the gentleman may talk on
his own time. It says that current officeholders are blocked from using
Government travel for political purposes, but the challengers are not.
I have a letter from the Chair of the FEC which says that no provision
of current law covers it.
Mr. Chairman, I yield 1 minute to the gentlewoman from California
(Ms. Lofgren), my good friend.
Ms. LOFGREN. Mr. Chairman, this partisan amendment is overtly aimed
at the First Lady of the United States and no one else. Now candidates
in Government planes pay back the Government for any part of their
travel which is campaign related. If a candidate has to be guarded by
the Secret Service, the FEC accommodates that in the cost calculation.
That is the right thing to do.
A democratic Nation requires physical safety for public officials,
and by the way, keeping the First Family safe benefits us all. This
dangerous amendment also violates the Constitution's equal protection
clause. Federal candidates who are not officeholders would pay, but not
candidates who are already elected.
Mr. Chairman, that is a brand-new loophole for the in-crowd. The
effect would be to repeal the repayment rule, but only for those
already elected to a federal office. It could benefit every Member of
this House, but not those who challenge us.
This amendment creates special protections for federal officeholders
that singles out the First Lady for bad treatment. It is bad policy, it
is unconstitutional, it is petty, and it is unchivalrous. It deserves
to be voted down.
Mrs. MALONEY of New York. Mr. Chairman, I yield the balance of my
time to the distinguished gentleman from Maryland (Mr. Hoyer), the
leader of the Democratic party.
The CHAIRMAN. The gentleman from Maryland (Mr. Hoyer) is recognized
for 30 seconds.
Mr. HOYER. Mr. Chairman, I thank the gentlewoman from New York for
yielding this time to me.
We ought to reject this amendment. This is a large issue which we are
debating, campaign finance reform. The American public wants campaign
finance reform.
We ought not to mire ourselves in the petty politics, as the
gentlewoman indicated. The gentleman from Pennsylvania says he did not
mention the First Lady. He did not have to. He cannot mention anybody
else that this affects. He cannot mention anybody else that this
affects right off the top of his head. Mr. Chairman, I know it, and my
colleagues know it. This is trying to make a petty political point to
distract our attention from a major reform bill.
Reject this amendment.
The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentleman from New
York (Mr. Sweeney).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. HOYER. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 283, further proceedings
on the amendment offered by the gentleman from New York (Mr. Sweeney)
will be postponed.
It is now in order to consider Amendment No. 9 printed in House
Report 106-311.
Amendment No. 9 Offered by Mr. DeLay
Mr. DeLAY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 9 offered by Mr. DeLAY:
Insert after title XV the following new title (and
redesignate the succeeding provisions and conform the table
of contents accordingly):
TITLE XVI--EXEMPTION OF INTERNET ACTIVITIES FROM REGULATION
SEC. 1601. EXEMPTION OF INTERNET ACTIVITIES FROM REGULATION
UNDER FECA.
Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.), as amended by sections 101, 401, 507,
510, 515, 1001, and 1101, is further amended by adding at the
end the following new section:
``exemption of internet activities
``Sec. 330. (a) In General.--Except as provided in
subsection (b), none of the limitations, prohibitions, or
reporting requirements of this Act shall apply to any
activity carried out through the use of the Internet or to
any information disseminated through the Internet.
``(b) Exception.--Subsection (a) shall not apply to the
solicitation or receipt of contributions.
``(c) Internet Defined.--The term `Internet' means the
international computer network of both Federal and non-
Federal interoperable packet-switched data networks.''.
The CHAIRMAN. Pursuant to House Resolution 283, the gentleman from
Texas (Mr. DeLay) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas (Mr. DeLay).
Mr. DeLAY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment will prevent the burdensome restrictions
and regulations in Shays-Meehan from applying to the Internet. Shays-
Meehan will impose unprecedented free speech restrictions and
discussions on the Internet. Chat rooms, e-mail and personal Web pages
will all be regulated by the Federal Government if Shays-Meehan, as
drafted, becomes law.
I want to take a minute to show my colleagues how overreaching some
of these restrictions are. This Web site right here was created by an
anonymous, private person who supports the gentleman from Missouri (Mr.
Gephardt), the minority leader. The purpose of this site is to tell
other people why Dick Gephardt and other Democrats are good people.
Simply put, this private citizen is exercising his first amendment
rights to communicate. But under Shays-Meehan, this site would violate
the law.
First of all, the site clearly falls within the broad and burdensome
express advocacy definition in Shays. Second, this person does not
disclose their name and address, which Shays-Meehan would require. And
third, the person has not submitted proper information to the FEC
concerning the independent expenditure.
Now I want my colleagues to look at this Web site. This is the Nazi
Party home page that freely distributes its hate and its filth across
the Web. Under Shays-Meehan, this site is not regulated. These hate
mongers can distribute their opinions under the protection of the first
amendment without regulation.
Now I find it very disturbing that an informational site like this
private citizen who supports the gentleman from Missouri (Mr. Gephardt)
will be regulated while this Nazi Web site can freely distribute its
filth. What is the sense in this legislation?
The Internet is a medium that allows individuals to engage in
political discourse without regulation. I believe we should encourage
this dialogue, not discourage it through burdensome regulations.
Citizens should not be forced to register their Web sites with the
Federal Government, and my amendment protects the rights of individuals
[[Page H8256]]
who want to engage in political communication on the Internet.
Even Democrat FEC Commissioner Karl Sandstrom supports this approach,
stating that the best remedy for questionable information is more
information, and our goal should be to encourage, not discourage, this
new form of political participation.
So, Mr. Chairman, I could not agree more. We must defend the
constitutionally guaranteed freedom of speech, and I urge my colleagues
to oppose the burdensome Internet restrictions in Shays-Meehan and
support this free speech amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. DAVIS of Florida. Mr. Chairman, I rise to claim the time in
opposition to the amendment.
The CHAIRMAN. The gentleman from Florida (Mr. Davis) is recognized
for 5 minutes.
Mr. DAVIS of Florida. Mr. Chairman, I yield 2 minutes to the
gentleman from California (Mr. Campbell).
Mr. CAMPBELL. Mr. Chairman, I would like to begin, if my colleague
would promise to be brief in his response, with a colloquy with the
distinguished majority whip. Do I take him to say that he would like to
impose regulation on that Nazi website?
Mr. DeLAY. Mr. Chairman, will the gentleman yield?
Mr. CAMPBELL. I yield to the gentleman from Texas.
Mr. DeLAY. Absolutely not. I am for free speech, and I want open and
free speech.
Mr. CAMPBELL. Reclaiming my time then, the gentleman's point about
the unfair treatment is really not very based in fact in that he would
have no regulation of either website. He pointed out that perhaps the
Nazi site should be regulated.
Mr. DeLAY. If the gentleman would yield, I never said that.
Mr. CAMPBELL. Mr. Chairman, I will allow the gentleman from Texas to
correct it as I ask him the second question.
First off, let me just suppose for a moment this Gephardt For
President web ad was paid for by the Red Chinese Communists. They put
this money to put this ad on the web, and as I understand it, the
gentleman's position would be that nobody would know that this was
financed by the Communists in China--or similarly banner ads on the web
that they can put on at huge expense, spending say, $10 million.
Is that correct? Do I understand the gentleman's position.
Mr. Chairman, I continue to yield to the gentleman from Texas.
Mr. DeLAY. If the gentleman will yield, first of all, I think it is a
specious argument because I do not know how we would require the
Chinese to file with the FEC, number one; and it just points out how
when we seek regulating free speech, how complicated it can get.
Mr. CAMPBELL. Reclaiming the time, it is apparent to me that the
gentleman would not do anything to disclose the Red Chinese Communists
funding a huge campaign for a candidate for office in the United
States, provided they use the Internet loophole which his amendment
creates, and that is exactly the reason why we have disclosure.
Shays-Meehan does nothing to prohibit free speech, but it does
protect free speech by guaranteeing disclosure so that if the Red
Chinese Communists are behind the gentleman from Missouri (Mr.
Gephardt) for president, a possibility which I do not entertain, it
would be known by the people of the United States.
What is going on in this amendment is absolutely clear. Just read it.
It says ``Except as provided in subsection (b),'' which deals with
fund-raising, ``none of the limitations, prohibitions or reporting
requirements of this Act shall apply to any activity carried out
through the use of the Internet,'' [emphasis added] Not even the
reporting requirements would apply.
I think I was asked to speak on this because my district cares more
about the Internet, I suspect, than the average, but fair is fair. If
the means of dissemination are to be controlled, the Internet should be
covered no more and no less.
Mr. DeLAY. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Dreier).
Mr. DREIER. Mr. Chairman, I rise in strong support of this amendment.
As a general policy, the Government should not try to control or
regulate the Internet, and I think most of the 90 million Americans who
send e-mail or surf the Web would totally agree with us on this.
Last year we overwhelmingly approved the Internet Tax Freedom Act. We
were wise enough to allow commerce on the Web to grow and flourish
unfettered by Government interference before trying to tax or control
it, and I believe that keeping Government bureaucracies out of the
business of regulating political speech on the Web is a very important
thing for us to do.
This is not a partisan statement at all. In fact, a Democratic
commissioner of the Federal Election Commission recently said the
Internet changes politics. On the Internet every woman and man is a
potential publisher. One need only visit the Web page of a
sophisticated high school student to see how slim a technical advantage
media giants enjoy.
The Government should not involve itself in regulating free speech,
and I believe that support of this amendment is the most responsible
thing that we can do.
Mr. DAVIS of Florida. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from Maine (Mr. Allen).
Mr. ALLEN. Mr. Chairman, I rise in strong opposition to the DeLay
amendment. It is a poison pill that jeopardizes today's bipartisan
effort to reform our campaign finance system.
The DeLay amendment exempts activities on the Internet from federal
campaign finance laws. While proponents say they are protecting the
Internet and protecting political speech, the DeLay proposal, if
enacted, would endanger the Internet and stifle the voice of the
average citizen. It is a step backwards; it is anti-reform.
First, it creates a potentially huge loophole through which big
donors, corporations, and unions could pour unlimited funds into
Internet ad campaigns to directly promote the election or defeat of a
candidate. This would spread the disease of sham issue ads from the TV
to the Internet.
Second, the DeLay amendment opens a loophole that would allow State
parties to suspend unlimited amounts of soft money on Internet
activities to influence federal elections.
Third, the DeLay amendment could undermine the FEC's authority to
require mandatory electronic filing of campaign reports. That is hardly
in the spirit of full disclosure so strongly advocated by the majority
whip.
Despite the claims of the DeLay proponents, Shays-Meehan specifically
allows nonpartisan voter guides to be distributed on the Internet as
well as other venues. Despite the claim of DeLay proponents, the Shays-
Meehan reform bill does not impose restrictions on users of e-mail or
Internet chat rooms. Political discussion there is as protected and
cherished as it is in the corner barber shop or a neighbor's living
room. Shays-Meehan does not require people to list their Web sites with
the Federal Government.
Mr. Chairman, the Internet is growing at an exponential rate.
Congress thus far has taken a hands-off policy to let the Internet grow
and flourish. The DeLay amendment, however, could undermine the freedom
of the Internet by making it the favored conduit for special interests
to fund soft money and stealth issue ads into federal campaigns.
Let us not poison the Internet and poison our democracy with this
poison pill.
{time} 1845
Mr. DeLAY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, in introducing the chairman of the Internet Caucus, the
gentleman from Virginia (Mr. Goodlatte), I would just say the Internet
is pure free speech. That is what makes it a powerful force for freedom
around the world and here in the United States.
Mr. Chairman, I yield 1 minute to the gentleman from Virginia (Mr.
Goodlatte).
Mr. GOODLATTE. Mr. Chairman, I thank the gentleman from Texas (Mr.
DeLay) for yielding and for offering this amendment, which I urge my
colleagues to support.
Mr. Chairman, the Internet has the potential to be a revolutionary
force in the evolution of our system of democratic governance. The
ability of citizens to share information at relatively
[[Page H8257]]
little cost enables all Americans to become active participants in the
political process.
In response to the gentleman from California (Mr. Campbell), there is
no way to control what people outside the U.S. put on the Internet any
more than the Chinese can control what U.S. citizens put on the
Internet.
For the gentleman to attempt to regulate some poor soul who wants to
have a web site promoting the gentleman from Missouri (Mr. Gephardt) or
any other American citizen running for office is an outrage, and we
should strongly support this amendment and protect free speech on the
Internet.
Mr. DAVIS of Florida. Mr. Chairman, I yield myself the balance of my
time.
The CHAIRMAN. The gentleman is recognized for 1 minute.
Mr. DAVIS of Florida. Mr. Chairman, I think it is important to point
out exactly what the bill does. The bill does not single out the
Internet in any fashion. It is for exactly the reasons that were
expressed by Mr. DeLay. He cited a commissioner that said that the
Internet is going to bring about great change.
One of the arguments that is constantly made by the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from California (Mr. Dreier)
is that we should not take a snapshot of the Internet in an attempt to
decide exactly what is going on there. This is a very fluid situation.
That is why it needs to be studied. That is exactly what the FEC is
doing. They are studying how the Internet is going to affect politics,
and it will be a positive force.
Meanwhile, we are here on the floor of the House today debating the
proposition that if somebody is going to intend to influence the
outcome of an election, whatever medium they should choose, they should
have to stand up and attach their name to anything that they intend to
say or do.
Those people that are ashamed of the political advertising that they
are engaged in today, so ashamed that they do not want to put their
names on it, will resort to any media to accomplish that dirty deed. We
need to put it to a stop. We need to adopt the issue ad restrictions in
this bill. We need to defeat this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas (Mr. DeLay).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. DAVIS of Florida. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 283, further proceedings
on the amendment offered by the gentleman from Texas (Mr. DeLay) will
be postponed.
It is now in order to consider amendment No. 10 printed in House
Report 106-311.
Amendment No. 10 offered by Mr. Ewing
Mr. EWING. Mr. Chairman, I offer amendment No. 10.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 10 offered by Mr. Ewing:
Strike section 1601 and insert the following (and conform
the table of contents accordingly):
SEC. 1601. NONSEVERABILITY OF PROVISIONS.
If any provision of this Act or any amendment made by this
Act, or the application thereof to any person or
circumstance, is held invalid, the remaining provisions of
this Act or any amendment made by this Act shall be treated
as invalid.
In the heading for title XVI, strike ``SEVERABILITY'' and
insert ``NONSEVERABILITY'' (and conform the table of contents
accordingly).
The CHAIRMAN. Pursuant to House Resolution 283, the gentleman from
Illinois (Mr. Ewing) and the gentleman from Massachusetts (Mr. Frank)
each will control 5 minutes.
The Chair recognizes the gentleman from Illinois (Mr. Ewing).
Mr. EWING. Mr. Chairman, I yield myself such time as I may consume.
First and foremost, I support campaign finance reform. Leadership
supports campaign finance reform. Both the gentleman from Connecticut
(Mr. Shays) and the gentleman from Massachusetts (Mr. Meehan) support
campaign finance reform. However, this debate should center around real
campaign finance reform, reform that closes loopholes that have tainted
the current system; reforms which treat both political parties fairly;
and reforms that protect the First Amendment rights of all Americans.
My amendment is about preserving the First Amendment rights of all
Americans by enacting constitutionally accepted campaign finance
reform.
In a hearing before the Committee on House Administration,
constitutional experts from the ACLU to the Cato Institute indicated
that Shays-Meehan was very seriously constitutionally flawed. In fact,
those witnesses believed that important elements of the Shays-Meehan
bill would be unconstitutional.
The proponents have indicated that Shays-Meehan is constitutional in
all its major provisions. Yet, if the Court rules that any key
provision of this bill is unconstitutional, this would put an
unprecedented monkey wrench into our current system and make a bad
situation worse.
Congress went down this road in the 1970s when it enacted laws
without nonseverability provisions. This created the soft money problem
we are trying to address today.
My amendment says one simple thing. If any part of the Shays-Meehan
bill is ruled unconstitutional, then the entire bill becomes invalid.
All the Ewing amendment does is provide a constitutional check for the
bill. Recently, supporters of Shays-Meehan have declared my amendment a
poison pill to their legislation. It seems to me that the proponents
believe that much of this bill is unconstitutional and that is why they
are opposed to my amendment.
If the supporters of Shays-Meehan feel that their bill will stand the
constitutional test, then why should they have any problem with
supporting this amendment?
Mr. Chairman, I reserve the balance of my time.
Mr. FRANK of Massachusetts. Mr. Chairman, I yield 2 minutes to the
gentleman from California (Mr. Campbell).
Mr. CAMPBELL. Mr. Chairman, I have a great degree of admiration for
my good friend and colleague who proposes this amendment. And I have
some sympathy for the concept of the amendment because, when the
original bill was passed in 1974, it had expenditure limits and it had
contribution limits. And I can understand how the two would march
together or not at all. But that simply is not the case with Shays-
Meehan.
In other words, there is in Shays-Meehan a prohibition on sham issue
ads. That is a good prohibition whether the rest stands or falls. There
is in Shays-Meehan a prohibition on contributions of a soft money
nature. That is a good prohibition whether sham issue ads stand or
fall. In other words, this bill is unlike the 1974 bill where, in order
to get expenditure limits, one had to have contribution limits, and
vice versa. Here, both are good. There is no quid pro quo. There is
not, for example, a sacrifice that Democrats make in order to get a
sacrifice for Republicans to make. Both provisions of this bill, the
sham issue ad ban and the prohibition on soft money, are good.
Second, I think it is only fair that the authors of Shays-Meehan be
allowed to offer their proposal and have it voted on as their proposal.
Third, I would just like to point out to all of our colleagues how
frequently unanticipated provisions of bills are struck down. The
clearest example of this is the one House veto, the legislative veto,
struck down by the Supreme Court in INS versus Chadha. Nobody
anticipated that. That same provision is in the laws about transfer of
arms sales. It is in the war powers resolution. The war powers
resolution, that allowed me to bring to the floor of the House the
resolutions regarding Kosovo, had another provision saying that a
single House could, by its order alone, withdraw the troops. We would
have lost the entire bill, the entire value, the entire ability to
bring the vote to the floor, simply because an unanticipated part was
held to be unconstitutional.
Finally, I remain of the view that this bill is in all its parts
quite constitutional, but I recognize people of goodwill can disagree.
If one believes it is unconstitutional, which is the view of my good
friend and colleague, then it seems to me just fairness would suggest
that unless there is some overt quid pro quo in making this fabric into
[[Page H8258]]
one consistent whole, that he allow those parts which are
constitutional to go ahead and work their beneficial effect.
With that, I conclude that the amendment though well intentioned is
not the best way to proceed in this debate tonight.
Mr. EWING. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Thomas).
(Mr. THOMAS asked and was given permission to revise and extend his
remarks.)
Mr. THOMAS. Mr. Chairman, although I appreciate the argument of my
friend, the gentleman from California (Mr. Campbell), the idea that a
portion of a significant campaign reform bill ought to be allowed to
stand, notwithstanding the fact that other provisions are declared
unconstitutional, is exactly why we are where we are today because back
in the 1970s they attempted to use the model, and we have heard this
phrase repeatedly on the floor, that we want to stop corruption or the
appearance of corruption.
The court, I think quite properly, looked at contribution limits and
said if we limit the amount that someone was given it certainly could
be plausible that the limit was there to stop corruption or the
appearance of corruption but in no way should it extend to the
expenditure of money. How does spending money corrupt?
The court then took that same logic and applied it to individuals who
spent their own money and a key portion of Shays-Meehan that we have
been concerned about is those individuals who make independent
expenditures exercising their First Amendment freedom.
We heard the gentleman from Florida (Mr. Davis) in his opening
statement say Shays-Meehan is constitutional. We heard the gentleman
from California (Mr. Campbell) say they believe it is constitutional.
What we ought not to do is go down the same road we went down 25 years
ago with campaign election reform.
Any structure is balanced. If we can come to an agreement now and the
court throws out a portion, we ought to be able to come back and come
to an agreement on a whole, not on a piece. For more than 25 years, we
have operated on a piece. It seems that if we want to go down the
reform road again, we ought to opt as a whole. It is either all
constitutional or if a portion of it is not, it all falls and we do it
again.
The only way to stop repeating exactly what we have done in the last
25 years is to say there should be no severability clause; that it all
stands or it all falls. That is exactly what the Ewing amendment does.
It ought to pass.
Mr. FRANK of Massachusetts. Mr. Chairman, how much time remains?
The CHAIRMAN. The gentleman from Massachusetts (Mr. Frank) has 3
minutes remaining. The gentleman from Illinois (Mr. Ewing) has 45
seconds.
Mr. FRANK of Massachusetts. Might I make a parliamentary inquiry. Do
I correctly assume the gentleman from Illinois (Mr. Ewing) plans to
close with his 45 seconds and not divide it?
Mr. EWING. The gentleman is correct.
Mr. FRANK of Massachusetts. Mr. Chairman, I yield myself such time as
I may consume.
Mr. Chairman, we have just seen a demonstration that while proximity
may breed contempt, it can also breed familiarity because my ally on
this issue, the gentleman from California (Mr. Campbell), anticipated
the argument we just heard and refuted it before it was made; a very
impressive feat. As he pointed out, this is not at all analogous to the
1974 act because it is not meant to be interlocking, and that is why
this is a sham amendment.
The gentleman says well, if we think it is all constitutional what
are we worried about? Well, I do not know what the Supreme Court will
do and no one else does. It is entirely possible they will find some
parts constitutional. It is clear that other parts will not be found
constitutional.
The gentleman from California (Mr. Thomas), who just spoke, said they
have different standards for contribution limits and expenditure
limits. When we are talking about soft money, we are talking about
contributions and that would clearly be constitutional.
This is an effort to try to kill the whole thing, if any part of it
fails, by people who are against it.
By the way, if we adopted this principle that we do not have
severability clauses, guess what we would not have? The
Telecommunications Act of 1996. We passed the Telecommunications Act.
Maybe some people who voted for it wish we did not have it, but we have
it. Part of it was found unconstitutional, the Communications Decency
Act.
We would not have a Brady bill. Now, that may make some people happy,
although probably fewer than would have said they were happy a couple
of months ago, but the Brady bill was found partly unconstitutional,
the part that mandated that local officials go ahead with it. It was
only because there was a severability clause that we still have handgun
checks, because if we followed this notion that it all has to be
balanced and of a piece and it is either all constitutional or all
unconstitutional there would be no handgun checks now.
We would not have a privacy right for children because when my
colleague, the gentleman from Massachusetts (Mr. Markey), offered a
privacy right to children, which was just done last year, it was merged
with another obscenity bill, which has already been found
unconstitutional at the district court level by a Reagan appointee.
So this notion that it all hangs or falls together is simply a way to
try to hang this whole bill by people who are against it. The gentleman
from California (Mr. Thomas), who just spoke, said we all have to come
to an agreement. Let us be honest. We are not coming to an agreement.
The gentleman happens to be in disagreement with the majority on this
bill. He is entitled to that, but he is not entitled to twist our
normal constitutional doctrines around so that if the Supreme Court
found any one piece of this unconstitutional, maybe the Supreme Court
will find that there is a constitutional right of noncitizens to
contribute, so maybe the majority that voted for the amendment will
have then succeeded in killing the whole thing.
That is a nice way to go; there is a nonseverability clause, put
through an amendment of dubious constitutionality, and then kill the
whole bill. The fact is that we are not sure what will happen, but the
key point was made by the gentleman from California. This is not an
interlocking piece of jigsaw. It is a bill with several distinct
provisions. If some part of the independent expenditure is held
unconstitutional, that in no way makes it wrong to try to ban soft
money, in no way. It in no way undercuts it. So, please, reject this
silly notion that it is all constitutional or not and save Shays-
Meehan.
Mr. EWING. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me try to clear away some of this smoky rhetoric
that has been put out here to mask the problem here.
This bill is an intricate interlocked bill that affects the
Democratic Party and the Republican Party, and the part that affects
the Republican Party is soft money and that will be constitutional; and
the part that affects the Democratic Party is the issue advocacy and
that will be unconstitutional. When we are done, we will have an unfair
bill that does not treat both parties fairly and the gentleman knows it
and I know it and that is why we should adopt this amendment.
Mr. ENGLISH. Mr. Speaker, I rise in strong support of the Ewing
Amendment to H.R. 417. This amendment is a vital component to any
meaningful campaign finance reform passed by the House today.
True advocates of campaign finance reform favor legislation that can
survive legal challenge and remain balanced, that is, without unduly
favoring one party or ideolgical grouping over another.
Many provisions of the Shays-Meehan bill that are most susceptible to
unfavorable legal review are those most critical to the maintenance of
this balance.
The Ewing Amendment fixes this by subjecting the entire Shays-Meehan
bill to a rigorous test of Constitutionality. Non-severability is the
true test of sincere reform. If my colleagues who support the Shays-
Meehan bill really believe in the campaign finance reform package they
are touting as the one real reform being debated today, I urge them to
vote for this amendment.
Mr. EWING. Mr. Chairman, I yield back the balance of my time.
[[Page H8259]]
{time} 1900
The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentleman from
Illinois (Mr. Ewing).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Recorded Vote
Mr. FRANK of Massachusetts. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 283, further proceedings
on the amendment offered by the gentleman from Illinois (Mr. Ewing)
will be postponed.
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN. Pursuant to House Resolution 283, proceedings will now
resume on those amendments on which further proceedings were postponed
in the following order:
Amendment No. 7 offered by Mr. Calvert of California; Amendment No. 8
offered by Mr. Sweeney of New York; Amendment No. 9 offered by Mr.
DeLay of Texas; Amendment No. 10 offered by Mr. Ewing of Illinois.
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 7 offered by Mr. Calvert
The CHAIRMAN. The pending business is the demand for a recorded vote
on Amendment No. 7 offered by the gentleman from California (Mr.
Calvert) on which further proceedings were postponed and on which the
noes prevailed by voice note.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 179,
noes 248, not voting 6, as follows:
[Roll No. 415]
AYES--179
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bereuter
Bilbray
Bilirakis
Blunt
Boehner
Bono
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Chabot
Chambliss
Chenoweth
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cramer
Crane
Cubin
Cunningham
Davis (VA)
Deal
DeLay
DeMint
Diaz-Balart
Dickey
Doolittle
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Foley
Fowler
Gallegly
Gekas
Gibbons
Gillmor
Goode
Goodlatte
Goodling
Goss
Graham
Granger
Green (WI)
Gutknecht
Hall (TX)
Hansen
Hastings (WA)
Hayworth
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hutchinson
Isakson
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kelly
Knollenberg
Kolbe
Kuykendall
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Manzullo
McCollum
McCrery
McHugh
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Moran (VA)
Nethercutt
Ney
Northup
Norwood
Nussle
Ose
Oxley
Pease
Peterson (MN)
Peterson (PA)
Petri
Pitts
Pombo
Portman
Radanovich
Regula
Riley
Rogan
Rohrabacher
Royce
Ryan (WI)
Salmon
Sanford
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Sherwood
Shimkus
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Stump
Sweeney
Talent
Tancredo
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Traficant
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Weldon (FL)
Weller
Wicker
Wolf
Young (FL)
NOES--248
Abercrombie
Ackerman
Allen
Andrews
Baird
Baldacci
Baldwin
Barr
Barrett (WI)
Bass
Bateman
Becerra
Bentsen
Berkley
Berman
Berry
Biggert
Bishop
Blagojevich
Bliley
Blumenauer
Boehlert
Bonilla
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Campbell
Capps
Capuano
Cardin
Carson
Castle
Clay
Clayton
Clement
Clyburn
Coble
Conyers
Cox
Coyne
Crowley
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Dreier
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Fletcher
Forbes
Ford
Fossella
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Ganske
Gejdenson
Gephardt
Gilchrest
Gilman
Gonzalez
Gordon
Green (TX)
Greenwood
Gutierrez
Hall (OH)
Hayes
Hefley
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Horn
Houghton
Hoyer
Hyde
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kasich
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Larson
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McInnis
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Packard
Pallone
Pascrell
Pastor
Paul
Pelosi
Phelps
Pickering
Pickett
Pomeroy
Porter
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Reyes
Reynolds
Rivers
Rodriguez
Roemer
Rogers
Rothman
Roukema
Roybal-Allard
Rush
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Scott
Serrano
Shays
Sherman
Shows
Simpson
Sisisky
Skelton
Slaughter
Smith (WA)
Snyder
Spence
Spratt
Stabenow
Stark
Stenholm
Strickland
Stupak
Sununu
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Toomey
Towns
Turner
Udall (CO)
Udall (NM)
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (PA)
Wexler
Weygand
Whitfield
Wilson
Wise
Woolsey
Wu
Wynn
Young (AK)
NOT VOTING--6
Hastings (FL)
Kingston
Payne
Pryce (OH)
Ros-Lehtinen
Shaw
{time} 1922
Ms. KILPATRICK and Messrs. WEYGAND, FLETCHER, PICKERING, and ACKERMAN
changed their vote from ``aye'' to ``no.''
Messrs. SAXTON, ISAKSON, CANNON, WAMP, CRAMER, LUTHER, WICKER, TAYLOR
of Mississippi, PITTS, and MORAN of Virginia changed their vote from
``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Announcement by the Chairman
The CHAIRMAN. Pursuant to House Resolution 283, the Chair announces
that he will reduce to a minimum of 5 minutes the period of time within
which a vote by electronic device will be taken on each amendment on
which the Chair has postponed further proceedings.
Amendment No. 8 Offered by Mr. Sweeney
The CHAIRMAN. The pending business is the demand for a recorded vote
on amendment No. 8 offered by the gentleman from New York (Mr. Sweeney)
on which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 261,
noes 167, not voting 5, as follows:
[Roll No. 416]
AYES--261
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Boswell
Boucher
Brady (TX)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Coble
Coburn
Collins
Combest
Cook
Cooksey
Cox
[[Page H8260]]
Cramer
Crane
Cubin
Cunningham
Danner
Davis (VA)
Deal
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dixon
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (WI)
Greenwood
Gutknecht
Hall (TX)
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilleary
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
Jefferson
Jenkins
John
Johnson (CT)
Johnson, Sam
Jones (NC)
Kaptur
Kasich
Kelly
Kildee
Knollenberg
Kolbe
Kuykendall
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas (KY)
Lucas (OK)
Luther
Manzullo
McCollum
McCrery
McHugh
McInnis
McIntosh
McIntyre
McKeon
McNulty
Metcalf
Mica
Miller (FL)
Miller, Gary
Miller, George
Minge
Moore
Moran (KS)
Morella
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Ose
Oxley
Packard
Paul
Pease
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Pombo
Pomeroy
Porter
Portman
Quinn
Radanovich
Ramstad
Regula
Reynolds
Riley
Roemer
Rogan
Rogers
Rohrabacher
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sandlin
Sanford
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shays
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Stearns
Stenholm
Strickland
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Toomey
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Wu
Young (AK)
Young (FL)
NOES--167
Abercrombie
Ackerman
Allen
Andrews
Baird
Baldacci
Baldwin
Barcia
Barrett (WI)
Becerra
Bentsen
Berman
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boyd
Brady (PA)
Brown (FL)
Campbell
Capps
Capuano
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Crowley
Cummings
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Frank (MA)
Frost
Gejdenson
Gephardt
Green (TX)
Gutierrez
Hall (OH)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holt
Hooley
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Johnson, E. B.
Jones (OH)
Kanjorski
Kennedy
Kilpatrick
Kind (WI)
King (NY)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Larson
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Maloney (CT)
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McKinney
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Mink
Moakley
Mollohan
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Pickett
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sawyer
Schakowsky
Scott
Serrano
Sherman
Slaughter
Snyder
Spratt
Stabenow
Stark
Stupak
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Weiner
Wexler
Weygand
Wise
Woolsey
Wynn
NOT VOTING--5
Hastings (FL)
Kingston
Pryce (OH)
Ros-Lehtinen
Shaw
{time} 1931
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 9 offered by Mr. DeLay
The CHAIRMAN. The pending business is the demand for a recorded vote
on amendment No. 9 offered by the gentleman from Texas (Mr. DeLay) on
which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 160,
noes 268, not voting 5, as follows:
[Roll No. 417]
AYES--160
Aderholt
Archer
Armey
Baker
Ballenger
Barr
Bartlett
Barton
Bateman
Biggert
Bliley
Blunt
Boehner
Bonilla
Bono
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Chambliss
Chenoweth
Coble
Coburn
Collins
Combest
Cooksey
Crane
Cubin
Cunningham
Davis (VA)
DeLay
DeMint
Diaz-Balart
Dickey
Doolittle
Dreier
Dunn
Ehlers
Ehrlich
English
Everett
Ewing
Fletcher
Fossella
Fowler
Gibbons
Goode
Goodlatte
Goodling
Goss
Granger
Gutknecht
Hall (TX)
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra
Hostettler
Hulshof
Hutchinson
Istook
Jenkins
Johnson, Sam
Jones (NC)
Kasich
King (NY)
Knollenberg
Kolbe
Largent
Latham
Lewis (CA)
Lewis (KY)
Linder
Lucas (OK)
Manzullo
McCrery
McInnis
McIntosh
McKeon
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Nethercutt
Ney
Northup
Norwood
Nussle
Oxley
Packard
Paul
Pease
Peterson (MN)
Peterson (PA)
Pickering
Pitts
Pombo
Radanovich
Reynolds
Riley
Rogan
Rogers
Rohrabacher
Royce
Ryan (WI)
Ryun (KS)
Salmon
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Sherwood
Shimkus
Shuster
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Toomey
Traficant
Vitter
Walden
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Whitfield
Wicker
Wilson
Wu
Young (AK)
Young (FL)
NOES--268
Abercrombie
Ackerman
Allen
Andrews
Bachus
Baird
Baldacci
Baldwin
Barcia
Barrett (NE)
Barrett (WI)
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Bilbray
Bilirakis
Bishop
Blagojevich
Blumenauer
Boehlert
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Campbell
Capps
Capuano
Cardin
Carson
Castle
Chabot
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Cook
Costello
Cox
Coyne
Cramer
Crowley
Cummings
Danner
Davis (FL)
Davis (IL)
Deal
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Edwards
Emerson
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Foley
Forbes
Ford
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Gordon
Graham
Green (TX)
Green (WI)
Greenwood
Gutierrez
Hall (OH)
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Horn
Houghton
Hoyer
Hunter
Hyde
Inslee
Isakson
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (CT)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
Kuykendall
LaFalce
LaHood
Lampson
Lantos
Larson
LaTourette
Lazio
Leach
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McHugh
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Millender-McDonald
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Petri
Phelps
Pickett
Pomeroy
Porter
Portman
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Regula
Reyes
[[Page H8261]]
Rivers
Rodriguez
Roemer
Rothman
Roukema
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Schakowsky
Scott
Serrano
Shays
Sherman
Shows
Sisisky
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stabenow
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thune
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Walsh
Wamp
Waters
Watt (NC)
Waxman
Weiner
Weller
Wexler
Weygand
Wise
Wolf
Woolsey
Wynn
NOT VOTING--5
Hastings (FL)
Kingston
Pryce (OH)
Ros-Lehtinen
Shaw
{time} 1941
Mr. McCOLLUM changed his vote from ``aye'' to ``no''.
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 10 Offered by Mr. Ewing
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment No. 10 offered by the gentleman from Illinois (Mr.
Ewing) on which further proceedings were postponed and on which the
ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 167,
noes 259, not voting 7, as follows:
[Roll No. 418]
AYES--167
Aderholt
Archer
Armey
Ballenger
Barcia
Barr
Bartlett
Barton
Bateman
Biggert
Bliley
Blunt
Boehner
Bonilla
Bono
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Chambliss
Chenoweth
Coburn
Collins
Combest
Cooksey
Cox
Crane
Cunningham
DeLay
DeMint
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fletcher
Fossella
Fowler
Frost
Gekas
Gibbons
Gillmor
Goodlatte
Goss
Granger
Green (WI)
Gutknecht
Hall (TX)
Hansen
Hastings (WA)
Hayes
Hayworth
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hutchinson
Hyde
Istook
Jenkins
Johnson, Sam
Jones (NC)
Kasich
King (NY)
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lucas (OK)
Manzullo
McCollum
McCrery
McInnis
McIntosh
Mica
Miller (FL)
Miller, Gary
Mollohan
Nethercutt
Ney
Northup
Norwood
Obey
Oxley
Packard
Paul
Pease
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Radanovich
Reynolds
Riley
Rogers
Rohrabacher
Royce
Ryan (WI)
Ryun (KS)
Sabo
Salmon
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Sherwood
Shimkus
Shuster
Simpson
Skeen
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Toomey
Traficant
Vitter
Walden
Walsh
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Young (AK)
Young (FL)
NOES--259
Abercrombie
Ackerman
Allen
Andrews
Bachus
Baird
Baker
Baldacci
Baldwin
Barrett (NE)
Barrett (WI)
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Bilbray
Bilirakis
Bishop
Blagojevich
Blumenauer
Boehlert
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Campbell
Capps
Capuano
Cardin
Carson
Castle
Chabot
Clay
Clayton
Clement
Clyburn
Coble
Condit
Conyers
Cook
Costello
Coyne
Cramer
Crowley
Cummings
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Foley
Forbes
Ford
Frank (MA)
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gejdenson
Gephardt
Gilchrest
Gilman
Gonzalez
Goode
Goodling
Gordon
Graham
Green (TX)
Greenwood
Gutierrez
Hall (OH)
Hefley
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Horn
Houghton
Hoyer
Inslee
Isakson
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (CT)
Johnson, E.B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
Kuykendall
LaFalce
Lampson
Lantos
Larson
Lazio
Leach
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHugh
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Millender-McDonald
Miller, George
Minge
Mink
Moakley
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nussle
Oberstar
Olver
Ortiz
Ose
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Phelps
Pickett
Pomeroy
Porter
Portman
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Regula
Reyes
Rivers
Rodriguez
Roemer
Rogan
Rothman
Roukema
Roybal-Allard
Rush
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Schakowsky
Scott
Serrano
Shays
Sherman
Shows
Sisisky
Skelton
Slaughter
Smith (MI)
Smith (WA)
Snyder
Spratt
Stabenow
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Wamp
Waters
Watt (NC)
Waxman
Weiner
Wexler
Weygand
Wise
Wolf
Woolsey
Wu
Wynn
NOT VOTING--7
Cubin
Hastings (FL)
Kingston
McKeon
Pryce (OH)
Ros-Lehtinen
Shaw
{time} 1948
So the amendment was rejected.
The result of the vote was announced as above recorded.
The CHAIRMAN. It is now in order to consider Amendment No. 11 in the
nature of a substitute printed in House Report 106-311.
Amendment No. 11 in the Nature of a Substitute Offered by Mr. Doolittle
Mr. DOOLITTLE. Mr. Chairman, I offer an amendment in the nature of a
substitute.
The CHAIRMAN. The Clerk will designate the amendment in the nature of
a substitute.
The text of the amendment in the nature of a substitute is as
follows:
Amendment No. 11 in the nature of a substitute offered by
Mr. Doolittle:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Legislature and
Political Freedom Act''.
SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN
CONTRIBUTIONS.
Section 315(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)) is amended by adding at the end the
following new paragraph:
``(9) The limitations established under this subsection
shall not apply to contributions made during calendar years
beginning after 2000.'.'
SEC. 3. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL
ELECTION CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--
Section 6096 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subsection:
``(d) Termination.--This section shall not apply to taxable
years beginning after December 31, 1999.''
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such Code is
amended by adding at the end the following new section:
``SEC. 9014. TERMINATION.
The provisions of this chapter shall not apply with respect
to any presidential election (or any presidential nominating
convention) after December 31, 2000, or to any candidate in
such an election.''
(B) Transfer of excess funds to general fund.--Section 9006
of such Code is amended by adding at the end the following
new subsection:
``(d) Transfer of Funds Remaining After 1998.--The
Secretary shall transfer all amounts in the fund after
December 31, 2000, to the general fund of the Treasury.''
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
[[Page H8262]]
``SEC. 9043. TERMINATION.
The provisions of this chapter shall not apply to any
candidate with respect to any presidential election after
December 31, 2000.''
(c) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9014. Termination.''
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''
SEC. 4. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY
EXPENDITURES OF POLITICAL PARTIES.
(a) Transfers of Funds by National Political Parties.--
Section 304(b)(4) of the Federal Election Campaign Act of
1971 (2 U.S.C. 434(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (H);
(2) by adding ``and'' at the end of subparagraph (I); and
(3) by adding at the end the following new subparagraph:
``(J) in the case of a political committee of a national
political party, all funds transferred to any political
committee of a State or local political party, without regard
to whether or not the funds are otherwise treated as
contributions or expenditures under this title;''.
(b) Disclosure by State and Local Political Parties of
Information Reported Under State Law.--Section 304 of such
Act (2 U.S.C. 434) is amended by adding at the end the
following new subsection:
``(d) If a political committee of a State or local
political party is required under a State or local law, rule,
or regulation to submit a report on its disbursements to an
entity of the State or local government, the committee shall
file a copy of the report with the Commission at the time it
submits the report to such an entity.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to elections occurring after January
2001.
SEC. 5. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing.--Section 304(a)(11)(A) of
the Federal Election Campaign Act of 1971 (2 U.S.C.
434(a)(11)(A)) is amended by striking ``permit reports
required by'' and inserting ``require reports under''.
(b) Requiring Reports for All Contributions Made to Any
Political Committee Within 90 Days of Election; Requiring
Reports to Be Made Within 24 Hours.--Section 304(a)(6) of
such Act (2 U.S.C. 434(a)(6)) is amended to read as follows:
``(6)(A) Each political committee shall notify the
Secretary or the Commission, and the Secretary of State, as
appropriate, in writing, of any contribution received by the
committee during the period which begins on the 90th day
before an election and ends at the time the polls close for
such election. This notification shall be made within 24
hours (or, if earlier, by midnight of the day on which the
contribution is deposited) after the receipt of such
contribution and shall include the name of the candidate
involved (as appropriate) and the office sought by the
candidate, the indentification of the contributor, and the
date of receipt and amount of the contribution.
``(B) The notification required under this paragraph shall
be in addition to all other reporting requirements under this
Act.''.
(c) Increasing Electronic Disclosure.--Section 304 of such
Act (2 U.S.C. 434(a)), as amended by section 4(b), is further
amended by adding at the end the following new subsection:
``(e)(1) The Commission shall make the information
contained in the reports submitted under this section
available on the Internet and publicly available at the
offices of the Commission as soon as practicable (but in no
case later than 24 hours) after the information is received
by the Commission.
``(2) In this subsection, the term `Internet' means the
international computer network of both Federal and non-
Federal interoperable packet-switched data networks.''.
(d) Effective Date.--The amendment made by this section
shall apply with respect to reports for periods beginning on
or after January 1, 2001.
SEC. 6. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION
ON IDENTIFICATION OF CONTRIBUTORS.
(a) In General.--Section 302(i) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to
information regarding the identification of any person who
makes a contribution or contributions aggregating more than
$200 during a calendar year (as required to be provided under
subsection (c)(3)).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to persons making contributions for
elections occurring after January 2001.
The CHAIRMAN. Pursuant to House Resolution 283, the gentleman from
California (Mr. Doolittle) and the gentleman from Maryland (Mr. Hoyer)
each will control 20 minutes.
Mr. HOYER. Mr. Chairman, I ask unanimous consent to yield 7 minutes
to the gentleman from Tennessee (Mr. Wamp) and 7 minutes to the
gentleman from Massachusetts (Mr. Meehan) and they will control that
time, leaving myself with 6 minutes.
The CHAIRMAN. Is there objection to the request of the gentleman from
Maryland?
There was no objection.
The CHAIRMAN. The gentleman from California (Mr. Doolittle) is
recognized for 20 minutes.
Mr. DOOLITTLE. Mr. Chairman, do I have the right to close on this
amendment?
The CHAIRMAN. No. The gentleman from Maryland (Mr. Hoyer), as a
member of the committee does.
Mr. DOOLITTLE. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, we have heard an awful lot about the problems of the
present system. I would like to present what I believe are the problems
with the system. I think it has tremendous problems. They are
intolerable and they cry out for reform. It is just that the nature of
the reform that I would favor is much different than the advocates of
Shays-Meehan would favor.
I believe that today's campaign finance system requires current and
prospective office-holders to spend too much time raising money and not
enough time governing and debating issues. Today's system has failed to
make elections more competitive. And indeed, since the 1974 amendments,
the disastrous system we have that was created by those amendments,
voter participation has actually declined.
Today's system allows millionaires to purchase congressional seats
and inhibits the ability of challengers to raise the funds necessary to
compete. Today's system hurts taxpayers by taking nearly $900 million
collected in federal taxes and subsidizing the presidential campaigns
of all sorts of characters, including convicted felons and
billionaires.
Today the system hurts voters in our Republic by forcing more
contributors and political activists to operate outside of the system
where they are unaccountable and consequently more irresponsible. That
latter fact is what causes the advocates of Shays-Meehan to focus upon
soft money because that is one of those areas. But they fail to
understand that what is driving soft money is the unadjusted limits on
hard money, never changed in 25 years.
Justice Thurgood Marshall in Buckley v. Valeo observed that one of
the points on which all members of the court agree is that money is
essential for effective communication in a political campaign.
David Broder, not known I do not think as a Republican, this is not a
conservative, but he wrote in the Washingtonian 3 years ago and said
the following:
``Raise the current $1,000 limit on personal campaign contributions
to $50,000. Maybe even go to $100,000.''
I note parenthetically, we could not even go to $3,000 tonight let
alone 50 or 100 like Mr. Broder has recommended.
``Today's limits are ridiculous given television and campaigning
costs. Raising that limit with full disclosure would enable some people
to make really significant contributions to help a candidate.''
My campaign finance reform goals are the following: we should
encourage political speech rather than limit it, like the supporters of
Shays-Meehan want to do. We should promote competition, freedom, and a
more informed electorate, not limit their information at the time when
people are coming awake and paying attention to politics, namely, 60
days before an election. We should enable any American citizen to run
for office, not just of the wealthy, not just the well connected. And
that tends to be the trend if we continue down this road of regulation,
like Shays-Meehan. We should increase the amount of time candidates
spend with constituents in debating issues rather than raising money.
Just last week we lost a couple of candidates for the Senate because
of this very thing. They could not put themselves through the absurd
race to raise money that the present law requires.
And lastly, we should make candidates accountable to their
constituents for the money they accept.
[[Page H8263]]
I propose to achieve those goals with the Citizen Legislature and
Political Freedom Act embodied in H.R. 1922, which is the substitute I
bring before my colleagues now.
This legislation repeals limits on how much individual and political
action committees may contribute to candidates or parties. It repeals
limits on how much parties can contribute to candidates. We think
political speech is good, and we think those limits have got to go.
This bill also terminates the horrid taxpayer financing of
presidential election campaigns that we have in place today. This
legislation requires political parties to distinguish between federal
and nonfederal funds and requires that each State party file with the
FEC a copy of the same disclosure form as filed with the State. That
way we do not add any bureaucratic requirements to what the States have
to do, but we make the information available for people to see.
We require electronic filing of campaign reports, and we require
those reports to be filed every 24 hours within 3 months of an
election. With the advent of the Internet, any person with a computer
and access to the Internet will be able to access this information. The
media, of course, will do that and it will be available for all to see.
That is why we call ours the full disclosure act because we get right
to the heart of it, and we make this information available to the
electorate rather than empowering a new government information czar.
We require the FEC to post all campaign reports on the Internet. They
do not have to go down to the government office and get the Xeroxed
copy of the report somebody mailed in months after the election. They
will have it right there on the Internet.
By the way, we also bar acceptance of campaign contributions unless
specific disclosure requirements are met. We repeal, if you will, the
best-effort rule. That is what the legislation does.
Mr. Chairman, I reserve the balance of my time.
Mr. WAMP. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
California (Mr. Bilbray), who has been very active on this issue for
many months and years now.
Mr. BILBRAY. Mr. Chairman, I regretfully have to stand in opposition
to the substitute.
I think the gentleman from California (Mr. Doolittle), my dear
colleague that I have worked so closely with for so long, has come up
with a lot of hard work and a total reform of the approach to campaign
finance reform, and I have got to give him credit for that. He has
shifted the whole perspective to a whole new view.
We may be there some day, but the fact is today we have Shays-Meehan
in front of us. We have a bill that tries to correct the problems of
campaign finance reform that was passed in the 1970s.
The proposal of the gentleman from California would totally approach
the issue totally different than we have in the last 30 years. I would
ask us to consider, let us see if we can fix the existing system before
we try to replace the entire system with a whole new approach.
Now, I happen to have had the privilege of serving as a county
supervisor in California in a county of 2.8 million people with
districts as large as congressional districts; and our campaign limits
were $250 a person, no PACs, no corporate checks, no union
participation.
Let me tell my colleagues something: it works. I just ask, do not
fear campaign finance limitations. It is an equal ground. Everybody
plays by the rules, and we move forward.
So I have to say, in all fairness, I think the gentleman from
California (Mr. Doolittle) may have a great argument, but my question
is, before we try to scrap the old system and move on, let us try to
fix the one we have in Shays-Meehan.
Mr. MEEHAN. Mr. Chairman, I yield 2 minutes to the gentleman from
Massachusetts (Mr. Tierney), a cosponsor and an author of the clean
elections bill himself.
Mr. TIERNEY. Mr. Chairman, I thank my colleague from Massachusetts
for yielding me the time, and I congratulate him on once again having
the tenacity to stay with the Shays-Meehan bill and bring it back to
this House.
With all due respect, I suggest that the proposal by our colleague
from California is a step backwards, certainly not a step forward. I
would say that we should support the Shays-Meehan bill and note that
that is in fact only a partial reform.
The bill that I propose pending before this body and some day,
hopefully, we will get it as part of a rule and be able to debate it is
the clean money, clean elections bill and in fact calls for public
financing of campaigns.
I understand all of the arguments that the gentleman from California
(Mr. Doolittle) has made and just suggested. There is nobody that I
hear in the district, no average citizen, that thinks that it is going
to be easier on elections if in fact they can raise money or thinks
that people are going to stop raising money at some point in time. In
fact, if we raise the limits, they are going to spend more, raise more,
have more TV ads and go on.
{time} 2000
The clean money, clean elections bill will in fact be the one process
by which we can lower the cost of campaigns. It requires broadcasters
to give time for campaign ads at low or reduced cost, because in fact
we have given them a public value, we have given them the spectrum, and
they ought to in return give some public benefit back on that and that
would reduce the cost of campaigns by some 40 or 50 percent.
The clean money, clean elections bill would limit the amounts of
money spent. It would make campaign season shorter by virtue of the
distribution schedule. It would make the money chase end. People would
not have to spend virtually all their time raising money. And, in fact,
it would allow people that are not personally wealthy and do not know
people with $50,000 or $75,000 or $3,000 able to run for office and
have a reasonable prospect of campaigning and winning. It is, in fact,
the kind of campaign reform that most of America wants. State after
State are passing referenda and certifying that they want to have a
campaign system where they get their elective process back in their
hands. They have heard all the arguments. All of those referenda has
been put to them in a way of, ``Do you want public money buying bumper
stickers for candidates?'' The resounding answer is ``Yes, rather than
special interests paying that money, we want to have our election
process back.''
Let us pass Shays-Meehan and get beyond that someday to real campaign
finance reform.
Mr. DOOLITTLE. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. DeLay), the distinguished House majority whip.
Mr. DeLAY. Mr. Chairman, I think we just heard what this is all
about. This is about more regulation of free speech and, at the end of
the last speaker's remarks, taxpayer-funded elections. That is where we
are headed when you regulate free speech and regulate the people's
right to participate in the political system.
Mr. Chairman, I rise today in support of this substitute legislation.
We simply cannot allow the participation of Americans in our democracy
to be limited. We have an important choice today, a choice to either
encourage participation in our political system or a choice to limit
it. We can either choose to uphold the first amendment which guarantees
our citizens the right to free speech, or we can choose to infringe
upon this right.
Now, some of the rhetoric on the other side might sound good, but we
must not allow those who support Shays-Meehan to fool us. In short, the
Shays-Meehan bill restricts the democratic process by placing unfair
regulations on those willing and able to compete as candidates and as
their supporters. While accountability in fund-raising is necessary, we
must be sure that we do not limit the ability of those who want to
compete through fair and worthy avenues to do so. The Doolittle
substitute will instill this accountability. Among other things, the
Doolittle substitute institutes new filing requirements and mandates
that the Federal Election Commission post all campaign reports on the
Internet. After all, what reform can restore accountability more than
an open book? Simply put, freedom works.
Only those supporting Shays-Meehan would think that freedom is a step
[[Page H8264]]
backwards. The important responsibility of this body is to protect
freedom, not take it away.
Mr. Chairman, Congress must work to reform, not restrict, the
political process. We must encourage, not limit, our citizens' ability
to participate in the political system. I urge my colleagues to vote
for fairness, vote for freedom in our political system by supporting
this substitute.
Mr. HOYER. Mr. Chairman, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Hoeffel), one of our most distinguished new Members.
Mr. HOEFFEL. I thank the gentleman for yielding me this time.
Mr. Chairman, I rise in opposition to the Doolittle substitute
amendment. A vote for the Doolittle substitute is a vote to kill Shays-
Meehan. I urge opposition to all of the poison pill substitutes and
urge support of Shays-Meehan.
The Doolittle substitute would eliminate all Federal contribution
limits, end public financing of presidential campaigns, which has
worked well, and would weaken the disclosure requirements contained in
Shays-Meehan.
Instead, we should adopt Shays-Meehan, which prohibits soft money
contributions, stops the sham issue ads and strengthens FEC disclosure
and enforcement.
The House should also pass comprehensive reform to implement
voluntary spending limits for campaigns in exchange for partial public
financing and free and discounted air time. These reforms also deserve
a floor debate and the attention of this House.
Again, I urge my colleagues to oppose Doolittle, support Shays-
Meehan, and move on to Tierney.
Mr. WAMP. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from Maryland (Mrs. Morella).
Mrs. MORELLA. I thank the gentleman for yielding me this time.
Mr. Chairman, I rise in opposition to the Doolittle substitute. The
Doolittle substitute repeals all existing limits on contributions, ends
the presidential public financing system, and requires disclosure of
funds transferred to a State or local political party. But let us be
honest. This amendment would virtually turn over the campaign finance
system to the wealthy and the special interests.
Mr. Chairman, in a recent survey, over 50 percent of Americans said
they believe that Abraham Lincoln's revered formulation that our
democracy is a government of, by and for the people no longer applies.
Passing the Doolittle substitute will regrettably confirm this very
cynical perception of public service and public servants.
It will take the passage of meaningful, comprehensive campaign
finance reform, which is the Shays-Meehan bill, H.R. 417, to change the
prevailing attitude.
Mr. Chairman, the key word here is comprehensive campaign finance
reform. The Doolittle substitute, although it may be well-intended, is
window dressing. It requires only limited disclosure rather than making
the necessary changes to clean up the current system, namely, ending
soft money and reining in sham issue ads.
Mr. Chairman, I urge my colleagues to vote ``no'' on the Doolittle
substitute and support final passage of the Shays-Meehan bill.
Mr. MEEHAN. Mr. Chairman, I yield 1 minute to the gentlewoman from
Ohio (Mrs. Jones), again, one of the leaders on campaign finance
reform.
Mrs. JONES of Ohio. Mr. Chairman, I rise in opposition to the
Doolittle substitute amendment, eliminating all Federal campaign
contributions and public financing of presidential campaigns. In
effect, the Doolittle amendment would be the kiss of death for H.R.
417, the Bipartisan Campaign Reform Act, because it guts the essence of
the Shays-Meehan bill. Eliminating public financing of presidential
campaigns in effect eliminates the ability of the little people to
impact a presidential election at a time when voter apathy and
participation is at an all-time low. Eliminating limits on
contributions allows the haves to speak louder and places a gag on the
have-nots. Eliminating campaign contribution limits will cause the
House of Representatives to represent only the wealthy and leave the
poor un- and underrepresented.
I urge my colleagues to vote ``no'' on this amendment. All the
proposed reporting is only a smoke screen to cover this attempt to turn
public office and public officeholders over to the wealthy.
Mr. DOOLITTLE. Mr. Chairman, I yield 5 minutes to the gentleman from
Pennsylvania (Mr. Peterson).
Mr. PETERSON of Pennsylvania. Mr. Chairman, I rise to support the
Doolittle substitute. Thirteen States do not have limits, and I do not
think you can name them because they do not stand out as States loaded
with public corruption. Thirteen States do not limit campaign
financing. We should be here debating increasing disclosure, immediate
reporting and enforcement.
I have heard speaker after speaker talking about laws not being
enforced. What about more laws without enforcement? Yet folks in this
city have worked themselves into a state of hysteria over what they
call campaign finance reform. This in spite of the fact that survey
after survey show that most Americans rate campaign finance reform near
the bottom of their concerns, if they rate it at all. Then why the
hysteria?
The liberals' idea of reform rests primarily on restricting the free
flow of moneys and ideas to the public through any channels except
those they control and they regulate.
The refreshing motto of Fox Cable News network is ``We report and you
decide.'' That is how elections ought to be. We report who helped us
and you decide. By contrast, the motto of liberals and their media
allies embodied in the Shays-Meehan bill seems to be, ``We report, we
decide, and everyone else be quiet.''
It is a bedrock principle of American political heritage that money
is speech. When the supporters of Shays-Meehan want to restrict and
regulate the amount of money in campaigns, they want to restrict and
regulate the amount of speech. They decide, not the voters. Even the
American Civil Liberties Union has stated that the Shays-Meehan bill is
patently unconstitutional and makes it harder for ethnic and racial
minorities, women and non-mainstream voices to be heard prior to an
election. It will be an incumbent protection bill.
I will give my colleagues an example from Pennsylvania when you do
not have money to get the message out. In 1998, Governor Ridge was
running for reelection, the senior Senator from Pennsylvania was
running for reelection, and they both had strong bipartisan support.
They both had three, four or five Democrat opponents in the primary but
none of them could raise any money because of the strength of the
incumbents. So when it came to the primary election in my district,
Clarion and Elk County, because the message did not get out because the
candidates did not have any money, 19 percent of the Democrats voted.
In McKean County, 9 percent. In Jefferson County, 6 percent. Why? They
did not know the candidates, they did not know about them, they did not
know who to vote for, so they stayed home. If you want people to come
out and vote, they have to understand what the candidates stand for and
that is about free speech.
Mr. Chairman, I support the Doolittle reforms because they are in the
American tradition. They truly ``do little'' when it comes to
restricting first amendment rights. They remove the restrictions of
most campaign giving and spending, and thus remove the restrictions to
free speech. At the same time, they require immediate and full
reporting of all contributions. Immediate and full reporting of all
contributions. Shays-Meehan does not do that. The message that money
buys then can reach more voters and the voters can judge for themselves
the message and who is supporting it.
Like Fox News, the Doolittle approach says to voters, ``We report,
you decide.'' If the liberal media is so concerned about how much
campaigns cost today, then why do they not turn themselves into
electronic Wal-Marts and charge the lowest prices for campaign ads? No,
the highest. They are like an airline carrier charging hostage-level
prices for tickets and complaining that people are spending too much
money on transportation.
To add a little more perspective, during the Super Bowl the networks
charge more for a single 30-second commercial than I have spent in two
congressional elections, $1.6 million. Is anybody crying about that?
[[Page H8265]]
Liberals cry that too much money buys elections and corrupts the
process. People need to understand the candidates and what they stand
for. Thirty million Americans listen to network news regularly. One
hundred million Americans elect our Presidents. In 1996, 76 million
Americans voted for Congress. Only 30 million of those people watch the
news regularly. Somehow, the message of our candidates has to get out
to the people. It takes money. It takes a message. The people will buy
when money is behind a message, because if the other were the case, we
would have elected Huffington for the Senate because he certainly had
the money, we would have elected Forbes and Perot for President because
they had the money. It is the message that has to be driven by the
money.
Certainly Eugene McCarthy would not have had a shot to run against
Lyndon Johnson if Stuart Motts had not come to his aid because Lyndon
Johnson had shut down his ability to raise money.
Yes, Mr. Chairman, when it comes to really eliminating corruption and
creating a fairer, freer and more constitutional environment in
American political life, I support Doolittle. We need to simplify the
process, not turn it over to another government bureaucracy.
Mr. HOYER. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Minnesota (Mr. Luther).
{time} 2015
Mr. LUTHER. Mr. Chairman, I rise in opposition to the Doolittle
amendment. This amendment which allows unrestricted contributions in
our federal political process shows just how out of touch Congress can
become.
I challenge all Members of this body to go to any meeting in their
district and ask their constituents how many can afford a $1,000
contribution. They will get virtually no one in that room, and they
will get a lot of snickers from the people in that room.
Mr. Chairman, if Congress truly wants to reduce the influence of
money in politics today, we should work to set up a system where more
people can participate and give small amounts in the political process.
We have done some of that at our State level in Minnesota, and other
States have taken similar steps.
The absolute last thing we should do to get money out of politics is
to allow a few interests to give even more money than they are giving
today. The Doolittle amendment moves us in exactly the wrong direction.
It gives us less democracy rather than more. Mr. Chairman, I urge its
defeat.
Mr. WAMP. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
New York (Mr. Boehlert) who represents Cooperstown and the baseball
Hall of Fame.
(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Chairman, I rise in strong opposition to the
Doolittle substitute, which is quite simply an effort to kill the
Shays-Meehan bill. The Doolittle substitute not only would block any
new efforts to reform campaign finance, it would actually repeal the
few successful reforms that we passed in the 1970s.
The fundamentals of our democratic system are at risk, and this
Congress must not be so complacent as to ignore the evidence that is
all around us. Turn-out in elections is at an all time low. Polls show
public confidence in government at record lows as well. As the Supreme
Court has noted many times, democracy can thrive only if there is a
marketplace of ideas, but it is not supposed to be a marketplace that
belongs to the highest bidder.
By a marketplace of ideas our forefathers meant a place of fair,
free, and open exchange. But in our time we have perverted that concept
so that the marketplace of ideas has become commercial, a place where
ideas triumph when they are backed by large sums of money.
The very way we talk about campaigns shows how far we have drifted
from our Founding Fathers' ideas. Opponents of Shays-Meehan say that
the system is not out of kilter because soft money amounts to only
about 50 cents per voter. But that is an advertising concept, not a
civic concept.
Mr. Chairman, I urge my colleagues to beware of sunshine patriots who
come to the defense of the first amendment only when the free speech
being defended comes with a price tag.
Mr. MEEHAN. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from Wisconsin (Ms. Baldwin), a truly outstanding member of the
freshman class and a member of the Committee on the Judiciary.
Ms. BALDWIN. Mr. Chairman, we are living in a day and age when there
is a tremendous amount of cynicism about electoral politics and
involvement in democracy. The perception that candidates are being
bought, that elections are more like auctions, has resulted in a widely
held sentiment that a person's vote does not count any more. I believe
that the Shays-Meehan bill is an important step in the right direction
to regain the trust of the American people and to reclaim our
democracy.
Mr. Chairman, the Shays-Meehan bill is the only comprehensive
campaign finance reform package before us today. It bans all
contributions of soft money and shines a spotlight on the way special
interest groups have been able to influence the outcomes of elections.
The Doolittle substitute by contrast does nothing to limit
contributions or to reign in sham issue advocacy ads.
By removing all contribution limits, the Doolittle substitute would
allow individuals and PACs to make unlimited contributions to
candidates and parties. I fear that alone would further erode the
public confidence in our democratic process. But the substitute does
more harm by failing to require disclosure of special interest money
used in certain campaign ads. These ads have avoided disclosure
requirements by posing as issue advocacy.
I believe that Americans have the right to know who is influencing
the outcome of our elections.
Mr. DOOLITTLE. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Michigan (Mr. Knollenberg).
Mr. KNOLLENBERG. Mr. Chairman, I am a cosponsor of the Doolittle bill
and am proud to stand here in front of my colleagues in full support of
that bill. I congratulate the gentleman from California (Mr. Doolittle)
for bringing forward this bill, and I thank him for yielding me time.
Campaign finance is like so many other issues. There are two basic
philosophies. Free speech and free market is one philosophy; increasing
the size of the Federal Government with more restrictive regulations is
the other philosophy. Mr. Chairman, I stand before our colleagues in
favor of free speech. Over time, a big-government approach has choked
our campaigns. Regulation without provision for inflation has dwindled
the real value of contributions to just 30 percent of what it was when
enacted. Indeed, Mr. Chairman, these strangling limits may be what led
the Democrats into all of their campaign finance irregularities.
Let us pass the Doolittle substitute. Let us free up political speech
as America's founders intended, in the tradition of Thomas Payne, the
publisher of free political speech in that famous document, Common
Sense, that enabled the creation of this great Nation.
Mr. Chairman, I urge support of the Doolittle substitute.
Mr. HOYER. Mr. Chairman, I yield 1 minute to the gentleman from North
Carolina (Mr. Price), a distinguished political scientist who has
probably studied elections as much as any of us on the floor.
Mr. PRICE of North Carolina. Mr. Chairman, I thank the gentleman for
yielding this time to me.
Mr. Chairman, we have an opportunity today to take a serious step
toward cleaning up elections financially and otherwise. The Shays-
Meehan bill closes the soft money loophole that has made a mockery of
the existing contribution limits. It holds advocacy groups accountable
for the money they raise and spend in campaigns. It strengthens
enforcement. And it includes a variant of my stand-by-your-ad bill to
make candidates and committees more accountable for the ads they run.
Stand-by-your-ad was first introduced by the gentleman from
California (Mr. Horn) and myself 2 years ago. It is a good North
Carolina idea originated by Lieutenant Governor Dennis Wicker, recently
passed by our General Assembly and signed into law. It will make
candidates think twice before running mud-slinging or distorted
[[Page H8266]]
ads, for the sponsoring candidate will have to appear in that ad and
take responsibility for it.
Shays-Meehan is legislation we should have passed months ago, but I
am pleased that this bill is finally on the House floor. Many of us
wish the bill did more, but it is a compromise worthy of our support.
I urge defeat of all substitutes and passage of the Bipartisan
Campaign Reform Act.
Mr. WAMP. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
Connecticut (Mr. Shays) who has shown exemplary demeanor all day today.
Mr. SHAYS. Mr. Chairman, I thank the gentleman for yielding this time
to me, and as the gentleman from Pennsylvania (Mr. Peterson) was
speaking, I, for one, thought how good it was to have him come back
after his surgery but how I disagreed with him on his basic point. The
bottom line is this bill eliminates soft money, the unregulated money
from individuals, corporations, labor unions, and other interest
groups. It calls the sham issue ads what they are, campaign ads, which
means to run them free speech, but have to have disclosure, and that is
something that is not in the substitute offered by the gentleman from
California (Mr. Doolittle). He does not want the sham issue ads to be
disclosed even though he says he is for disclosure.
Mr. Chairman, the third thing it does is we require immediate
disclosure on the Internet of expenditures, and we provide for stronger
FEC enforcement; and then anything we have not dealt with in our bill,
we deal with in the commission bill.
It has been against the law since 1907 for corporations to contribute
to campaigns. It has been against the law since 1947 for union dues
money to be used in campaigns. It has been against the law since 1974
for foreign countries to contribute to our campaigns. But all three
take place, and they take place through the absurdity of soft money and
these sham issue ads.
Mr. Chairman, I believe that dirty disclosed money beats no money any
day, and what we do is we provide for disclosure, and we provide for an
even field for all who wish to participate in the political process.
Mr. MEEHAN. Mr. Chairman, I yield 1 minute to the gentleman from
Minnesota (Mr. Minge).
Mr. MINGE. Mr. Chairman, I would like to thank the gentleman from
Massachusetts for yielding this time to me.
This legislation that is considered in the House of Representatives
on September 14, 1999, in my opinion is the most important legislation
that we take up in this session. It goes to the heart of the political
process in America, the integrity of our electoral process.
All of us know the level of cynicism that exists in our communities
regarding politics in America. I believe that all of us have a
commitment to try to clean this up. Unfortunately, strong differences
of opinion have frustrated these efforts over the last 10 years.
Numerous bills have come up. They have been subject to filibusters, to
vetoes, to deadlocks, and the inability that we have had between
Congress and the White House to agree on how to proceed.
This fall we have an opportunity to agree. We have an opportunity to
pass legislation in the House, the Senate, send it to the White House
for signature. We cannot let amendments like the one that is under
consideration undermine this effort.
Mr. WAMP. Mr. Chairman, I yield myself the balance of my time.
The CHAIRMAN. The gentleman from Tennessee has 1 minute remaining.
Mr. WAMP. Mr. Chairman, I just would like to say that this substitute
is an honest effort, frankly, to address this issue because it is
intellectually pure and ideologically doable, and I applaud the
gentleman from California (Mr. Doolittle). Unlike the third substitute
amendment which we will consider tonight, the Thomas substitute, which
is really not about campaign finance reform, it is about campaign
reform and FEC reform and technical corrections, and we tried to make
an amendment to the underlying bill instead of a freestanding
substitute. This substitute and the Hutchinson substitute are good
efforts to look at the alternatives that we have before us.
But this is not an ideologically perfect situation because I do not
think the American people would allow us to go back to the way things
were a long, long time ago with unlimited contributions. I understand
full disclosure would be there and the American people could go out and
elect folks, but in this day of money and power and influence and the
entertainment industry really having such an impact on people and
television being such a powerful medium, I think the people expect us
to try our best to fix the current system.
Mr. Chairman, that is what Shays-Meehan does, and I support it and
not the substitute.
Mr. HOYER. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Tennessee (Mr. Clement).
Mr. CLEMENT. Mr. Chairman, I rise today in opposition to the
substitute amendment, in strong support for the Shays-Meehan bipartisan
campaign finance reform act.
An editorial in one of today's newspapers in my home State of
Tennessee says it is hard to overestimate the importance of this vote
for rebuilding public trust in the American electoral system. Congress
has debated campaign finance reform since 1985, and in the meantime the
public has only grown more disenchanted with our political process.
Americans want their elected representatives to act in their best
interests, not in the interest of the privileged few.
{time} 2030
Americans want their representatives to be chosen not based on the
richness of their pocketbook but the richness of their character and
message. In short, they want a government of the people, by the people,
for the people. Let us have the courage to give them what they want,
not because it will benefit their fund-raising coffers but because they
deserve nothing less. Vote no on the substitute amendment and support
real campaign finance reform.
Mr. MEEHAN. Mr. Chairman, I yield myself the balance of my time.
The CHAIRMAN. The gentleman from Massachusetts (Mr. Meehan) is
recognized for 1\1/2\ minutes.
Mr. MEEHAN. Mr. Chairman, in many ways, the debate on this substitute
is a debate that I think crystallizes the differences of opinion of
what we are doing. Many of the substitutes and many of the amendments
are really designed to cloud the issue, are really designed to fool the
public. That is not the case with this substitute. This is a case of a
difference of opinion.
The gentleman from California (Mr. Doolittle), and I respect his
honesty, would like to repeal all contribution limits. He wants to end
the presidential system of public financing, which is an incentive to
get the presidential candidates to limit how much money they spend.
Yes, in fact, I think this amendment crystallizes the difference
between those who think we should have more money in the election
process in this country and those of us who believe we should try to
lessen the influence of money in American politics.
I have to say, I think the American people are with those of us who
want to lessen the influence. Two out of three Americans think that
money has an excessive influence on elections and government policy.
According to the Committee of Economic Development, a group of CEOs,
two-thirds of the public think that their own representative in
Congress would listen to the views of outsiders who made large
political contributions before a constituent's views, and 92 percent of
the people think that too much money is being spent on political
campaigns in our country.
So this is a clear choice. Whether one wants to have more money
spent, more wealthy individuals spending unlimited amounts of money so
that somehow elections become we are going to compete with soap suds or
Coca Cola or Pepsi, or whether or not we are going to reform this
system, let us defeat this substitute and pass Shays-Meehan tonight.
Mr. DOOLITTLE. Mr. Chairman, I yield myself the balance of my time.
The CHAIRMAN. The gentlemen from California (Mr. Doolittle) is
recognized for 5\1/2\ minutes.
Mr. DOOLITTLE. Mr. Chairman, I hate to talk about myself as an
example but I think I will, just to illustrate
[[Page H8267]]
the point of view that I have about this. I could talk about Eugene
McCarthy, the Senator who was able to run for President, was not
subject to this because this law did not exist in those days. I think
he said he raised a million dollars from ten people. It was enough
money to basically successfully move out of the presidential race the
incumbent President Lyndon Johnson. He definitely made a huge impact on
the affairs of the Nation by the step that he took. I think many,
looking back, would view what he did as a positive step for the Nation.
I could talk about Senator James Buckley who has authored an
excellent article, and it is interesting because this is the plaintiff
in the famous Buckley versus Valeo case, who is now a senior judge with
the U.S. Circuit Court of Appeals for the District of Columbia. If I
have time, I will quote from this article, but it is in the current
issue of National Review. September 27 is the date; great article. It
is an interesting perspective by the author.
Let me just talk about why I am so opposed to the other approach, the
big government one, the increased regulatory approach, which I submit
has never worked and cannot work and will not work, which I also submit
is largely unconstitutional and would be struck down by the Supreme
Court under the precedents that have been set, but even beyond that is
highly undesirable because it is going to have the effect of curtailing
political speech before elections, which is just when we want to have
all the information and speech that we can get.
Yes, people are cynical, I acknowledge that as well, but
unfortunately this sort of failed approach piling on more of the same
old failing approaches is not going to relieve the cynicism.
The Washington Times correctly refers to this as a campaign finance
charade; and unfortunately, I believe that is correct.
Let me just go to my own case. When I ran for office in 1980, no one
had ever heard of me. I had never held any political office of any
kind, but I cared about crime and education and taxes and I ran and I
was able to get support from a relative handful of people that were
willing to put in substantial amounts of money just like they did for
Senator McCarthy.
Had I been forced to run under the present laws we have today, I
would never have been successful; I could not have been because when
one does not have any name ID or any notoriety, one cannot get lots of
contributions from the general electorate just by sending out a
mailing. Nobody has ever heard of his name. So one needs the ability,
as a challenger, to be able to go and raise seed money. It is not
because money buys elections. Money does not buy elections. That has
been demonstrated time and time again. The gentleman from Pennsylvania
(Mr. Peterson) very accurately stated the realities there.
However, one can never win an election without money. Money is what
gives one the opportunity to present their views to the electorate.
I just think the arguments are so circuitous; it is like black is
white and white is black when I listen to this debate.
I am taking the position I am taking because I want the average
person to be able to run for office. The wealthy can already run for
office. In fact, they are the only ones in the whole country that have
no spending limit under the present law. They can spend whatever they
choose to get elected. It is only the rest of us that are limited in
terms of the contributions that we can receive.
Existing government regulation of campaigns is poisoning our system,
and yet despite that fact, despite the fact that soft money is a
symptom of the problem, it is not the problem, it is being treated as
the problem.
What happens with a patient? I am not a doctor but I have been sick
and we all know people who have been. What happens when the doctors
treat the symptom rather than the problem? The patient is not cured.
This problem has been misdiagnosed for 25 years. We have been piling
on more and more and more regulations. It is like the doctor that gives
a prescription and the patient is still sick so he doubles the dosage.
The patient comes back sicker yet. He doubles it again.
Voter participation has continued to decline coincidentally, though
not a coincidence in my view, with the enactment of the 1974 amendments
to the Federal Election Campaign Act, the very law that we are faced
with today.
The more we pile on regulation, the more we discourage people from
participating; the more we reward the wealthy and those who have
notoriety. What is the matter with a person of average means being able
to run for office and going and getting some other people who have
greater means to back him, or back her, and get those views out?
Money does not buy the elections but money is the means of
communicating the views to the electorate and then the electorate can
decide. I ask for an ``aye'' vote.
Mr. HOYER. Mr. Chairman, I yield 2 minutes to the gentleman from
Wisconsin (Mr. Kind) to close on our side.
(Mr. KIND asked and was given permission to revise and extend his
remarks.)
Mr. KIND. I thank my friend, the gentleman from Maryland (Mr. Hoyer)
for yielding me this time.
Mr. Chairman, I rise in opposition to the Doolittle substitute and in
strong support of the Shays-Meehan bill. I think there is just a
fundamental difference between these two different bills. If my
colleagues believe there is too much money in the political system,
then support Shays-Meehan. If my colleagues believe there is too much
influence of money in the political process, then support Shays-Meehan.
The difference between the two is very simple. Rather than take a
step to contain the big dollar contributions to the political parties,
Doolittle would blow the lid off current contribution limits. Instead
of reducing the influence of special interest money, the Doolittle
substitute would start a bidding war.
Shays-Meehan, on the other hand, would eliminate the biggest of the
big money contributions to the political process, the unregulated soft
money contributions.
This chart demonstrates the trend of soft money contributions during
presidential election years. In 1988, it was roughly $45 million; but
then it escalates every presidential year after this. In 1992, $86
million; 1996, $262 million; and if current projections of the first 6
months of this year hold true, we are looking at between $500 million
to $750 million in soft money contributions in this next election
cycle.
The people across the country see what is happening. They may not
understand the nuances of current campaign finance rules, but they do
understand that there is too much money in the political system and
that money translates into access and influence.
What is funny about today's debate is some of the CEOs who are making
these large soft money contributions are also saying that the system is
broken and needs fixing. In fact, a business group called the Committee
for Economic Development recently endorsed campaign finance reform. The
chairman of that committee calls the current system a ``shakedown'' and
business executives have no choice but to ``play by the rules of the
game.''
It is time to rewrite the rules of that game and eliminate soft money
contributions. So I urge my colleagues to reject this ``show-me-the-
money'' substitute bill that is being offered and instead support true
comprehensive campaign finance reform, the Shays-Meehan bill.
This vote is long overdue. For almost three years we have heard about
the abuses in the campaign finance system. We have heard from our
constituents that they feel their voice has been drowned out by the big
money special interests who push their own agenda. We have heard a lot
of rhetoric from leaders in Washington who say they want to clean up
our elections yet have failed to allow a vote on changing the system
until now, when it is too late to affect this year's elections.
There are many members of this body who are committed to reform of
our broken campaign finance system. I applaud the efforts of my friends
Congressmen Shays and Meehan for their courageous leadership on this
issue. The Shays-Meehan bill will take the biggest money out of the
political process and bring some control to the independent
expenditures that have come to dominate our elections. It is a good
first step to fix a problem that has no simple solution.
[[Page H8268]]
I had worked in the last session of Congress with a bipartisan
coalition of freshman members of Congress to craft our own campaign
finance reform bill. That bill is a substitute bill being considered
today. I will not support that bill this year because it is more narrow
in focus, although it still gets at the most common abuses in the
campaign system without a constitutional threat. Since Shays-Meehan
passed the last session of Congress, and because it is more
comprehensive, I will continue my support for it.
Both the Shays-Meehan substitute and the Hutchinson substitute are
honest, bipartisan attempts to fix our broken election process. I
believe that this House works best when we work in a bipartisan manner,
and that is how both these bills were created. However, because only
one bill can advance today, given the current rules of debate, that
bill should be Shays-Meehan.
Ultimately this debate boils down to the belief that there is too
much money in campaigns. If you support that idea, as I do and most
constituents I talk to in western Wisconsin do, then you support
campaign finance reform. If you believe that we need more money in the
system then you will oppose Shays-Meehan.
The majority of the public doesn't believe that Congress has the
courage to change a system that appears to benefit our own interests.
Today we have the opportunity to show the public that we can take the
big money out of this system and put elections back into the hands of
the people we are sworn to represent. It's time to reduce the cynicism
in our political process and increase the credibility of this
democratic institution. Support the Shays-Meehan campaign reform bill.
The CHAIRMAN. The question is on the amendment in the nature of a
substitute offered by the gentleman from California (Mr. Doolittle).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Recorded Vote
Mr. DOOLITTLE. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 117,
noes 306, not voting 10, as follows:
[Roll No. 419]
AYES--117
Armey
Ballenger
Barr
Barton
Bateman
Biggert
Bilirakis
Bliley
Blunt
Boehner
Bonilla
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Chambliss
Chenoweth
Coble
Coburn
Collins
Combest
Cooksey
Cox
Crane
Cubin
Cunningham
DeLay
Dickey
Doolittle
Dreier
Dunn
Ehrlich
Everett
Fossella
Fowler
Gekas
Gibbons
Goodlatte
Goss
Gutknecht
Hall (TX)
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hobson
Hoekstra
Hostettler
Hunter
Jenkins
Johnson, Sam
Jones (NC)
Kasich
King (NY)
Knollenberg
Kolbe
Largent
Latham
Lewis (KY)
Linder
Lucas (OK)
McCrery
McInnis
McIntosh
McKeon
Miller (FL)
Miller, Gary
Nethercutt
Norwood
Oxley
Packard
Paul
Pease
Peterson (PA)
Pickering
Pitts
Pombo
Radanovich
Riley
Rogan
Rogers
Rohrabacher
Ryun (KS)
Salmon
Scarborough
Schaffer
Sessions
Shadegg
Shimkus
Shuster
Simpson
Skeen
Smith (TX)
Spence
Stump
Sununu
Sweeney
Tancredo
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Toomey
Traficant
Watkins
Weldon (FL)
Whitfield
Wicker
Young (AK)
NOES--306
Abercrombie
Ackerman
Aderholt
Allen
Andrews
Archer
Bachus
Baird
Baker
Baldacci
Baldwin
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Bilbray
Bishop
Blagojevich
Blumenauer
Boehlert
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Campbell
Canady
Capps
Capuano
Cardin
Carson
Castle
Chabot
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Cook
Costello
Coyne
Cramer
Crowley
Cummings
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Edwards
Ehlers
Emerson
Engel
English
Eshoo
Etheridge
Evans
Ewing
Farr
Fattah
Filner
Fletcher
Foley
Forbes
Ford
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodling
Gordon
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Hall (OH)
Hill (IN)
Hill (MT)
Hilleary
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Horn
Houghton
Hoyer
Hulshof
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (CT)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
Kuykendall
LaFalce
LaHood
Lampson
Lantos
Larson
LaTourette
Lazio
Leach
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McHugh
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Mica
Millender-McDonald
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Ney
Northup
Nussle
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Petri
Phelps
Pickett
Pomeroy
Porter
Portman
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Regula
Reyes
Reynolds
Rivers
Rodriguez
Roemer
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Sabo
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Schakowsky
Scott
Sensenbrenner
Serrano
Shays
Sherman
Sherwood
Shows
Sisisky
Skelton
Smith (MI)
Smith (NJ)
Smith (WA)
Snyder
Souder
Spratt
Stabenow
Stark
Stearns
Stenholm
Strickland
Stupak
Talent
Tanner
Tauscher
Taylor (MS)
Terry
Thompson (CA)
Thompson (MS)
Thune
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Vitter
Walden
Walsh
Wamp
Waters
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (PA)
Weller
Wexler
Weygand
Wilson
Wise
Wolf
Woolsey
Wu
Wynn
NOT VOTING--10
Hastings (FL)
Kingston
Lewis (CA)
Martinez
Pryce (OH)
Ros-Lehtinen
Shaw
Slaughter
Visclosky
Young (FL)
{time} 2104
Mr. GRAHAM changed his vote from ``aye'' to ``no.''
So the amendment in the nature of a substitute was rejected.
The result of the vote was announced as above recorded.
Stated against:
Ms. SLAUGHTER. Mr. Chairman, on rollcall No. 419, I was unavoidably
detained on official business. Had I been present, I would have voted
``no.''
The CHAIRMAN. It is now in order to consider amendment No. 12 printed
in House Report 106-311.
Amendment No. 12 in the Nature of a Substitute Offered by Mr.
Hutchinson
Mr. HUTCHINSON. Mr. Chairman, I offer an amendment in the nature of a
substitute.
The CHAIRMAN. The Clerk will designate the amendment in the nature of
a substitute.
The text of the amendment in the nature of a substitute is as
follows:
Amendment No. 12 in the nature of a substitute offered by Mr.
Hutchinson:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Integrity Act of
1999''.
TITLE I--SOFT MONEY AND CONTRIBUTIONS AND EXPENDITURES OF POLITICAL
PARTIES
SEC. 101. BAN ON SOFT MONEY OF NATIONAL POLITICAL PARTIES AND
CANDIDATES.
Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``ban on use of soft money by national political parties and candidates
``Sec. 323. (a) National Parties.--A national committee of
a political party, including the national congressional
campaign committees of a political party, and any officers or
agents of such party committees, may not solicit, receive, or
direct any contributions, donations, or transfers of funds,
or spend any funds, which are not subject to the limitations,
prohibitions, and reporting requirements of this Act. This
subsection shall apply to any entity that is established,
financed, maintained, or controlled (directly or indirectly)
by, or acting on behalf of, a national committee of a
political party, including the national congressional
campaign committees of a political party, and any officers or
agents of such party committees.
[[Page H8269]]
``(b) Candidates.--
``(1) In general.--No candidate for Federal office,
individual holding Federal office, or any agent of such
candidate or officeholder may solicit, receive, or direct--
``(A) any funds in connection with any Federal election
unless such funds are subject to the limitations,
prohibitions and reporting requirements of this Act;
``(B) any funds that are to be expended in connection with
any election for other than a Federal office unless such
funds are not in excess of the amounts permitted with respect
to contributions to Federal candidates and political
committees under section 315(a)(1) and (2), and are not from
sources prohibited from making contributions by this Act with
respect to elections for Federal office; or
``(C) any funds on behalf of any person which are not
subject to the limitations, prohibitions, and reporting
requirements of this Act if such funds are for the purpose of
financing any activity on behalf of a candidate for election
for Federal office or any communication which refers to a
clearly identified candidate for election for Federal office.
``(2) Exception for certain activities.--Paragraph (1)
shall not apply to--
``(A) the solicitation or receipt of funds by an individual
who is a candidate for a non-Federal office if such activity
is permitted under State law for such individual's non-
Federal campaign committee; or
``(B) the attendance by an individual who holds Federal
office or is a candidate for election for Federal office at a
fundraising event for a State or local committee of a
political party of the State which the individual represents
or seeks to represent as a Federal officeholder, if the event
is held in such State.
``(c) Prohibiting Transfers of Non-Federal Funds Between
State Parties.--A State committee of a political party may
not transfer any funds to a State committee of a political
party of another State unless the funds are subject to the
limitations, prohibitions, and reporting requirements of this
Act.
``(d) Applicability to Funds From All Sources.--This
section shall apply with respect to funds of any individual,
corporation, labor organization, or other person.''.
SEC. 102. INCREASE IN AGGREGATE ANNUAL LIMIT ON CONTRIBUTIONS
BY INDIVIDUALS TO POLITICAL PARTIES.
(a) In General.--The first sentence of section 315(a)(3) of
the Federal Election Campaign Act of 1971 (2 U.S.C.
441a(a)(3)) is amended by striking ``in any calendar year''
and inserting the following: ``to political committees of
political parties, or contributions aggregating more than
$25,000 to any other persons, in any calendar year''.
(b) Conforming Amendment.--Section 315(a)(1)(B) of such Act
(2 U.S.C. 441a(a)(1)(B)) is amended by striking ``$20,000''
and inserting ``$25,000''.
SEC. 103. REPEAL OF LIMITATIONS ON AMOUNT OF COORDINATED
EXPENDITURES BY POLITICAL PARTIES.
(a) In General.--Section 315(d) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(d)) is amended by
striking paragraphs (2) and (3).
(b) Conforming Amendments.--Section 315(d)(1) of such Act
(2 U.S.C. 441a(d)(1)) is amended--
(1) by striking ``(d)(1)'' and inserting ``(d)''; and
(2) by striking ``, subject to the limitations contained in
paragraphs (2) and (3) of this subsection''.
SEC. 104. INCREASE IN LIMIT ON CONTRIBUTIONS BY
MULTICANDIDATE POLITICAL COMMITTEES TO NATIONAL
POLITICAL PARTIES.
Section 315(a)(2)(B) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(a)(2)(B)) is amended by striking
``$15,000'' and inserting ``$20,000''.
TITLE II--INDEXING CONTRIBUTION LIMITS
SEC. 201. INDEXING CONTRIBUTION LIMITS.
Section 315(c) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(c)) is amended by adding at the end the
following new paragraph:
``(3)(A) The amount of each limitation established under
subsection (a) shall be adjusted as follows:
``(i) For calendar year 2001, each such amount shall be
equal to the amount described in such subsection, increased
(in a compounded manner) by the percentage increase in the
price index (as defined in subsection (c)(2)) for each of the
years 1999 through 2000.
``(ii) For calendar year 2005 and each fourth subsequent
year, each such amount shall be equal to the amount for the
fourth previous year (as adjusted under this subparagraph),
increased (in a compounded manner) by the percentage increase
in the price index for each of the four previous years.
``(B) In the case of any amount adjusted under this
subparagraph which is not a multiple of $100, the amount
shall be rounded to the nearest multiple of $100.''.
TITLE III--EXPANDING DISCLOSURE OF CAMPAIGN FINANCE INFORMATION
SEC. 301. DISCLOSURE OF CERTAIN COMMUNICATIONS.
(a) In General.--Any person who expends an aggregate amount
of funds during a calendar year in excess of $25,000 for
communications described in subsection (b) relating to a
single candidate for election for Federal office (or an
aggregate amount of funds during a calendar year in excess of
$100,000 for all such communications relating to all such
candidates) shall file a report describing the amount
expended for such communications, together with the person's
address and phone number (or, if appropriate, the address and
phone number of the person's principal officer).
(b) Communications Described.--A communication described in
this subsection is any communication which is broadcast to
the general public through radio or television and which
mentions or includes (by name, representation, or likeness)
any candidate for election for Senator or for Representative
in (or Delegate or Resident Commissioner to) the Congress,
other than any communication which would be described in
clause (i), (iii), or (v) of section 301(9)(B) of the Federal
Election Campaign Act of 1971 if the payment were an
expenditure under such section.
(c) Deadline for Filing.--A person shall file a report
required under subsection (a) not later than 7 days after the
person first expends the applicable amount of funds described
in such subsection, except that in the case of a person who
first expends such an amount within 10 days of an election,
the report shall be filed not later than 24 hours after the
person first expends such amount. For purposes of the
previous sentence, the term ``election'' shall have the
meaning given such term in section 301(1) of the Federal
Election Campaign Act of 1971.
(d) Place of Submission.--Reports required under subsection
(a) shall be submitted--
(1) to the Clerk of the House of Representatives, in the
case of a communication involving a candidate for election
for Representative in (or Delegate or Resident Commissioner
to) the Congress; and
(2) to the Secretary of the Senate, in the case of a
communication involving a candidate for election for Senator.
(e) Penalties.--Whoever knowingly fails to--
(1) remedy a defective filing within 60 days after notice
of such a defect by the Secretary of the Senate or the Clerk
of the House of Representatives; or
(2) comply with any other provision of this section,
shall, upon proof of such knowing violation by a
preponderance of the evidence, be subject to a civil fine of
not more than $50,000, depending on the extent and gravity of
the violation.
SEC. 302. REQUIRING MONTHLY FILING OF REPORTS.
(a) Principal Campaign Committees.--Section
304(a)(2)(A)(iii) of the Federal Election Campaign Act of
1971 (2 U.S.C. 434(a)(2)(A)(iii)) is amended to read as
follows:
``(iii) monthly reports, which shall be filed no later than
the 20th day after the last day of the month and shall be
complete as of the last day of the month, except that, in
lieu of filing the reports otherwise due in November and
December of the year, a pre-general election report shall be
filed in accordance with clause (i), a post-general election
report shall be filed in accordance with clause (ii), and a
year end report shall be filed no later than January 31 of
the following calendar year.''.
(b) Other Political Committees.--Section 304(a)(4) of such
Act (2 U.S.C. 434(a)(4)) is amended to read as follows:
``(4)(A) In a calendar year in which a regularly scheduled
general election is held, all political committees other than
authorized committees of a candidate shall file--
``(i) monthly reports, which shall be filed no later than
the 20th day after the last day of the month and shall be
complete as of the last day of the month, except that, in
lieu of filing the reports otherwise due in November and
December of the year, a pre-general election report shall be
filed in accordance with clause (ii), a post-general election
report shall be filed in accordance with clause (iii), and a
year end report shall be filed no later than January 31 of
the following calendar year;
``(ii) a pre-election report, which shall be filed no later
than the 12th day before (or posted by registered or
certified mail no later than the 15th day before) any
election in which the committee makes a contribution to or
expenditure on behalf of a candidate in such election, and
which shall be complete as of the 20th day before the
election; and
``(iii) a post-general election report, which shall be
filed no later than the 30th day after the general election
and which shall be complete as of the 20th day after such
general election.
``(B) In any other calendar year, all political committees
other than authorized committees of a candidate shall file a
report covering the period beginning January 1 and ending
June 30, which shall be filed no later than July 31 and a
report covering the period beginning July 1 and ending
December 31, which shall be filed no later than January 31 of
the following calendar year.''.
(c) Conforming Amendments.--(1) Section 304(a) of such Act
(2 U.S.C. 434(a)) is amended by striking paragraph (8).
(2) Section 309(b) of such Act (2 U.S.C. 437g(b)) is
amended by striking ``for the calendar quarter'' and
inserting ``for the month''.
[[Page H8270]]
SEC. 303. MANDATORY ELECTRONIC FILING FOR CERTAIN REPORTS.
(a) In General.--Section 304(a)(11)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is
amended by striking the period at the end and inserting the
following: ``, except that the Commission shall require the
reports to be filed and preserved by such means, format, or
method, unless the aggregate amount of contributions or
expenditures (as the case may be) reported by the committee
in all reports filed with respect to the election involved
(taking into account the period covered by the report) is
less than $50,000.''.
(b) Providing Standardized Software Package.--Section
304(a)(11) of such Act (2 U.S.C. 434(a)(11)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) The Commission shall make available without charge a
standardized package of software to enable persons filing
reports by electronic means to meet the requirements of this
paragraph.''.
SEC. 304. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR
INFORMATION ON OCCUPATION OF INDIVIDUAL
CONTRIBUTORS.
Section 302(i) of the Federal Election Campaign Act of 1971
(2 U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to
information regarding the occupation or the name of the
employer of any individual who makes a contribution or
contributions aggregating more than $200 during a calendar
year (as required to be provided under subsection (c)(3)).''.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply
with respect to elections occurring after January 2001.
The CHAIRMAN. Pursuant to House Resolution 283, the gentleman from
Arkansas (Mr. Hutchinson) and a Member opposed each will control 20
minutes.
The Chair recognizes the gentleman from Arkansas (Mr. Hutchinson).
Mr. DAVIS of Florida. Mr. Chairman, I rise to ask to control the time
in opposition to the amendment.
The CHAIRMAN. The gentleman from Florida (Mr. Davis) is recognized
for 20 minutes.
Mr. DAVIS of Florida. Mr. Chairman, I ask unanimous consent that the
gentleman from Connecticut (Mr. Shays) be allowed to control 7 minutes
of my time, and the gentleman from Massachusetts (Mr. Meehan) be
allowed to control an additional 7 minutes of my time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
Mr. HUTCHINSON. Mr. Chairman, I yield myself such time as I may
consume.
I want to extend to my colleagues, Mr. Chairman, congratulations on
the manner in which this debate is being conducted. I see people
engaged in this debate who are extremely passionate about their views,
about their philosophy. I believe there is a great deal of sincerity in
this Chamber, and there are a lot of different viewpoints that are
expressed. I believe my colleagues on both sides of the aisle have
engaged in this debate in a good-faith fashion, caring about this
issue.
We have been here before. We look back in the last Congress, and we
all engaged in this debate. Some of us look around and say, it is not
as exciting this time. There is some truth to that, because some of us
have looked ahead and we sort of anticipate as to where this is going.
I want to call this Chamber back to a moment of seriousness and
reflection on the importance of what we are doing. Looking back to when
I first came to Congress, I came with some of the most exciting group
of freshmen that I have ever been associated with. It was during those
early days when we were meeting as a freshman class, the Democrats and
Republicans, and we said, what can we work together on?
I look over to my good friend, the gentleman from Florida (Mr.
Davis), and we all said, there are some things we can do. We looked at
campaign finance reform. The Democrats said, let us get six Democrats,
let us get six Republican freshmen together, and let us go to work as a
task force and see what good we can do. It has been the most exciting
and rewarding endeavor that I have been engaged in.
I look back on that with great fondness, because we heard from the
constitutional experts, we heard from people who are affected by it,
the candidates, the political leaders. We said, we have got to do some
things that have not been done before. The problem in this Congress is
that we have always looked to the extremes. We have always gone
directions in which we could not go to the common ground, and nothing
passed. Let us do something different.
So we adopted a couple of principles. One of them is that we should
avoid the extremes when we deal with this issue. Secondly, we should be
realistic, what can really get passed; not what is ideal, what is
perfect, not what we can do, but what we can do together, and to be
realistic? The third principle is, let us follow the Constitution.
So taking those three simple principles, we drafted a bill. It is not
something that the gentleman from Florida (Mr. Davis) wanted, it is not
something I wanted, it is not something my good friend, the gentleman
from Maine (Mr. Allen) wanted. It is something that we wanted together,
because we wanted it to pass and become a reality.
So we came up with a simple bill, and simple bills are always
dangerous. When we presented this, immediately we were greeted with,
well, you all just got here and you do not understand how this system
works. That will never work. Both the Democrat leadership and the
Republican leadership were concerned about it. The Senate was concerned
about it, because they saw our bill as something that was unique, that
had never been tried before, that was common ground, something that
could actually pass.
So we adopted a simple bill. There are three key elements to this
substitute that is being considered today. One is stopping the soft
money game. It bans the soft money to the Federal parties. Secondly, it
strengthens the role of the individuals and the parties by indexing the
contribution limits to inflation, so we empower individuals more, and
we make their contribution more meaningful in the political process.
Thirdly, we increase information to the public, so they will know
more information more timely about who contributes to the political
process. Three key elements: It meets the constitutional standard, it
is realistic, it avoids the extremes.
This year we came back for it. Some of my Democrat colleagues, who I
still appreciate the way they engaged in this enterprise with us, but
they said that they would prefer the Shays-Meehan. In my judgment, they
just simply drifted back a little bit to what was the extreme, that
which has been tried before and which could not pass before.
I admire them for their commitment to that philosophy, but the fact
is, we are still here, we are still debating the same subject, and we
still have the same needs to be realistic, to avoid the extremes, and
to be constitutional.
So as I met with the gentleman from Missouri (Mr. Hulshof), the
gentleman from Montana (Mr. Hill), the gentleman from Texas (Mr.
Brady), the gentleman from Kansas (Mr. Moran). We said, what shall we
introduce this year? We all looked at it and said, we cannot get a
better product. We worked at it, and we cannot get a better product. We
said, we can tinker with it here, we can make it something more to our
liking. We said, no, we cannot get a better product.
We introduced this year the exact same bill that my freshmen
colleagues on the Democrat side supported in the last Congress. So here
we are again, and we are presenting it. We are asking for the Members'
support for this substitute. We believe it is a good reform,
constitutional, and realistic.
Mr. Chairman, I reserve the balance of my time.
Mr. MEEHAN. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from New Jersey (Mr. Pascrell), one of the outstanding leaders of the
freshman class of the last Congress.
Mr. PASCRELL. Mr. Chairman, as a freshman lawmaker in the 105th
Congress, I joined a bipartisan coalition of fellow freshmen in
crafting legislation that would reform our fatally flawed campaign
finance system. I am proud to say that we were able to bridge the
partisan gap that too often pervades our debate over legitimate public
policy. We crafted a bill that Members on both sides of the aisle could
support.
[[Page H8271]]
Our freshmen task force, remember what it was called, literally drove
the debate when it seemed dead, and later joined the gentleman from
Connecticut (Mr. Shays) and the gentleman from Massachusetts (Mr.
Meehan) to defeat a number of poison pill amendments that would have
killed any chance of comprehensive reform.
My friends, the gentleman from Arkansas (Mr. Hutchinson) and the
gentleman from Virginia (Mr. Allen), were effective voices during the
debate last year. The bill our coalition supported is and was a good
bill. It drove the debate.
As I voted against my own bill last year, I plan to vote against the
Hutchinson substitute today, not because it is not an improvement over
our current system, but because we are offered an opportunity for what
I believe is a better bill, a bill that would not be voted on this
evening if it were not for the courage of both the gentleman from
Arkansas (Mr. Hutchinson) and the gentleman from Maine (Mr. Allen), and
those who believe in productive change.
Mr. Chairman, we must again pass Shays-Meehan and send a message to
the American people that a bipartisan coalition in this body shares the
same view of 90 percent of Americans. Ninety percent of Americans
believe in this view. Our current campaign finance system needs real
reform. It is time to stop making money the deciding factor in American
politics and to restore power to where it belongs, with the American
voter.
We have all of us here helped to disenfranchise the average voter,
making him or her feel helpless to have an impact on the American
governmental system.
{time} 2115
Mr. HUTCHINSON. Mr. Chairman, I yield 3 minutes to the gentleman from
Kansas (Mr. Moran) who has been extraordinarily instrumental in pushing
this bill forward in support of campaign finance reform.
Mr. MORAN of Kansas. Mr. Chairman, I just finished hosting 66 town
hall meetings across the 66 counties of the First District of Kansas
during the August recess; and my constituents, like the rest of the
country, feel alienated from government and from politics.
The conventional wisdom that the ordinary citizen no longer has a say
in our government is growing and that their voices are drowned out by a
sea of special interests and campaign contributors is prevalent.
Unfortunately, their concerns are often justified.
I rise this evening in support of the Campaign Integrity Act and want
to thank the gentleman from Arkansas (Mr. Hutchinson) for his hard work
in bringing this legislation before this session of Congress. Ever
since we were elected in 1996, the gentleman from Arkansas (Mr.
Hutchinson) has worked to achieve a bipartisan solution to improve our
campaign finance laws. I support this legislation because it represents
real reform, it is constitutional, and it is our best chance in passing
legislation this year to help restore public faith in our system of
campaigns and elections.
By banning so-called soft money at the Federal level this bill closes
the biggest loophole in our current finance system. Soft money
contributions effectively shred the contribution limits in our current
campaign finance law. As long as we allow special interests to
contribute millions from soft money outside the regulated campaign
finance system, the public will remain skeptical about the integrity of
our system.
This legislation also improves the disclosure requirements for
candidates running for federal office. It would provide more detailed
information regarding the origin of campaign contributions and the time
in which they need to be reported. It also calls for electronic
disclosure to allow voters more timely access to campaign information.
Finally, this bill improves disclosure requirements for third party
groups and lobbying organizations which run television and radio
advertisements. Unlike other campaign reform proposals, this bill does
not seek to restrict or regulate free speech of outside groups. It only
seeks to inform the public about who is running the ads. Organizations
that stand by their messages and by their missions have nothing to fear
from this legislation.
As students return to the classroom this fall in high schools and
colleges across the country, they will be taught the virtues of
political democracy. Those students cannot help but be skeptical of a
system that is perceived and perhaps in reality is driven by dollars
rather than people. They need to know that their voice matters. They
need to know that this still is their government. This legislation
provides a common-sense evenhanded approach to help restore the faith
in our American political process.
Mr. Chairman, I urge the adoption of the Hutchinson substitute.
Mr. SHAYS. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
Iowa (Mr. Ganske).
(Mr. GANSKE asked and was given permission to revise and extend his
remarks.)
Mr. GANSKE. Mr. Chairman, I stand in admiration of the gentleman from
Kansas (Mr. Moran), who just spoke, for doing 66 town hall meetings. I
think he deserves the iron man award. But I must disagree with him.
I rise in support of truth in advertising, in support of Shays-Meehan
and in opposition to this amendment in the nature of a substitute. This
substitute does not address a fundamental problem, and that is sham
issue ads.
The Hutchinson substitute requires disclosure of expenditures that
exceed $25,000 per candidate or $100,000 per multiple candidates. The
Shays-Meehan bill strengthens the definition of express advocacy to
include any communication that contains unambiguous and unmistakable
support for or opposition to a clearly identified Federal candidate and
requires disclosure of the expenditure that exceeds $1,000 within 20
days of election or those aggregating $10,000 at any time leading up to
20 days before the election.
I fully support organizations to make their positions known and to
report on the voting record of elected officials, but I do not support
organizations that hide behind this right to advocate the election or
defeat of particular candidates.
Shays-Meehan does not take away the rights of organizations to
express their views. It does require them, when advocating the election
or defeat of a specific candidate, to play by the same rules as
official campaigns. The Hutchinson substitute does not do this.
I urge my colleagues to vote against the substitute and for real
campaign finance reform. Vote ``no'' on the Hutchinson substitute and
vote ``yes'' for Shays-Meehan.
Mr. DAVIS of Florida. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from Maryland (Mr. Cardin).
(Mr. CARDIN asked and was given permission to revise and extend his
remarks.)
Mr. CARDIN. Mr. Chairman, let me thank the gentleman from Florida
(Mr. Davis) for yielding me this time.
Mr. Chairman, I have listened to the debate. I have listened to each
of my colleagues address the various amendments and now the
substitutes. I think there is broad consensus that we need to reform
our current campaign finance system.
Let me just give my colleagues my short list of the problems. We
spend too much time raising money. We spend too much money in
campaigns. We spend too much unreported money in campaigns. There are
too many loopholes in the system. It is corrupting the system, and we
are losing more and more public confidence that our system is truly
objective.
Now, each one of us could craft what we think is the perfect bill.
Each one of us could develop what we think would be the answer. But if
we are going to be able to accomplish campaign finance reform, I agree
with the author of this substitute.
We need to support the campaign finance reform that has the only
chance of being enacted this year and that is the Shays-Meehan bill.
This is the bill that the public understands and supports. I believe
each of us understands that if we had any chance to pass campaign
finance reform this year, we need to support the Shays-Meehan bill. It
is a comprehensive bill that deals with the under-regulated soft money.
Each of us understands why we need to deal with that.
In a letter written to our Speaker just recently by business leaders,
they
[[Page H8272]]
indicated that soft money distorts the process. It is more than
doubling every 2 years the amount of money being spent on soft money.
We need to do something about it. It is out of control. We need to
close the loophole on so-called issue advocacy expenditures. We know
that is wrong. We need to improve the Federal disclosure laws.
So if my colleagues are for comprehensive campaign finance reform,
they really have only one choice, and that choice is to defeat the
substitutes and support Shays-Meehan. If we do that, we have our best
chance this year of listening to our constituents and doing something
about the system to make it work for public confidence.
Mr. HUTCHINSON. Mr. Chairman, I yield 4 minutes to the distinguished
gentleman from Montana (Mr. Hill) who has been an extraordinary leader
in this effort, but most important, he has been a former State party
chairman and has a great deal of expertise.
Mr. HILL of Montana. Mr. Chairman, I thank the gentleman from
Arkansas for yielding me this time.
Mr. Chairman, the American people do not believe that Congress can
reform the campaign finance laws. The reason they believe that is that
they believe that politicians will not reform a system that they depend
upon for their survival. I am fearful tonight that we are going to
confirm that belief.
In the past, reforms or so-called reforms have acted to protect
incumbents to keep them getting reelected. That has worked. Ninety
percent of incumbents get reelected to this body. One of the reasons
for that is that challengers cannot raise the resources they need to
challenge the incumbents.
Everyone knows the basic rule we learn around here when we come to
orientation, and that is we go out and we raise enough money to keep a
challenger out of our race. And it works. Many people do not have a
challenger.
There are parts of the Shays-Meehan bill that I support
energetically, enthusiastically: the ban on soft money going to our
national parties, for example. There are parts that I have concerns
about: the limits on the speech of outside groups that will surely, in
my judgment, be struck down by the court.
But the part that I object most to is the fact that it is an
incumbent protection plan, and here is why: By banning the soft money
to parties, it makes the parties dependent on hard money. Hard money is
limited individual contributions, and those are limited in total, how
much a person can give in total to all parties and all candidates in a
year.
So it puts the parties in competition with their own candidates. It
is even now going to put parties in competition with outside groups who
want to express their views.
The result is that parties are going to get that money, and
incumbents are going to get that money, and probably those outside
groups are going to get that money. But who is going to get left out?
Challengers are going to get left out. Incumbents already have huge
advantages in frank mail and media attention and fund-raising, and
Shays-Meehan adds to those advantages.
Now, in my view, Shays will virtually guarantee the reelection of
incumbents. That is why I call it an incumbent protection act. There is
another choice, and that is the Hutchinson substitute tonight.
If my colleagues support, as I do, a ban on soft money, support the
Hutchinson substitute. If my colleagues support, as I do, protecting
free speech, then they would want to support the Hutchinson substitute.
If my colleagues believe, as I do, that if we really wanted to reform
campaigns, we need to promote competitive campaigns, the only choice is
the Hutchinson substitute.
It solves those problems, and it does it this way: It creates a
separate limit for parties and a separate limit for candidates. So
there is no competition between candidates and their parties. It bans
soft money. It deals with issue ads by saying, if they are truly issue
ads, then they have to be managed like issue ads, and that is to report
it as a lobbying activity which appropriately it is.
Now, there is another reason to support this substitute as well, and
that is because it could actually become law. The Senate has repeatedly
rejected the Shays-Meehan bill. If my colleagues really believe in
reform and if they want common sense reform, and they want it actually
to become law, then this is the way to make that happen.
If my colleagues vote no on the Hutchinson substitute, they are going
to confirm the suspicions of the American people that my colleagues do
not really believe in campaign reform.
My colleagues have an opportunity tonight to vote for real reform. I
urge my colleagues to support the Campaign Integrity Act, the
Hutchinson substitute.
Mr. HUTCHINSON. Mr. Chairman, may I inquire as to the balance of my
time.
The CHAIRMAN. The gentleman from Arkansas (Mr. Hutchinson) has 9
minutes remaining. The gentleman from Florida (Mr. Davis) has 4 minutes
remaining. The gentleman from Connecticut (Mr. Shays) has 5\1/2\
minutes remaining. The gentleman from Massachusetts (Mr. Meehan) has
4\1/2\ minutes remaining.
Mr. SHAYS. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
Pennsylvania (Mr. Greenwood).
Mr. GREENWOOD. Mr. Chairman, I thank the gentleman from Connecticut
for yielding me this time.
Mr. Chairman, let me begin by saying that the Hutchinson bill is a
noble effort by the author and his cosponsors. As far as I am
concerned, on the substance, the Hutchinson bill passes all the right
tests. It passes all the tests of good policy. Every component of the
Hutchinson bill is good legislation.
Unfortunately, it fails the one most crucial test, and that is its
ability to garner a bipartisan large overwhelming passing number in
this House. In fact, in the last session, the Hutchinson bill received
147 votes, 105 votes fewer than the Shays-Meehan bill. The Hutchinson
bill was only able to garner 26 Democrats to support it.
This is the most partisan place on earth, and everything we do is
constantly geared to one party gaining advantage over the other, and
there is nothing wrong with that. The two-party system works.
But campaign finance reform is like nuclear disarmament. Even if we
can find within ourselves the nobility to put our own personal
interests aside and not protecting incumbencies, we have to achieve
campaign finance reform in a way that lets both sides across the aisle
look each other in the eye and say ``This does not give my party
advantage over yours. This does not give your party advantage over
mine. And that is the only way that we will ever succeed in this
effort.''
Only Shays-Meehan meets that test. Unfortunately, sadly, the work of
the gentleman from Arkansas (Mr. Hutchinson), as good as it is, does
not meet that test. For that reason, I urge Shays-Meehan support.
{time} 2130
Mr. MEEHAN. Mr. Chairman, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Chairman, this has been a very
constructive debate, and I appreciate the various ideas that my
colleagues have offered. But the American people are asking us to do
our job tonight, finally, once and for all.
Seventy-eight percent of them are believing that the current set of
laws that control congressional campaign funding need reform. Eighty-
five percent believe that campaign finance reform is necessary to
reduce the influence of special interests. Seventy-four percent believe
that they have nothing to do with political life, it is only the big
interests.
So I think because we have struck a bipartisan collaborative effort
in the Shays-Meehan legislation on campaign finance reform, let us do
our job tonight.
The Shays-Meehan legislation specifically makes it very clear when we
see ads on television that they are unambiguous, they are unmistakably
for or against an opponent. They do not confuse them. They know who
they do not want to vote for because it says what this is about.
In the shadow of this, the beginning of the election of 2000, when
presidential campaigns are raising a whopping $50 million before
federal campaign funds are matching, the American people want us
tonight, Mr. Chairman, to do something.
[[Page H8273]]
Vote for the Shays-Meehan, real campaign finance reform.
Mr. DAVIS of Florida. Mr. Chairman, I yield 1 minute to the
gentlewoman from Texas (Ms. Eddie Bernice Johnson).
(Ms. EDDIE BERNICE JOHNSON of Texas asked and was given permission to
revise and extend her remarks.)
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I have listened to
the debate, and I am impressed with all of the words that I hear. But I
am concerned about the Hutchinson substitute because it does gut some
of the reforms of Shays-Meehan.
First, it indexes individual contribution limits, allowing them to
automatically increase over time. Increasing individual contribution
limits tells the American public that we think federal offices are for
sale. Raising contribution limits marginalizes the participation of the
poorest Americans and even minorities.
If we raise the limits, we are telling the American people and the
American public that the richer we are, the better we are and we have
to be rich to be heard.
This substitute really is a vote in favor of continuing to let money
run our political system. A vote for the Hutchinson substitute tells
the world that federal offices really are for sale. And most glaringly,
the Hutchinson substitute tells America that to be protected they must
be rich, it will cost them.
So I would ask that everyone support the Shays-Meehan and vote
against the Hutchinson.
Mr. HUTCHINSON. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Brady), who has really been a team player, who has been very
outspoken on the issue of campaign finance reform.
Mr. BRADY of Texas. Mr. Chairman, the American dream is unique to our
Nation. It means that no matter where we were born or of what means, if
we work hard enough, if we want it bad enough, we can be anything,
anything we want to be in this life, including a Member of Congress.
These days I am not so sure that American dream is going to be around
for our young people. Today the average cost of winning an open seat in
Congress is just about a million dollars. It is a million dollars, and
it is doubling every 4 years.
That means a lots of good people in my community and a lot of good
people in years to come are not going to be able to raise their hands
to run for Congress because they do not have a million dollars; they do
not even know where they would find it.
Well, it is not that perhaps the very wealthy cannot make good
decisions. The point is, in a representative democracy like ours, I do
not want to wake up some day and see that people from all walks of life
cannot serve in this great body. I am convinced they can.
The Hutchinson bill takes a big step in restoring us to a citizen
Congress from all walks of life. It is balanced. It does not give an
edge to either political party, and it is constitutionally sound.
Today let me make a prediction. Shays-Meehan will pass this House and
Shays-Meehan will die yet another death in the Senate, as it did last
year.
Now, for some that is not a problem, but for me it is. I am convinced
the reason people do not raise campaign finance in the polls as often
is that they have given up hope it will actually do something. And
every year it fails, every year it fails to pass into law, we
discourage more people.
So my message is to the Senate, after Shays-Meehan dies, as it
inevitably will, if they are serious about real reform that is
constitutionally very sound, can actually become the law of the land,
take a look at Hutchinson.
We are a little like the girl next door. When we get tired of chasing
the prom queen and we are looking for real substance, the Hutchinson
reform bill is here. It closes the soft money loophole. It preserves
free speech and returns us to a citizen Congress. And more importantly,
Hutchinson offers hope for those Americans who have lost hope that
Congress will do the right thing to restore a citizen Congress to make
it harder for incumbents to push us back in our districts to listen to
our people. Hutchinson offers hope.
Mr. SHAYS. Mr. Chairman, I yield myself 2 minutes to refute,
especially since my wife is in the gallery, that I am chasing the prom
queen.
First off let me say that whenever the gentleman from Arkansas (Mr.
Hutchinson) is involved in starting the flow of the debate, it always
starts in a tone that to me is what makes me proud to be in this
chamber, Republicans and Democrats talking about what we agree and
disagree on. I just appreciate what he and his fellow freshmen have
done. They have had an important role in helping us.
They could have an even more important role instead of giving the
Senate an excuse to vote against campaign finance reform if their
amendment fails, their substitute, that they then vote for our bill to
enable it to have more support in the House and more impact in the
Senate.
The bottom line is that we have two loopholes in our campaign law.
One is soft money, the unlimited sums contributed by individuals,
corporations, labor unions, and other interest groups. The gentleman
from Arkansas (Mr. Hutchinson) and his colleagues deal with part of
that. They ban soft money on the federal level. But they do not ban
soft money on the State level for federal elections, and that will
still allow corporations and labor unions to provide unlimited sums
through corporate treasury money and union dues money. We shut that
off.
The other thing they do not deal with are the sham issue ads. We do
not outlaw them. We just simply call them what they are, campaign ads.
Something interesting happens when we call them a campaign ad. We
cannot use corporate money, and we cannot use union dues money. So we
really believe that we need to deal with those issues.
We did not reach for the stars. This is not public funding. We did
not reach for the stars. This is not half-price radio and TV. This is a
middle-ground bill. And I really believe we can pass it in the Senate.
But even if we pass it in the Senate, do my colleagues really believe
the Senate is going to vote for any bill exactly the way we send it to
them? They are going to vote for their bill.
So I encourage my colleagues to vote against the Hutchinson bill and
send this bill to the Senate.
Mr. DAVIS of Florida. Mr. Chairman, I yield 1 minute to the
distinguished gentleman from New Jersey (Mr. Holt).
(Mr. HOLT asked and was given permission to revise and extend his
remarks.)
Mr. HOLT. Mr. Chairman, I rise in opposition to the Hutchinson
substitute.
The first legislative act I took when I came to Congress in January
was to cosponsor the Shays-Meehan bill. I did that because I believe
that there is a crisis of confidence among voters in our political
process. They know it is broken.
If we are ever going to restore the full trust of the American people
in their Government, we must reform the campaign fiance system. The
trust is vital if we are ever going to meet challenges like
guaranteeing Social Security, improving our schools, increasing access
to health care.
The public will not accept any solutions crafted here if they believe
the solutions exist just for the special interests.
The Shays-Meehan bill would bar soft money; it would expose deceptive
ads for what they really are, campaign ads. It would require new
disclosure rules. These are partial, but essential, reforms.
By contrast, the Hutchinson substitute would simply redirect these
funds to State political parties and allow the parties to continue to
raise unlimited soft money. With double-existing hard money amounts, it
is not reform; it is a step backwards.
Pass the Shays-Meehan bill, not a substitute.
Mr. HUTCHINSON. Mr. Chairman, I yield 4 minutes to the gentleman from
Missouri (Mr. Hulshof) who is the president of the freshmen class that
initiated campaign finance reform and has done an outstanding job.
(Mr. HULSHOF asked and was given permission to revise and extend his
remarks.)
Mr. HULSHOF. Mr. Chairman, I thank the gentleman for yielding me the
time.
To my good friend from Connecticut and to the gentleman from
Massachusetts, we have been laboring today
[[Page H8274]]
under the old adage that ``If at first you don't succeed, try, try
again.'' Yet, those of us who support the Hutchinson substitute, we
believe we are engaged in an exercise of futility.
The definition of ``insanity'' is taking exactly the same action and
expecting a different result. The fact is that the Shays-Meehan bill is
not going to pass in the Senate. The stage is set. The lights are up.
The actors are ready. And they have handed us the same script. And
guess what? The ending is the same.
Now, I want to respond to two consistent themes that have been heard
throughout the day. I heard one colleague that suggested that in order
to accomplish reform we are going to have to navigate a mine field of
poison pills, as if every legitimate substitute not named ``Shays-
Meehan'' somehow deserved a scarlet letter.
Well, Mr. Chairman, there are some of us who are really sincere
reformers who choose not to kneel at the altar of every bill that has
been anointed by some in this House or some in the Beltway. I think
that the refusal to budge or compromise on the underlying bill has
poisoned the well of campaign reform.
The gentleman from Pennsylvania spoke earlier about the bipartisan
majority in the last debate. Yes, there were 250 new votes. I was one
of them. I reluctantly supported Shays-Meehan last time because it was
the only train leaving the station.
Quite frankly, if we were honest with ourselves in this body, I would
think that we would agree that there were probably some jail-house
converts last time who knew they were going to get a free vote on
reform because the bill was going to fail in the Senate.
Regarding the merits of the Hutchinson alternative, it does ban soft
money at the federal level. It prohibits States from transferring soft
money. First, it allows States to decide for themselves and their own
State legislatures whether or not to ban soft money at the State level
for party building or get-out-the-vote efforts. But there is a firewall
that is built between the State campaigns and the federal campaigns.
Some have declared this some sort of a loophole. I respectfully
disagree.
In Missouri, if they run for State-wide office, they can accept
business contributions or corporate donations; and yet that money
cannot be transferred to a federal candidate running for office. In the
same way, the Hutchinson bill sets up an impenetrable firewall. And so
we ban soft money at the federal level.
To the gentlewoman who spoke earlier about indexing the caps for
inflation, if we ban some money at the federal level, I believe we have
to index and raise the amount of money available in hard dollars.
I submit, Mr. Chairman, it is easy for newspaper editors or broadcast
journalists across this country to wrap their arms around an extreme
type of campaign reform because to them speech is free. And yet, if we
want to refute or rebut a poisonous editorial, it costs us precious
campaign dollars.
Without indexing limits for inflation, two things happen: either
wealthy candidates will fund their own extravagant campaigns for
office, or incumbents get the benefits of the present campaign zone.
Because, as the gentleman from Montana pointed out, we have the ability
to have name recognition or we have the ability of franked mail and the
advantages of the incumbency.
For those of us who first ran unsuccessfully for Congress as a
challenger, we need to keep the playing field level for challengers and
incumbents alike. I think the Hutchinson bill is the best effort
regarding that alternative.
{time} 2145
Finally, I believe it is time that we send a new piece of legislation
to the Senate. This act takes a realistic and practical approach to
reforming our Nation's campaign laws. I urge its support.
Mr. Chairman, I rise today in support of H.R. 1867, The Campaign
Integrity Act of 1999, introduced by my colleague Representative
Hutchinson. It is important to remember this legislation is the product
of a bipartisan group of newly-elected Members last Congress. Through
hearings and testimony, this legislation is a compromise approach to
reforming our federal campaign finance structure. This core group of
reformers stand before this chamber with an important alternative to
the Shays-Meehan legislation.
In discussions with many of my colleagues and after reading the bills
handicaps in several news articles, one item stands as a striking
difference with this years debate on campaign finance reform. This
debate lacks the drama presented by last year's discussion. The radical
and rarely used tool of the discharge petition has been rendered
ineffective and the outcome of this debate on campaign finance reform
seems all too certain. With the lights dimmed and the pre-debate
rhetoric toned down, the House plans to run the same play with the
confidence of the American people hanging in the balance.
During last year's debate I challenged my colleagues to support the
``freshmen bill'' because it cut a swath down the middle of the
campaign finance reform debate. Members could receive the same
accolades from editorial boards across the country and their
constituents for banning soft money, improving disclosure, and dealing
with issue advertisements without harming the Constitution's provision
for free speech. These three key elements continue to be the mantel of
most campaign finance reform supporters.
However, it is incumbent upon us today to determine how these
fundamental provisions of reform can make their way past the Senate and
to the President's desk. Passing campaign finance reform measures out
of the House, which we know will fall upon the same fate as it did last
Congress in the Senate, does very little toward reforming the current
inadequacies of how federal campaigns are financed. Mr. Chairman, we
risk permanent damage to the faith of our individual constituents who
feel their voices go unrecognized in the current political process.
Passing Shays-Meehan and voting down the incremental but substantive
strategy the Hutchinson bill provides will do little more than feed the
flames of cynicism that Congress will never enact legislation to
address the shortcomings of funding federal campaigns.
My fellow colleagues, it is interesting that on the day we consider
campaign finance reform that we are in the thick of the annual
appropriations process. I know that when I consider my vote on any one
of the 13 appropriations' bills I begin by asking myself if I can
support the compromise reached in the legislation before the House. Are
there provisions within the bill that I find objectional enough to
withhold my support of the overall legislation? No one gets everything
they would like in each appropriations bill and the appropriations
process clearly becomes a work of compromise. I ask my colleagues to
use this same strategy in this campaign finance reform debate. Put
aside your pride of ownership so that we may get substantive campaign
finance reform that can pass the Senate and become law. Congress has
been sold a bill of goods that there is only one way you can be for
reform of the current financing systems supporters of the underlying
bill have placed the scarlet letter of a ``poison pill'' on every other
alternative. The only thing being poisoned is the well of effective
campaign finance reform that is the end result of passing the Shays-
Meehan bill and making it increasingly unlikely that Congress will
enact meaningful reform. Adopting a strategy that simply tries the same
thing twice is something Congress rarely does because it often doesn't
work. I hope every constituent and newspaper editors ask the question;
``Who are the real reformers?'' when we continue to try a failed
strategy. A martyr's death does nothing to help restore confidence in
our political system.
It's time to send a new piece of legislation to the United States
Senate. The Campaign Integrity Act takes a realistic and practical
approach to reforming our country's campaign finance laws. By taking a
step in the right direction the House can pass legislation that both
focuses on reforming the most egregious campaign finance abuses, while
standing the best chance of passing the Senate and being signed into
law by the President. Let's restore the faith of the American people
and pass legislation that moves towards meaningful campaign finance
reform. I urge support of the Campaign Integrity Act of 1999.
Mr. MEEHAN. Mr. Chairman, I yield 90 seconds to the gentleman from
Washington (Mr. Inslee), a leader in campaign finance reform.
(Mr. INSLEE asked and was given permission to revise and extend his
remarks.)
Mr. INSLEE. Mr. Chairman, I rise in favor of Shays-Meehan and against
the substitute. In doing so, I would like to make a freshman
observation. The observation I would like to make is that those of us
in this Chamber have a unique opportunity in the world tonight. I say
in the world tonight, because while there are other legislators elected
by their constituents in other places in the world, some even older
than our democracy, like Iceland, none
[[Page H8275]]
of them represent the Taj Mahal of democracy which is the American
democratic system. And so when we act tonight to try to refine our
system, let me suggest that we must act with assertion, we must act in
a stalwart manner, and we have got to act aggressively.
Right now, the substitute acts with benign neglect of the biggest
virus on the body politic in our country right now, which are bogus
issue ads, bogus issue ads, which both parties and all special
interests are taking out a political hammer and trying to beat their
opponent over the head with it and seeking immunity in doing so by
saying, ``It wasn't a hammer, it was only a blunt instrument.''
The damage to the health of democracy is the same whether we call
them hammers or blunt instruments. We have got to make sure we address
issue advocacy. The substitute has an abject failure to do so. Shays-
Meehan recognizes that the special interests have found a giant
loophole. They are taking those hammers and they are walking through.
We have got to shut that down.
We have got the Taj Mahal of democracy. We have got real democracy.
Let us have real reform and end issue ads.
The CHAIRMAN. The Chair would advise that the gentleman from Arkansas
(Mr. Hutchinson) has 2\1/2\ minutes remaining, the gentleman from
Connecticut (Mr. Shays) has 2 minutes, the gentleman from Massachusetts
(Mr. Meehan) has 2 minutes, and the gentleman from Florida (Mr. Davis)
has 2 minutes.
Mr. HUTCHINSON. Mr. Chairman, who has the right to close?
The CHAIRMAN. The gentleman from Florida (Mr. Davis), a member of the
committee, has the right to close.
Mr. SHAYS. Mr. Chairman, I yield the balance of my time to the
gentleman from California (Mr. Campbell).
Mr. CAMPBELL. Mr. Chairman, how many times did the civil rights bill
come up on the floor of this Chamber? Do we not owe a debt to those who
in the face of having been defeated kept trying? How many times did the
Brady bill come up, and those of us who were concerned about handgun
violence kept bringing it up, and finally it did pass. To be told that
we cannot try Shays-Meehan one more time after one failure is a rebuke
to the previous experience of those two particular examples, and
hundreds of others.
We are told that the Shays-Meehan bill does not admit amendments or
compromise. That is not true. Twenty-three amendments were passed last
year and of those, 20 were incorporated in the bill this year. This
bill has borne the benefit of the compromise process.
Why is it important to try? Because as the gentleman from Washington
(Mr. Inslee) who just spoke pointed out, there is a critical part of
Shays-Meehan that is not in the Hutchinson bill. It deals with the sham
ads. Why not try? Then if the bill gets over to the Senate and it turns
out they do not like that provision, they can work their will over
there. A motion can be made to strike the sham issue ads provision, and
then we will go to conference and the result will be much like just the
Hutchinson bill, in other words, a bill that just bans soft money. But
if we do not try, we will never get there. We will never get the chance
to ban sham issue ads.
How serious are sham issue ads? Oh, they are serious. Think about it
just for a minute. If you run a campaign ad saying, ``Vote for me,''
you can only use donations that are $1,000 maximum. But if instead your
party says, you're a splendid candidate, a great individual and deserve
to be in Congress, they can use any amount of money, unregulated,
because they did not say, ``Vote for me.''
We have seen this at the Presidential level. An actual ad from the
last Presidential campaign points out, ``Medicare slashed . . . then
Dole resigns, leaving behind gridlock he and Gingrich created.'' That
was with soft money. Here is the one with hard money: ``The President
stands firm. A balanced budget protects Medicare; disabled children; no
again. Now Dole resigns, leaves the gridlock he and Gingrich created.''
They are the same thing.
Let us try to close that loophole.
How about the soft money loophole? It also is closed in the Shays-
Meehan, but not in Hutchinson.
Mr. MEEHAN. Mr. Chairman, I yield 30 seconds to the gentlewoman from
Ohio (Ms. Kaptur).
Mr. DAVIS of Florida. Mr. Chairman, I yield 30 seconds to the
gentlewoman from Ohio (Ms. Kaptur).
The CHAIRMAN. The gentlewoman from Ohio is recognized for 1 minute.
Ms. KAPTUR. Mr. Chairman, there is a simple reason for voting against
the Hutchinson substitute. A vote for it destroys the first and only
bipartisan piece of campaign finance reform ever to be passed in this
Chamber. It destroys the only bill that will close the soft money
loophole. Should this bill pass, it will pull the rug out from under
Shays-Meehan. We cannot let that happen. The Hutchinson substitute does
not stop soft money from influencing our Federal elections. It only
does half the job. While this amendment calls for a ban on Federal soft
money, it does not stop State parties from spending soft money on
Federal elections.
That is like bolting the front door to protect yourself from burglars
while hanging a neon sign on the back door that says, ``Come on in.''
It is a shell game. You are only moving the soft money from the Federal
parties to the State parties.
The American people deserve better. The substitute leaves in place
the current loophole through which unlimited dollars are funneled into
Federal elections through sham issue ads as well.
Please vote against the Hutchinson substitute. America must do
better. Vote against the substitute.
Mr. HUTCHINSON. Mr. Chairman, I yield myself the balance of my time.
Again I want to thank my colleagues for their gracious spirit and the
way they engaged in this debate, but I want to come back to some of the
things that have been said. First of all I appreciate the kudos, that
this is a noble effort, a great job. We need votes in this, votes that
will change the dynamics in this body. I appreciate the compliments.
The gentleman from California (Mr. Campbell) is an extraordinary
legal scholar, but he wants to challenge the Supreme Court, and he has
got guts there, but I do not think when you are dealing with campaign
finance reform, you ought to go right in the face of the Supreme Court.
I think they make these decisions for a reason, and it is the loophole
of the sham ads that you talk about, that loophole is called the first
amendment. I think it is something to be cherished, something that is
to be regarded, something that should not be discarded lightly. So I
have problems with that approach, that we are just going to go up to
the Supreme Court, we are going to cost citizens millions of dollars
and we are not going to worry about it and hope they change their mind.
I think that is the wrong approach.
The gentlewoman from Ohio just talked about that this is not a
bipartisan bill. I would remind my colleagues that this is inherently
bipartisan. It is inherently bipartisan because my friends worked
together with this. Now, they switched gears on us. In fact in the last
vote there were 60 Democrats that voted ``present.'' I would urge my
friends to reconsider that vote and vote positive for this, the bill
that you supported.
If you look at where we are right now, this bill is going to go to
the Senate. I hope we have a great vote. I hope we win. I hope people
change their mind, but I am realistic. Shays-Meehan will most likely
pass. It is going to go to the Senate for the third time. The first
time it could not get the votes. The second time it could not get the
votes. What will happen this time? I have talked to some of you
privately, you say, ``We know it doesn't have the votes in the
Senate,'' but we are going to send it over there for the third time.
I want to look to the future in a positive sense. I hope that the
Senate will take some of these ideas and forge a bill that will pass.
But what happens if they reject Shays-Meehan the third time? Next
spring, are we going to give up? Are we going to tell the American
voters, ``We can't do it''? Please, I plead with my colleagues, when it
comes back next year, let us reconsider our position, let us be
flexible, let us work together and get something, what we originally
said we were going to do, which is common ground, common ground that we
can send over there and be passed. Then we can look back on
[[Page H8276]]
this Congress and say, We did something. We worked together. We
accomplished something. It passed, for the first time in 25 years.
Do you believe in your heart Shays-Meehan will be the one to do that?
I urge support for the Hutchinson substitute.
Mr. MEEHAN. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, we enact campaign finance reform once in a generation.
The last time we enacted meaningful, comprehensive campaign finance
reform was in the post-Watergate era. For a while that system worked
pretty well. But over a period of the last 20 to 25 years, loopholes
have developed in the law, loopholes being that incredible amounts of
soft money, over and above the legal limits, are being spent to
influence elections in our country. An incredible amount, millions of
dollars in sham issue ads are being spent to influence elections in our
country. So we now have a unique opportunity to pass comprehensive
campaign finance reform. We have to make sure that when we pass this
bill, we do not pass a bill that already has loopholes in it.
The Hutchinson amendment fails to close the soft money loophole
because it enables the insurance companies and the tobacco companies
and all of these special interests to circumvent the Federal parties
and influence Federal campaigns by going to the States. Many of these
States do not even have disclosure requirements of this money. It is
too big of a loophole. It does not do anything about reining in sham
issue ads. It is too big of a loophole. We have to deal with both of
these problems. That is why we have to pass this bill.
Finally, a majority of the Members of the Senate have supported this
legislation. The only reason it has not passed is we have not gotten
the 60 votes over there to break a filibuster. We are going to be able
to do it because eventually the public will win this argument. Vote for
Shays-Meehan.
Mr. DAVIS of Florida. Mr. Chairman, I yield myself the balance of my
time.
The CHAIRMAN. The gentleman from Florida (Mr. Davis) is recognized
for 1\1/2\ minutes.
Mr. DAVIS of Florida. Mr. Chairman, the Hutchinson bill on balance is
a good bill. I want to commend the gentleman from Arkansas (Mr.
Hutchinson), the gentleman from Missouri (Mr. Hulshof), the gentleman
from Maine (Mr. Allen) and all of us who worked very hard to put it
together. It was the best we could do under some very rough
circumstances, over opposition from Democrats and Republicans here. But
I disagree with the gentleman from Arkansas (Mr. Hutchinson) when he
says we cannot do better. We have to do better. Look how far we have
come just in the last year.
Last year, we as freshmen had to fight like dogs just to get the bill
heard on the floor of the House. We encountered numerous forms of
subterfuge just to be heard on the merits. Tonight we have been much
more successful in having an open and honest debate on campaign finance
reform. We have had some very strong votes here tonight, Democrats and
Republicans. We are making progress. We are starting to make it clear
that we have found a way to close two of the most gaping loopholes in
the system.
Shays-Meehan has been to the Senate only once, not twice. It will go
over there again tonight. Last year 52 Senators, Democrats and
Republicans, voted in favor of the McCain-Feingold companion to our
bill. Can they do better? They have to do better. Our system of
democracy depends upon it.
Let us not sell ourselves short tonight. Let us instead be ambitious.
Let us pass the strongest campaign finance reform bill that we can. Let
us send it to the Senate. We will negotiate and try to produce
something that is meaningful to close two of these most gaping
loopholes, because the money continues to pour in at record rates. We
have got to do something and we can help put the Senate in the right
direction. I would urge defeat of the Hutchinson amendment.
The CHAIRMAN. The question is on the amendment in the nature of a
substitute offered by the gentleman from Arkansas (Mr. Hutchinson).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Recorded Vote
Mr. HILL of Montana. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 99,
noes 327, not voting 7, as follows:
[Roll No. 420]
AYES--99
Aderholt
Archer
Bachus
Baker
Ballenger
Barcia
Barton
Bateman
Blunt
Bono
Brady (TX)
Burr
Burton
Buyer
Callahan
Chabot
Coble
Coburn
Collins
Combest
Cook
Cunningham
Davis (VA)
Diaz-Balart
Dickey
Duncan
Ehlers
Emerson
English
Everett
Ewing
Fowler
Gekas
Gibbons
Goode
Goodlatte
Goss
Granger
Green (WI)
Gutknecht
Hall (TX)
Hansen
Hill (MT)
Hobson
Hoekstra
Hulshof
Hutchinson
Jenkins
John
Jones (NC)
Kolbe
LaHood
Largent
Linder
McCollum
McCrery
McKeon
Miller (FL)
Moran (KS)
Myrick
Ney
Nussle
Oxley
Paul
Peterson (MN)
Petri
Pickering
Radanovich
Riley
Rohrabacher
Royce
Ryan (WI)
Salmon
Scarborough
Scott
Sensenbrenner
Shimkus
Shuster
Smith (NJ)
Spence
Stearns
Stump
Sununu
Sweeney
Talent
Tauzin
Taylor (NC)
Thomas
Thornberry
Thune
Vitter
Walden
Watkins
Weldon (FL)
Whitfield
Wicker
Wilson
Wolf
Young (AK)
NOES--327
Abercrombie
Ackerman
Allen
Andrews
Armey
Baird
Baldacci
Baldwin
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Boehlert
Boehner
Bonilla
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Bryant
Calvert
Camp
Campbell
Canady
Cannon
Capps
Capuano
Cardin
Carson
Castle
Chambliss
Chenoweth
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crowley
Cubin
Cummings
Danner
Davis (FL)
Davis (IL)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehrlich
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Graham
Green (TX)
Greenwood
Hall (OH)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hilleary
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Inslee
Isakson
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones (OH)
Kanjorski
Kaptur
Kasich
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kleczka
Klink
Knollenberg
Kucinich
Kuykendall
LaFalce
Lampson
Lantos
Larson
Latham
LaTourette
Lazio
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHugh
McInnis
McIntosh
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Mica
Millender-McDonald
Miller, Gary
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (VA)
Morella
Murtha
Nadler
Napolitano
Neal
Nethercutt
Northup
Norwood
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Packard
Pallone
Pascrell
Pastor
Payne
Pease
Pelosi
Phelps
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Regula
Reyes
Reynolds
Rivers
Rodriguez
Roemer
Rogan
Rogers
Rothman
Roukema
Roybal-Allard
Rush
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Schaffer
Schakowsky
Serrano
Sessions
Shadegg
Shays
Sherman
Sherwood
Shows
Simpson
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Smith (WA)
Snyder
Souder
Spratt
Stabenow
Stark
Stenholm
Strickland
Stupak
Tancredo
Tanner
Tauscher
Taylor (MS)
Terry
Thompson (CA)
Thompson (MS)
Thurman
Tiahrt
Tierney
Toomey
Towns
Traficant
[[Page H8277]]
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Walsh
Wamp
Waters
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (PA)
Weller
Wexler
Weygand
Wise
Woolsey
Wu
Wynn
Young (FL)
NOT VOTING--7
Gutierrez
Hastings (FL)
Kingston
Peterson (PA)
Pryce (OH)
Ros-Lehtinen
Shaw
{time} 2219
Mr. WELDON of Pennsylvania changed his vote from ``aye'' to ``no.''
Mr. ROHRABACHER changed his vote from ``no'' to ``aye.''
So the amendment in the nature of a substitute was rejected.
The result of the vote was announced as above recorded.
The CHAIRMAN. It is now in order to consider amendment No. 13 printed
in House Report 106-311.
Amendment No. 13 in the Nature of a Substitute Offered by Mr. Thomas
Mr. THOMAS. Mr. Chairman, I offer an amendment in the nature of a
substitute.
The CHAIRMAN. The Clerk will designate the amendment in the nature of
a substitute.
The text of the amendment in the nature of a substitute is as
follows:
Amendment No. 13 in the nature of a substitute offered by
Mr. Thomas:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Campaign
Reform and Election Integrity Act of 1999''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References in act.
TITLE I--BAN ON FOREIGN CONTRIBUTIONS
Sec. 101. Extension of ban on foreign contributions to all campaign-
related disbursements; protecting equal participation of
eligible voters.
TITLE II--IMPROVING REPORTING OF INFORMATION
Sec. 201. Mandatory electronic filing for certain reports; expediting
reporting of information.
Sec. 202. Reporting of secondary payments; expansion of other types of
information reported.
Sec. 203. Disclosure requirements for certain soft money expenditures
of political parties.
TITLE III--STRENGTHENING ENFORCEMENT AND ADMINISTRATION OF FEDERAL
ELECTION COMMISSION
Sec. 301. Standards for initiation of actions and written responses by
Federal Election Commission.
Sec. 302. Banning acceptance of cash contributions greater than $100.
Sec. 303. Deposit of certain contributions and donations to be returned
to donors in Treasury account.
Sec. 304. Alternative procedures for imposition of penalties for
reporting violations.
Sec. 305. Abolition of ex officio membership of Clerk of House of
Representatives and Secretary of Senate on Commission.
Sec. 306. Broader prohibition against force and reprisals.
Sec. 307. Signature authority of members of Commission for subpoenas
and notification of intent to seek additional
information.
TITLE IV--SIMPLIFYING AND CLARIFYING FEDERAL ELECTION LAW
Sec. 401. Application of aggregate contribution limit on calendar year
basis during non-election years.
Sec. 402. Treatment of lines of credit obtained by candidates as
commercially reasonable loans.
Sec. 403. Repeal Secretary of Commerce reports on district-specific
population.
Sec. 404. Technical correction regarding treatment of honoraria.
TITLE V--EFFECTIVE DATE
Sec. 501. Effective date.
SEC. 2. REFERENCES IN ACT.
Except as otherwise specifically provided, whenever in this
Act an amendment is expressed in terms of an amendment to or
repeal of a section or other provision, the reference shall
be considered to be made to that section or other provision
of the Federal Election Campaign Act of 1971 .
TITLE I--BAN ON FOREIGN CONTRIBUTIONS
SEC. 101. EXTENSION OF BAN ON FOREIGN CONTRIBUTIONS TO ALL
CAMPAIGN-RELATED DISBURSEMENTS; PROTECTING
EQUAL PARTICIPATION OF ELIGIBLE VOTERS.
(a) Prohibition on Disbursements by Foreign Nationals.--
Section 319 (2 U.S.C. 441e) is amended--
(1) in the heading, by striking ``contributions'' and
inserting ``donations and other disbursements'';
(2) in subsection (a), by striking ``contribution'' each
place it appears and inserting ``donation or other
disbursement''; and
(3) in subsection (a), by striking the semicolon and
inserting the following: ``, including any donation or other
disbursement to a political committee of a political party
and any donation or other disbursement for an independent
expenditure;''.
(b) Codification of Regulations Prohibiting Use of Foreign
Funds by Multicandidate Political Committees; Protecting
Equal Participation of Eligible Voters in Campaigns and
Elections.--Section 319 (2 U.S.C. 441e) is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by inserting after subsection (a) the following new
subsections:
``(b) It shall be unlawful for any person organized under
or created by the laws of the United States or of any State
or other place subject to the jurisdiction of the United
States to make any donation or other disbursement to any
candidate for political office in connection with an election
for any political office, or to make any donation or other
disbursement to any political committee or to any
organization or account created or controlled by any United
States political party, unless such donation or disbursement
is derived solely from funds generated from such person's own
business activities in the United States.
``(c) Nothing in this Act may be construed to prohibit any
individual eligible to vote in an election for Federal office
from making contributions or expenditures in support of a
candidate for such an election (including voluntary
contributions or expenditures made through a separate
segregated fund established by the individual's employer or
labor organization) or otherwise participating in any
campaign for such an election in the same manner and to the
same extent as any other individual eligible to vote in an
election for such office.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to contributions, donations, and
other disbursements made on or after the date of the
enactment of this Act.
TITLE II--IMPROVING REPORTING OF INFORMATION
SEC. 201. MANDATORY ELECTRONIC FILING FOR CERTAIN REPORTS;
EXPEDITING REPORTING OF INFORMATION.
(a) Requiring Electronic Filing Within 24 Hours of Certain
Contributions and Independent Expenditures Made Within 90
Days of Election.--
(1) In general.--Section 304(a) (2 U.S.C. 434(a)) is
amended by adding at the end the following new paragraph:
``(12)(A) Notwithstanding any other provision of this Act,
each political committee described in subparagraph (B)(i)
that receives a contribution in an amount equal to or greater
than $200, and any person described in subparagraph (B)(ii)
who makes an independent expenditure, during the period which
begins on the 90th day before an election and ends at the
time the polls close for such election shall, with respect to
any information required to be filed with the Commission
under this section with respect to such contribution or
independent expenditure, file and preserve the information
using electronic mail, the Internet, or such other method of
instantaneous transmission as the Commission may permit, and
shall file the information within 24 hours after the receipt
of the contribution or the making of the independent
expenditure.
``(B) For purposes of subparagraph (A)--
``(i) a political committee described in this clause is a
political committee that has received an aggregate amount of
contributions equal to or greater than $50,000 with respect
to the election cycle involved; and
``(ii) a person described in this clause is a person who
makes an aggregate amount of independent expenditures during
the election cycle involved or during any of the 2 previous
2-year general election cycles in an amount equal to or
greater than $10,000.
``(C) The Commission shall make the information filed under
this paragraph available on the Internet immediately upon
receipt.''.
(2) Internet defined.--Section 301(19) (2 U.S.C. 431(19))
is amended to read as follows:
``(19) The term `Internet' means the international computer
network of both Federal and non-Federal interoperable packet-
switched data networks.''.
(b) Requiring Reports of Certain Filers to be Transmitted
Electronically; Certification of Private Sector Software.--
Section 304(a)(11)(A) (2 U.S.C. 434(a)(11)(A)) is amended by
striking the period at the end and inserting the following:
``, except that in the case of a report submitted by a person
who reports an aggregate amount of contributions or
expenditures (as the case may be) in all reports filed with
respect to the election cycle involved (taking into account
the period covered by the report) in an amount equal to or
greater than $50,000, the Commission shall require the report
to be filed and preserved by electronic mail, the Internet,
or such other method of instantaneous transmission as the
Commission may permit. The Commission shall certify (on an
ongoing basis) private sector computer software which may be
used for filing reports by such methods.''.
(c) Requiring Reports for All Contributions Made Within 20
Days of Election; Requiring Reports to Be Made Within 24
Hours.--Section 304(a)(6)(A) (2 U.S.C. 434(a)(6)(A)) is
amended--
[[Page H8278]]
(1) by striking ``after the 20th day, but more than 48
hours before any election'' and inserting ``during the period
which begins on the 20th day before an election and ends at
the time the polls close for such election''; and
(2) by striking ``48 hours'' the second place it appears
and inserting the following: ``24 hours (or, if earlier, by
midnight of the day on which the contribution is
deposited)''.
(d) Requiring Actual Receipt of Certain Independent
Expenditure Reports Within 24 Hours.--
(1) In general.--Section 304(c)(2) (2 U.S.C. 434(c)(2)) is
amended in the matter following subparagraph (C)--
(A) by striking ``shall be reported'' and inserting ``shall
be filed''; and
(B) by adding at the end the following new sentence:
``Notwithstanding subsection (a)(5), the time at which the
statement under this subsection is received by the Secretary,
the Commission, or any other recipient to whom the
notification is required to be sent shall be considered the
time of filing of the statement with the recipient.''.
(2) Conforming amendment.--Section 304(a)(5) (2 U.S.C.
434(a)(5)) is amended by striking ``or (4)(A)(ii)'' and
inserting ``or (4)(A)(ii), or the second sentence of
subsection (c)(2)''.
(e) Change in Certain Reporting From a Calendar Year Basis
to an Election Cycle Basis.--
(1) In general.--Section 304(b) (2 U.S.C. 434(b)) is
amended--
(A) by inserting ``(or election cycle, in the case of an
authorized committee of a candidate for Federal office)''
after ``calendar year'' each place it appears in paragraphs
(2), (3), (4), and (7); and
(B) in paragraph (6)(A), by striking ``calendar year'' and
inserting ``election cycle''.
(2) Election cycle defined.--Section 301 (2 U.S.C. 431) is
amended by adding at the end the following:
``(20) Election cycle.--Except as the Commission may
otherwise provide, the term `election cycle' means, with
respect to an election, the period beginning on the day after
the date of the most recent general election for the office
involved and ending on the date of the election.''.
(f) Clarification of Permissible Use of Facsimile Machines
and Electronic Mail to File Reports.--Section 304(a)(11)(A)
(2 U.S.C. 434(a)(11)(A)) is amended by striking ``method,''
and inserting the following: ``method (including by facsimile
device or electronic mail in the case of any report required
to be filed within 24 hours after the transaction reported
has occurred),''.
SEC. 202. REPORTING OF SECONDARY PAYMENTS; EXPANSION OF OTHER
TYPES OF INFORMATION REPORTED.
(a) Requiring Record Keeping and Report of Secondary
Payments by Campaign Committees.--
(1) Reporting.--Section 304(b)(5)(A) (2 U.S.C.
434(b)(5)(A)) is amended by striking the semicolon at the end
and inserting the following: ``, and, if such person in turn
makes expenditures which aggregate $5,000 or more in an
election cycle to other persons (not including employees) who
provide goods or services to the candidate or the candidate's
authorized committees, the name and address of such other
persons, together with the date, amount, and purpose of such
expenditures;''.
(2) Record keeping.--Section 302 (2 U.S.C. 432) is amended
by adding at the end the following new subsection:
``(j) A person described in section 304(b)(5)(A) who makes
expenditures which aggregate $5,000 or more in an election
cycle to other persons (not including employees) who provide
goods or services to a candidate or a candidate's authorized
committees shall provide to a political committee the
information necessary to enable the committee to report the
information described in such section.''.
(3) No effect on other reports.--Nothing in the amendments
made by this subsection may be construed to affect the terms
of any other recordkeeping or reporting requirements
applicable to candidates or political committees under title
III of the Federal Election Campaign Act of 1971.
(b) Including Report on Cumulative Contributions and
Expenditures in Post Election Reports.--Section 304(a)(7) (2
U.S.C. 434(a)(7)) is amended--
(1) by striking ``(7)'' and inserting ``(7)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) In the case of any report required to be filed by
this subsection which is the first report required to be
filed after the date of an election, the report shall include
a statement of the total contributions received and
expenditures made as of the date of the election.''.
(c) Including Information on Aggregate Contributions in
Report on Itemized Contributions.--Section 304(b)(3) (2
U.S.C. 434(b)(3)) is amended--
(1) in subparagraph (A), by inserting after ``such
contribution'' the following: ``and the total amount of all
such contributions made by such person with respect to the
election involved''; and
(2) in subparagraph (B), by inserting after ``such
contribution'' the following: ``and the total amount of all
such contributions made by such committee with respect to the
election involved''.
SEC. 203. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY
EXPENDITURES OF POLITICAL PARTIES.
(a) Transfers of Funds by National Political Parties.--
Section 304(b)(4) (2 U.S.C. 434(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (H);
(2) by adding ``and'' at the end of subparagraph (I); and
(3) by adding at the end the following new subparagraph:
``(J) in the case of a political committee of a national
political party, all funds transferred to any political
committee of a State or local political party, without regard
to whether or not the funds are otherwise treated as
contributions or expenditures under this title;''.
(b) Disclosure by State and Local Political Parties of
Information Reported Under State Law.--Section 304 (2 U.S.C.
434) is amended by adding at the end the following new
subsection:
``(d) If a political committee of a State or local
political party is required under a State or local law, rule,
or regulation to submit a report on its disbursements to an
entity of the State or local government, the committee shall
file a copy of the report with the Commission at the time it
submits the report to such an entity.''.
TITLE III--STRENGTHENING ENFORCEMENT AND ADMINISTRATION OF FEDERAL
ELECTION COMMISSION
SEC. 301. STANDARDS FOR INITIATION OF ACTIONS AND WRITTEN
RESPONSES BY FEDERAL ELECTION COMMISSION.
(a) Standard for Initiation of Actions by FEC.--Section
309(a)(2) (2 U.S.C. 437g(a)(2)) is amended by striking ``it
has reason to believe'' and all that follows through ``of
1954,'' and inserting the following: ``it has a reason to
seek additional information regarding a possible violation of
this Act or of chapter 95 or chapter 96 of the Internal
Revenue Code of 1986 that has occurred or is about to occur
(based on the same criteria applicable under this paragraph
prior to the enactment of the Campaign Reform and Election
Integrity Act of 1999),''.
(b) Requiring FEC to Provide Written Responses to
Questions.--
(1) In general.--Title III (2 U.S.C. 431 et seq.) is
amended by inserting after section 308 the following new
section:
``other written responses to questions
``Sec. 308A. (a) Permitting Responses.--In addition to
issuing advisory opinions under section 308, the Commission
shall issue written responses pursuant to this section with
respect to a written request concerning the application of
this Act, chapter 95 or chapter 96 of the Internal Revenue
Code of 1986, a rule or regulation prescribed by the
Commission, or an advisory opinion issued by the Commission
under section 308, with respect to a specific transaction or
activity by the person, if the Commission finds the
application of the Act, chapter, rule, regulation, or
advisory opinion to the transaction or activity to be clear
and unambiguous.
``(b) Procedure for Response.--
``(1) Analysis by staff.--The staff of the Commission shall
analyze each request submitted under this section. If the
staff believes that the standard described in subsection (a)
is met with respect to the request, the staff shall circulate
a statement to that effect together with a draft response to
the request to the members of the Commission.
``(2) Issuance of response.--Upon the expiration of the 3-
day period beginning on the date the statement and draft
response is circulated (excluding weekends or holidays), the
Commission shall issue the response, unless during such
period any member of the Commission objects to issuing the
response.
``(c) Effect of Response.--
``(1) Safe harbor.--Notwithstanding any other provisions of
law, any person who relies upon any provision or finding of a
written response issued under this section and who acts in
good faith in accordance with the provisions and findings of
such response shall not, as a result of any such act, be
subject to any sanction provided by this Act or by chapter 95
or chapter 96 of the Internal Revenue Code of 1986.
``(2) No reliance by other parties.--Any written response
issued by the Commission under this section may only be
relied upon by the person involved in the specific
transaction or activity with respect to which such response
is issued, and may not be applied by the Commission with
respect to any other person or used by the Commission for
enforcement or regulatory purposes.
``(d) Publication of Requests and Responses.--The
Commission shall make public any request for a written
response made, and the responses issued, under this section.
In carrying out this subsection, the Commission may not make
public the identity of any person submitting a request for a
written response unless the person specifically authorizes to
Commission to do so.
``(e) Compilation of Index.--The Commission shall compile,
publish, and regularly update a complete and detailed index
of the responses issued under this section through which
responses may be found on the basis of the subjects included
in the responses.''.
(2) Conforming amendment.--Section 307(a)(7) (2 U.S.C.
437d(a)(7)) is amended by striking ``of this Act'' and
inserting ``and other written responses under section 308A''.
(c) Standard Form for Complaints; Stronger Disclaimer
Language.--
(1) Standard form.--Section 309(a)(1) (2 U.S.C. 437g(a)(1))
is amended by inserting after ``shall be notarized,'' the
following:
[[Page H8279]]
``shall be in a standard form prescribed by the Commission,
shall not include (but may refer to) extraneous materials,''.
(2) Disclaimer language.--Section 309(a)(1) (2 U.S.C.
437g(a)(1)) is amended--
(A) by striking ``(a)(1)'' and inserting ``(a)(1)(A)''; and
(B) by adding at the end the following new subparagraph:
``(B) The written notice of a complaint provided by the
Commission under subparagraph (A) to a person alleged to have
committed a violation referred to in the complaint shall
include a cover letter (in a form prescribed by the
Commission) and the following statement: `The enclosed
complaint has been filed against you with the Federal
Election Commission. The Commission has not verified or given
official sanction to the complaint. The Commission will make
no decision to pursue the complaint for a period of at least
15 days from your receipt of this complaint. You may, if you
wish, submit a written statement to the Commission explaining
why the Commission should take no action against you based on
this complaint. If the Commission should decide to seek
additional information, you will be notified and be given
further opportunity to respond.'''.
SEC. 302. BANNING ACCEPTANCE OF CASH CONTRIBUTIONS GREATER
THAN $100.
Section 315 (2 U.S.C. 441a) is amended by adding at the end
the following new subsection:
``(i) No candidate or political committee may accept any
contributions of currency of the United States or currency of
any foreign country from any person which, in the aggregate,
exceed $100.''.
SEC. 303. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS TO
BE RETURNED TO DONORS IN TREASURY ACCOUNT.
(a) In General.--Title III (2 U.S.C. 431 et seq.) is
amended by adding at the end the following new section:
``treatment of certain contributions and donations to be returned to
donors
``Sec. 323. (a) Transfer to Commission.--
``(1) In general.--Notwithstanding any other provision of
this Act, if a political committee intends to return any
contribution or donation given to the political committee,
the committee shall transfer the contribution or donation to
the Commission if--
``(A) the contribution or donation is in an amount equal to
or greater than $500 (other than a contribution or donation
returned within 90 days of receipt by the committee); or
``(B) the contribution or donation was made in violation of
section 315, 316, 317, 319, or 320 (other than a contribution
or donation returned within 90 days of receipt by the
committee).
``(2) Information included with transferred contribution or
donation.--A political committee shall include with any
contribution or donation transferred under paragraph (1)--
``(A) a request that the Commission return the contribution
or donation to the person making the contribution or
donation; and
``(B) information regarding the circumstances surrounding
the making of the contribution or donation and any opinion of
the political committee concerning whether the contribution
or donation may have been made in violation of this Act.
``(3) Establishment of escrow account.--
``(A) In general.--The Commission shall establish a single
interest-bearing escrow account for deposit of amounts
transferred under paragraph (1).
``(B) Disposition of amounts received.--On receiving an
amount from a political committee under paragraph (1), the
Commission shall--
``(i) deposit the amount in the escrow account established
under subparagraph (A); and
``(ii) notify the Attorney General and the Commissioner of
the Internal Revenue Service of the receipt of the amount
from the political committee.
``(C) Use of interest.--Interest earned on amounts in the
escrow account established under subparagraph (A) shall be
applied or used for the same purposes as the donation or
contribution on which it is earned.
``(4) Treatment of returned contribution or donation as a
complaint.--The transfer of any contribution or donation to
the Commission under this section shall be treated as the
filing of a complaint under section 309(a).
``(b) Use of Amounts Placed in Escrow To Cover Fines and
Penalties.--The Commission or the Attorney General may
require any amount deposited in the escrow account under
subsection (a)(3) to be applied toward the payment of any
fine or penalty imposed under this Act or title 18, United
States Code, against the person making the contribution or
donation.
``(c) Return of Contribution or Donation After Deposit in
Escrow.--
``(1) In general.--The Commission shall return a
contribution or donation deposited in the escrow account
under subsection (a)(3) to the person making the contribution
or donation if--
``(A) within 180 days after the date the contribution or
donation is transferred, the Commission has not made a
determination under section 309(a)(2) to seek additional
information regarding whether or not the contribution or
donation was made in violation of this Act; or
``(B)(i) the contribution or donation will not be used to
cover fines, penalties, or costs pursuant to subsection (b);
or
``(ii) if the contribution or donation will be used for
those purposes, that the amounts required for those purposes
have been withdrawn from the escrow account and subtracted
from the returnable contribution or donation.
``(2) No effect on status of investigation.--The return of
a contribution or donation by the Commission under this
subsection shall not be construed as having an effect on the
status of an investigation by the Commission or the Attorney
General of the contribution or donation or the circumstances
surrounding the contribution or donation, or on the ability
of the Commission or the Attorney General to take future
actions with respect to the contribution or donation.''.
(b) Amounts Used to Determine Amount of Penalty for
Violation.--Section 309(a) (2 U.S.C. 437g(a)) is amended by
inserting after paragraph (9) the following new paragraph:
``(10) For purposes of determining the amount of a civil
penalty imposed under this subsection for violations of
section 323, the amount of the donation involved shall be
treated as the amount of the contribution involved.''.
(c) Donation Defined.--Section 323, as added by subsection
(a), is amended by adding at the end the following:
``(d) Donation Defined.--In this section, the term
`donation' means a gift, subscription, loan, advance, or
deposit of money or anything else of value made by any person
to a national committee of a political party or a Senatorial
or Congressional Campaign Committee of a national political
party for any purpose, but does not include a contribution
(as defined in section 301(8)).''.
(d) Disgorgement Authority.--Section 309 (2 U.S.C. 437g) is
amended by adding at the end the following new subsection:
``(e) Any conciliation agreement, civil action, or criminal
action entered into or instituted under this section may
require a person to forfeit to the Treasury any contribution,
donation, or expenditure that is the subject of the agreement
or action for transfer to the Commission for deposit in
accordance with section 323.''.
(e) Effective Date.--The amendments made by subsections
(a), (b), and (c) shall apply to contributions or donations
refunded on or after the date of the enactment of this Act,
without regard to whether the Federal Election Commission or
Attorney General has issued regulations to carry out section
323 of the Federal Election Campaign Act of 1971 (as added by
subsection (a)) by such date.
SEC. 304. ALTERNATIVE PROCEDURES FOR IMPOSITION OF PENALTIES
FOR REPORTING VIOLATIONS.
(a) In General.--Section 309(a)(4) (2 U.S.C. 437g(a)(4)) is
amended--
(1) in subparagraph (A)(i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and subparagraph (C)''; and
(2) by adding at the end the following new subparagraph:
``(C)(i) Notwithstanding subparagraph (A), in the case of a
violation of any requirement under this Act relating to the
reporting of receipts or disbursements, the Commission may--
``(I) find that a person committed such a violation on the
basis of information obtained pursuant to the procedures
described in paragraphs (1) and (2); and
``(II) based on such finding, require the person to pay a
civil money penalty in an amount determined under a schedule
of penalties which is established and published by the
Commission and which takes into account the amount of the
violation involved, the existence of previous violations by
the person, and such other factors as the Commission
considers appropriate (but which in no event exceeds
$20,000).
``(ii) The Commission may not make any determination
adverse to a person under clause (i) until the person has
been given written notice and an opportunity to be heard
before the Commission.
``(iii) Any person against whom an adverse determination is
made under this subparagraph may obtain a review of such
determination by filing in the United States District Court
for the District of Columbia or for the district in which the
person resides or transacts business (prior to the expiration
of the 30-day period which begins on the date the person
receives notification of the determination) a written
petition requesting that the determination be modified or set
aside.''.
(b) Conforming Amendment.--Section 309(a)(6)(A) (2 U.S.C.
437g(a)(6)(A)) is amended by striking ``paragraph (4)(A)''
and inserting ``paragraph (4)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to violations occurring on or after
January 1, 2001.
SEC. 305. ABOLITION OF EX OFFICIO MEMBERSHIP OF CLERK OF
HOUSE OF REPRESENTATIVES AND SECRETARY OF
SENATE ON COMMISSION.
Section 306(a) (2 U.S.C. 437c(a)) is amended--
(1) in paragraph (1), by striking ``the Secretary of the
Senate and the Clerk'' and all that follows through ``right
to vote, and''; and
(2) in paragraphs (3), (4), and (5), by striking ``(other
than the Secretary of the Senate and the Clerk of the House
of Representatives)'' each place it appears.
SEC. 306. BROADER PROHIBITION AGAINST FORCE AND REPRISALS.
Section 316(b)(3) (2 U.S.C. 441b(b)(3)) is amended--
[[Page H8280]]
(1) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D); and
(2) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph:
``(A) for such a fund to cause another person to make a
contribution or expenditure by physical force, job
discrimination, financial reprisals, or the threat of force,
job discrimination, or financial reprisal;''.
SEC. 307. SIGNATURE AUTHORITY OF MEMBERS OF COMMISSION FOR
SUBPOENAS AND NOTIFICATION OF INTENT TO SEEK
ADDITIONAL INFORMATION.
(a) Issuance of Subpoenas.--Section 307(a)(3) (2 U.S.C.
437d(a)(3)) is amended by striking ``signed by the chairman
or the vice chairman'' and inserting ``signed by any member
of the Commission''.
(b) Notifications of Intent to Seek Additional
Information.--Section 309(a)(2) (2 U.S.C. 437g(a)(2)) is
amended by striking ``through its chairman or vice chairman''
and inserting ``through any of its members''.
TITLE IV--SIMPLIFYING AND CLARIFYING FEDERAL ELECTION LAW
SEC. 401. APPLICATION OF AGGREGATE CONTRIBUTION LIMIT ON
CALENDAR YEAR BASIS DURING NON-ELECTION YEARS.
Section 315(a)(3) (2 U.S.C. 441a(a)(3)) is amended by
striking the second sentence.
SEC. 402. TREATMENT OF LINES OF CREDIT OBTAINED BY CANDIDATES
AS COMMERCIALLY REASONABLE LOANS.
Section 301(8)(B) (2 U.S.C. 431(8)(B)) is amended--
(1) by striking ``and'' at the end of clause (xiii);
(2) by striking the period at the end of clause (xiv) and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(xv) any loan of money derived from an advance on a
candidate's brokerage account, credit card, home equity line
of credit, or other line of credit available to the
candidate, if such loan is made in accordance with applicable
law and under commercially reasonable terms and if the person
making such loan makes loans in the normal course of the
person's business.''.
SEC. 403. REPEAL SECRETARY OF COMMERCE REPORTS ON DISTRICT-
SPECIFIC POPULATION.
(a) Repeal Report by Secretary of Commerce on District-
Specific Voting Age Population.--Section 315(e) (2 U.S.C.
441a(e)) is amended by striking ``States, of each State, and
of each congressional district'' and inserting ``States and
of each State''.
(b) Deadline for Reporting of Certain Annual Estimates to
Commission.--
(1) Price index.--Section 315(c)(1) (2 U.S.C. 441a(c)(1))
is amended--
(A) by striking ``At the beginning'' and inserting ``Not
later than February 15''; and
(B) by striking ``as there become available necessary data
from the Bureau of Labor Statistics of the Department of
Labor,''.
(2) Voting age population.--Section 315(e) (2 U.S.C.
441a(e)) is amended by striking ``During the first week of
January 1975, and every subsequent year,'' and inserting
``Not later than February 15 of 1975 and each subsequent
year,''.
SEC. 404. TECHNICAL CORRECTION REGARDING TREATMENT OF
HONORARIA.
Section 301(8)(B) (2 U.S.C. 431(8)(B)), as amended by
section 402, is further amended--
(1) by adding ``and'' at the end of clause (xiii);
(2) by striking clause (xiv); and
(3) by redesignating clause (xv) as clause (xiv).
TITLE V--EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall apply with respect to
elections occurring after January 2001.
The CHAIRMAN. Pursuant to House Resolution 283, the gentleman from
California (Mr. Thomas) and the gentleman from Maryland (Mr. Hoyer)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Thomas).
Mr. THOMAS. Mr. Chairman, I yield myself 5 minutes.
Mr. Chairman, the gentleman from Maryland (Mr. Hoyer) framed this
debate earlier in the day, I do not think he fully appreciates it but
he certainly did, when he said we ought to support the Thomas
substitute tomorrow.
We will recall the song, tomorrow, tomorrow, tomorrow is always a day
away.
Some of the provisions in my substitute have stretched that day to
more than a quarter of a century. Of the more than two dozen provisions
in the Thomas substitute, 13 of them have not been addressed since
1976.
Why? The cry has always been for real, for substantive change, change
that could become law, let us do it tomorrow.
We are in the middle of this debate in which people who are
supporting Shays-Meehan have the latest cracker jack approach. Of
course, earlier it was PACs. Before that it was other bogeymen in terms
of the system, all of them fundamental threats to the republic,
notwithstanding the Supreme Court saying that the First Amendment has
to be upheld.
We see another assault on the First Amendment.
What I decided to do, Mr. Chairman, was to examine what the Democrats
were offering, what the Republicans were offering, what was obviously
in need of change, pull it together and in about two dozen provisions
offer change; change that has been needed for more than a quarter of a
century in some instances but has never, ever, for some reason, been
able to move.
Some of my colleagues might find it ironic, but one of the provisions
in my substitute bans foreign soft money in U.S. elections. Another one
guarantees the rights of U.S. citizens to contribute to campaigns
through Political Action Committees. Whether the PAC is a domestic or a
foreign-owned corporation it has to be in the United States. Many of
them deal with the current antiquated timing of information. Many of
them extend from 1976.
Forty-eight hours in 1976 may have been a relatively long time.
Mobile phones were not invented. E-mail was not invented. To a very
great extent, the Internet did not exist. There were 200 sites linked
through the Advanced Research Project Agency's net, but it certainly
was not the Internet. C-SPAN did not exist; neither did CNN or ESPN.
The world has changed in that quarter century, but one thing has not
changed: Federal election law. Why? Because whenever anyone offered
reasonable and appropriate change, the plea was always tomorrow.
If anybody in this Chamber wants to make law tonight, they ought to
take a look at the Thomas substitute because it is, as it will be
described, an amalgam of a bunch of good stuff that should have been
passed a long time ago; but it was always the latest issue that got in
front of it and the latest issue never made it.
This issue will not make it. Shays-Meehan will not become law. If
someone wants to make a political statement, then vote for Shays-
Meehan. If they want to make law, if they want to change current law,
if they want to shorten 48 hours to 24, if they want to take all those
people who currently run their financing of their campaigns on their
computers and then, because of our current laws run a contest in the
campaign office to find a person with the worst handwriting and have
them personally fill out the report so that when it gets to the FEC it
has to be translated and then put on the electronic medium, what we say
is do it electronically if a campaign raises more than $50,000.
Everybody is doing it on computers anyway. These are the kind of
changes that we ought to make first. Let us get it right, and then we
can discuss how we want to change the world.
It just seems to me that at some time after the invention of compact
disk players, after the invention of VCRs, after Larry Bird was elected
NBA rookie of the year in 1980, some of these provisions ought to be
changed. This is the opportunity.
If my colleagues want to make a statement, vote for Shays-Meehan; if
they want to make law, vote for the Thomas substitute.
Mr. Chairman, I reserve the balance of my time.
Mr. HOYER. Mr. Chairman, we want to make sense today. Mr. Chairman, I
yield 3 minutes to the distinguished gentleman from Tennessee (Mr.
Wamp).
Mr. WAMP. Mr. Chairman, I thank the gentleman from Maryland (Mr.
Hoyer) for yielding me this time.
Mr. Chairman, first I want to applaud the truly bipartisan team so
ably lead by the gentleman from Connecticut (Mr. Shays) and the
gentleman from Massachusetts (Mr. Meehan) who have brought us yet again
this year to the success that we have seen today on sticking together
and doing the right thing.
I want to thank the Speaker of the House for honoring his commitment
to allow this legislation to come to the floor with a full and fair
debate in September of this year, and we will complete this business in
a few moments.
I also want to point out, though, that when my party, the Republican
Party, in which I am proud to be an active member, was in the minority
here, our
[[Page H8281]]
party supported most of these same reforms in the minority. The truth
is, any minority party is going to support reform and any majority
party is going to oppose reform because it is basically essential, they
believe, to preserve the current system for their benefit, and therein
lies the problem.
This bill is the best effort in 25 years to make major strides
towards cleaning up the current system. The American people expect us
to do that.
I believe that this is a decision for the ages that we will make in a
few minutes. We do have to beat back the Thomas substitute. It is
obviously full of things that need to be done, but it is really not
campaign finance reform itself, in and of itself. It is campaign
reform. It is corrections. It cleans up the current system, but it does
not address soft money and the major issues that affect the system
today that need to be addressed. So it should be an amendment and not a
substitute.
So we will have to beat it back and then bring this to final passage.
The vote, though, again Thomas and then for final passage, is a vote
really about putting country above party, and that is difficult because
the pressures within one's party are to support the leadership, to
support the majority. Clearly, it takes courage, I think, for some of
us to step out and say this needs to be done.
Countless former Members of this House and the Senate have come out
in support of this. It is amazing how many more people support this
when they are no longer here, when they no longer face the pressures of
reelection or holding the majority. Then they reflect and say, that
really needs to be done. Virtually every President that can speak on
this issue has said this needs to be done. They are serving really as
the conscience of the American electorate and the leadership of our
country by saying, yes, I am no longer standing for reelection. I have
been there. I know the influences of money on critical policy decisions
that affect our great Nation; and, yes, this needs to be done. So we
need to listen closely to them as well.
This bill cuts both ways. I believe it is equally harsh on the
Republican Party and the Democratic Party.
The Good Book says, the love of money is the root of all evil.
{time} 2230
There are too many influential decisions made by money in this
institution. Let us pass Shays-Meehan tonight.
Mr. THOMAS. Mr. Chairman, it is my privilege to yield 3 minutes to
the gentleman from Illinois (Mr. Ewing), a member of the committee.
(Mr. EWING asked and was given permission to revise and extend his
remarks.)
Mr. EWING. Mr. Chairman, I rise in support of the Thomas substitute,
and I urge my colleagues to vote for this substitute. The legislation
makes a series of much-needed changes. For instance, there are over 20
provisions in this legislation that will simplify and strengthen laws
for FEC reporting and enforcement. In addition, the Thomas substitute
places a strict ban on foreign soft money. Finally, one of the problems
with the current campaign finance system is not what we know, but what
we do not know. This legislation will ensure that more rapid filing
requirements, electronic filings, will make it easier for the public to
know who is contributing to which federal candidate.
This is why I commend Texas Governor George W. Bush who posted all of
his campaign contributors on his Web site for public view. The most
important aspect of this debate is information, and we should support
legislation that gives us more information, not less.
Once again, it seems that politics will rule the day, though, for
supporters of Shays-Meehan, a major portion of the Thomas substitute
was taken from the ranking member of the Committee on House
Administration, yet politics prevail and he has chosen to oppose the
bill with the provisions in it that he himself used to support. It is
pretty clear to me that the proponents of this legislation are more
concerned about politicizing the issue, rather than actually passing
legislation which will improve our current situation.
The Thomas substitute is the only legislation that has a chance to be
signed into law. If we do not pass this bill out of this House, that
has a chance to be signed into law, the current abuses will go
untouched.
I say to my fellow Members that if they really care about going back
to their districts and telling their constituents that they supported
real campaign finance reform, then support the Thomas substitute. This
legislation places a strict ban on foreign soft money contributions to
federal candidates. This was the major abuse in the last presidential
election, and unless we support this legislation, these abuses can
continue.
Mr. Chairman, I urge my colleagues to vote for the Thomas substitute
which is the only legislation we will consider here tonight that will
be signed into law.
Mr. HOYER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
Florida (Mr. Davis).
Mr. DAVIS of Florida. Mr. Chairman, this amendment is the only
obstacle standing between us and passage of the Shays-Meehan bill.
Unfortunately, this is not a debate on the merits of this amendment,
because the gentleman from Tennessee (Mr. Wamp) and I attempted to
offer the substance of this amendment as a separate amendment to Shays-
Meehan so that the Members would have an opportunity to vote for this
Good Housekeeping measure and for Shays-Meehan, and we were deprived of
that opportunity, and so was the body.
This amendment is so innocuous that it comprises mostly
recommendations that were unanimously supported by the FEC
commissioners. If there is a single Member in this chamber tonight that
intends to vote against this amendment, raise their hands. Not a single
Member. This is an amendment that should be taken up on the consent
calendar that is reserved for technical bills. That is where we should
be debating the merits of this. We should not be debating it as a way
to submarine Shays-Meehan.
The fight has always been about the right to be heard about the
merits of Shays-Meehan on the floor of the House, and we have almost
concluded that debate, but let me conclude by citing once again the
facts, because the facts speak for themselves. In the 1991/1992
election cycle, $86 million by both political parties was spent in soft
money; in 1996, $260 million; in 1970 and 1978, $193 million, more than
twice the previous presidential campaign cycle. And in the 2000
election cycle, it is estimated between $500 million and $750 million
in soft money. These are unlimited contributions that are not being
made for good government.
The facts speak for themselves. Let us defeat this amendment, let us
pass it on the consent calendar, and let us pass Shays-Meehan.
Mr. THOMAS. Mr. Chairman, I yield myself 1 minute to give an example
of the kinds of things that we propose in the Thomas substitute that
simply have been overlooked for more than a quarter of a century. When
one makes reports, there is no requirement to show secondary payments.
In many campaign reports, they simply list their key campaign support
committee, $50,000. We have no idea where that money has been spent,
and there is no requirement under federal law to break it down.
What we say we ought to do is to require record keeping and
disclosure by political committees in terms of who got the actual
payment: the secondary payers, the subcontractors. This is absolutely
essential to have an understanding of the flow of money. They say they
want to follow the money. They say they want to make sure everyone
knows who pays whom. It simply is not done in Shays-Meehan. This is a
long overdue change.
It also requires post-election reports to include cumulative
information on contributions and expenditures. Those are the kinds of
things that will give people a true picture of who contributes and who
spends. It is not in theirs; it is in ours.
Mr. Chairman, I yield 2 minutes to the gentleman from Pennsylvania
(Mr. English).
Mr. ENGLISH. Mr. Chairman, I rise in strong support of the Thomas
substitute to H.R. 417.
This substitute amendment makes meaningful reforms to the current
system that are balanced, constitutional and have an actual chance of
being
[[Page H8282]]
signed into law. The banning of foreign soft money improved enforcement
ability of the FEC and increased candidate and party disclosure by
means of electronic filing and public Internet posting are all much-
needed reforms that both parties agree are necessary.
I urge my colleagues to vote for the Thomas substitute, because
although it is limited in scope, it provides a fair and balanced reform
to the current system and has the potential to pass the Senate this
year and become law. By contrast with the Shays-Meehan placebo, the
Thomas substitute would make changes that would not unduly favor one
party or one philosophy over another after facing judicial scrutiny.
Unlike Shays-Meehan, the Thomas substitute will not add to the
overwhelming advantage that incumbents have over challengers.
Shays-Meehan is ultimately an incumbent protection bill. It will
reduce competition in congressional elections and further sap the
vitality of our political process.
Although proponents of Shays-Meehan claim it is the only reform
package that has a chance of being enacted, the reality is that the
Senate is likely to block the Shays-Meehan bill much as it did last
year when a nearly identical measure was reported out of the House.
Mr. Chairman, I urge my colleagues to send something to the Senate
that we have a chance of putting into law this year and deserves to be
put into law and deals with real abuses in a very balanced and
constitutional way. I urge a vote for the Thomas substitute for all of
those who are true supporters of campaign finance reform.
Mr. HOYER. Mr. Chairman, I yield 1\1/2\ minutes to the distinguished
gentleman from Texas (Mr. Doggett).
Mr. DOGGETT. Mr. Chairman, of this amendment it can be said, seldom
have so few worked so hard to do so little. Who could be against the
little that this substitute proposes? Only those of us who are
committed to doing more, who realize that the modest changes proposed
by the Shays-Meehan approach are the minimum necessary to bring any
real change to this Congress.
Those intent on blocking reform have carefully crafted the rule
governing the procedure for this debate so that the approval of any
alternative, even one as meager as that advanced by the gentleman from
California (Mr. Thomas), will serve to nullify real reform. The sole
purpose of this substitute is not some newly discovered interest in
correcting some minor provisions in the Federal Election Code, but it
is to defeat true reform, an objective its author has made clear by his
repeated votes against cleaning up this mess.
Without a vote for genuine campaign finance reform tonight, special
interests will continue to have a strangle hold on this body. The
pharmaceutical companies will decide whether seniors get access to
prescription drugs. The tobacco companies will decide whether we do
anything about nicotine addiction among our young people. The special
interests will continue to write a tax code that is replete with
loopholes that burden the rest of the American people.
We need a clean sweep of this campaign finance system, not some
modest housekeeping touch-up; not mere toothless tinkering with a
clearly very broken system. Reject this amendment and adopt true
reform.
The CHAIRMAN. The gentleman from Maryland (Mr. Hoyer) has 14 minutes
remaining; the gentleman from California (Mr. Thomas) has 9 minutes
remaining.
Mr. HOYER. Mr. Chairman, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Fattah).
Mr. FATTAH. Mr. Chairman, let me remind the House that oftentimes
when people talk about tomorrow, the other day that they refer to is
yesterday. And in this particular case, there was a yesterday not too
long ago when the substance of the Thomas legislation was offered as an
amendment to Shays-Meehan in committee and the majority decided that
they did not want to have it be a part of the Shays-Meehan package.
The plain English of where we are tonight is embodied in the rule
that the majority created to govern this debate, that is that this is
not an amendment to Shays-Meehan, this is a substitute. All too often
some are eager to take a substitute over the real McCoy or, in this
case, the real Shays-Meehan.
A substitute just will not do, because what we have come to
understand even here in this House is that the time has come to reform
our campaign finance laws. It is embodied in this bipartisan approach,
and the only way that we can get to the Shays-Meehan approach, which a
majority of us agree on, is that we have to move the substitutes aside
and focus on the real reform that is embodied in the base bill that we
will have a chance to vote on once we dispose of the Thomas amendment.
Now, I have a great deal of respect for the chairman of my committee,
and I think that the suggestions that are offered are something that
all of us can work towards, and that is why I offered it as an
amendment to Shays-Meehan. Maybe now, after we dispose of it tonight,
we will find another way on another day when we can get to it, but
those who want to point at tomorrow as some far off day have to look at
their own actions when they had the opportunity to take these
suggestions and embody them in the vehicle that this House passed last
year and will pass again tonight.
When we want to clean up the creek, we have to get the hogs out of
the water first. We, in order to get to Shays-Meehan, have to remove
these substitutes out of our way. We have to keep our eyes on the
prize. I would ask my colleagues to say no to the Thomas substitute so
that we can focus in on real campaign reform.
Mr. THOMAS. Tomorrow, tomorrow.
Mr. Chairman, it is my pleasure to yield 4 minutes to the gentlewoman
from Kentucky (Mrs. Northup).
{time} 2245
Mrs. NORTHUP. Mr. Chairman, since I was elected to Congress, I have
been so surprised at so much that has gone on in our campaign finance
regulation or reform debates. All over we hear people talk about the
influence of money. That surprises me. First of all, we all know that
it is already illegal to trade campaign promises for money that would
come into our campaigns. Even after we are elected, it is illegal to
vote because somebody gave us money in the campaign.
I am probably one of the most expensive campaigns year in and year
out that are run in this House, $1.8 million in my last election. I
almost cannot cast a vote on the House floor without looking a good
number of my supporters in the eye and saying, I am sorry, I do not
agree with you on this issue. I cannot support you. I am going to vote
against you. They knew I would do that when they supported me. They
supported me because they believed that I would know the issue, that we
shared a common perspective about public policy, and that I would
always do my best.
If I ever got into specifics, there would always be groups on both
side of every issue. I find it very comfortable to look people in the
eye and say, this is an area where I do not agree with you. So I always
have to wonder, people who talk about influence peddling, about being
compromised by the contributions that are received, do they have
trouble voting their conscience because of the people that give to
them? Do they find that they cannot exercise what they really believe
is in the best interests of their constituents because they get
campaign contributions?
I believe if Members have that problem, that nothing we do on the
floor of the House tonight will change that and give these Members a
backbone, because the fact is that if the Republican party comes in and
does soft money ads for me and I feel that I would be compromised, a
human being that would write me a check for $1,000 would intimidate me
even more.
So the fact is that we can shut off all the soft money, we can shut
off what my party does. But if we have people on this floor in the vote
in the next hour that feel intimidated by campaign contributions,
contributions of $200 of $500 or of $1,000 are going to make them shake
when they have to vote against the people who gave them that.
So whether or not Members are influenced by money is a matter of
their conscience. It is a matter of their backbone. It is a matter of
their courage. It is a matter of believing that Members are here always
to rise above any one person's best interests and do what is right for
this country.
I believe that this bill, the Shays-Meehan bill, would profoundly
increase
[[Page H8283]]
the corruption of money in politics because right now the majority of
campaigns are run with hard money, money that we go from person to
person and ask for, money that every voter knows where I got the money
from and knows every way I spent it.
We all know why Shays-Meehan refused to tie the constitutionality of
soft money from parties and special interest groups, but what we will
do is we will have the millions of people that seek to influence
elections, care about who is elected, care that somebody that
represents their perspective is elected instead of giving it to the
parties, they are going to find some independent group.
Next year if China decides that they care about who is elected, if
China decides that they care about influencing the election, they will
not be able to give it to the Democratic National Committee. Instead,
they are going to have to find Mainstream America or some other special
interest group that never has to say where one penny comes from, never
says where one penny goes, and we will not know that that is who
influenced the election.
Mr. HOYER. Mr. Chairman, I yield 1\1/2\ minutes to the distinguished
gentleman from Delaware (Mr. Castle), the formor Governor and a Member
of the House.
Mr. CASTLE. Mr. Chairman, I thank the gentleman very much for
yielding time to me.
I would like to thank other people, including the chairman, the
gentleman from Ohio (Mr. Hobson) for the wonderful job he has done
throughout this day and evening in dealing with this legislation.
I would like to thank the Speaker of the House. Some of us may not
have liked the rule originally, but without what he did in allowing it
to come to the floor, we would not be here.
I would like to congratulate the gentleman from Connecticut (Mr.
Shays) and the gentleman from Massachusetts (Mr. Meehan), not
necessarily because they may pass this bill tonight, and I hope they
will, I support the legislation, but because of the manner in which
they have prepared for this and handled this debate.
I also thank the gentleman from California (Mr. Thomas), who I think
actually has a good piece of legislation here, although maybe not in
the right process in terms of how we should do it; and the gentleman
from Arkansas (Mr. Hutchinson), obviously, and the gentleman from
California (Mr. Doolittle), and everyone else who sponsored the
amendments.
Every once in a while there is an enlightening debate. This is one
that has been bipartisan. All of us have learned a lot. We have had a
chance to listen in on it. For that, I think we should all be thankful.
We really have to know what we are doing here. We have to be very
careful. There is nothing in my mind that is objectionable at all in
the Thomas substitute, but it is just that, it is a substitute. It
means that it is the end of Shays-Meehan.
We have been voting all night to protect Shays-Meehan, because it is
important that we get it passed. We have to remember that when we cast
this vote. We could easily go back and pick up the Thomas substitute.
We could have done it as an amendment, as a matter of fact, if the
Committee on Rules had allowed it, and certainly could do it in the
future.
We have heard a lot of different presentations here tonight. I do not
know what the influence of money really is, but I do get frankly quite
concerned when I read that large corporations and large labor unions
and people of various interests with legislation before this body are
all of a sudden giving to the parties amounts of money that are in
excess of $100,000, $200,000, even in some cases $300,000. It has to
make everybody stop and think, they are giving it for some reason. It
is not because they are necessarily interested in charity, they are
interested in their own bottom line.
I think this body is made up of people of full ethics, people who are
good people, but I think we have to make this change. I would encourage
each and every one of us to support Shays-Meehan. I think it will pass
the Senate and will become the law of this country.
Mr. HOYER. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from New York (Mr. Crowley), president of the freshman class
on our side.
Mr. CROWLEY. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I rise in opposition to the Thomas substitute, as it
does not represent real reform. Mr. Chairman, our campaign system is
broken and needs urgent reforms and not nip and tuck around-the-edge
solutions offered by the honorable chairman, the gentleman from
California (Mr. Thomas).
Although the Thomas substitute contains some important reforms of the
Federal Elections Commission, it does nothing to reform our political
system, nothing to rein in those deceptive issue ads, nothing to
eliminate the old powerful role of soft money in our political
campaigns, and nothing to restore the faith of Americans in our
political system.
We are here today to debate the campaign finance reform, real
campaign finance reform. the Thomas substitute is not campaign finance
reform. There was only one bill on the floor this evening which will
accomplish these tasks, the Shays-Meehan reform bill.
Reform is demanded by our constituents. Let us vote for real reform
today. Oppose the Thomas substitute and support the Shays-Meehan reform
bill.
Mr. HOYER. Mr. Chairman, the gentleman from Maryland is very proud to
yield 3 minutes to the gentleman from Massachusetts (Mr. Meehan), who
is back in the Chamber and who has done such an extraordinary job on
this piece of legislation through the years.
Mr. MEEHAN. Mr. Chairman, I thank the gentleman for yielding time to
me.
It has been a long evening. In fact, it has been a long battle going
back over the last few years. We have been able to work, Democrats and
Republicans, to form a bipartisan coalition, and I would like to take
this opportunity to thank so many of the Members of this House who have
made it possible.
I think back to the debate last year, when many of the Members had
the Commission bill, and how cooperative they were to join with the
sponsors of Shays-Meehan to unite our effort to add the Commission bill
to the Shays-Meehan bill.
I think of how critical it was when the Democratic leadership, the
gentleman from Missouri (Mr. Gephardt), the gentleman from Michigan
(Mr. Bonior), the gentleman from Maryland (Mr. Hoyer), and others,
joined with this effort and have whipped so effectively the Democratic
Members of this House. I want to thank them for their efforts.
I want to thank the gentleman from Connecticut (Mr. Shays), the
gentleman from Tennessee (Mr. Wamp), the gentlewoman from New Jersey
(Mrs. Roukema), and all of the Members of the Republican party who have
worked so diligently. I thank all of them, as well.
The hour is late. I think it is clear from the way the votes have
been going that the Members of this House are ready to take the
extraordinary step to pass bipartisan, bicameral campaign finance
reform. As I said earlier, it only happens once in a generation. It is
an extremely difficult issue to get Members of both sides of the aisle
to work together on, but we have done it.
The gentleman from California (Mr. Thomas) has a substitute that,
frankly, we could pass in a suspension on Monday or Tuesday of next
week. It is not real campaign finance reform, but under the rule, if
Members vote for this, it will kill our opportunity, our golden
opportunity, this evening.
So I think it is clear to the membership that they have to vote no on
the Thomas substitute, and if the gentleman from California (Mr.
Thomas) and others are willing, we should take it up at a later date,
pass it under a suspension. I am sure it would get 350 to 420 votes.
But now is the time, the hour is late, to pass campaign finance
reform. I thank all of the Members who have been involved in this
debate. I thank the gentleman from Maryland (Mr. Hoyer) for his
leadership on the committee. I again thank the Members for their
extraordinary effort on this historic vote for real, comprehensive
campaign finance reform.
Mr. THOMAS. Mr. Chairman, I yield myself such time as I may consume.
I would tell the chairman, it is amazing how many people are willing
to do something that could become law tomorrow.
Mr. Chairman, it is my pleasure to yield 2 minutes to the gentleman
from
[[Page H8284]]
Michigan (Mr. Ehlers) from the committee.
Mr. EHLERS. Mr. Chairman, I thank the gentleman from California, the
sponsor of the substitute, for yielding time to me. My only regret is
he did such a masterful job of introducing his substitute that he has
left very little to say. It is clearly a very good substitute. It is a
very good piece of legislation and something we should pass.
Mr. Chairman, let me add just a few comments about that. First of
all, let us be pragmatic. As Members have heard a number of Members
say, we passed this bill, the Shays-Meehan bill, last year. The Senate
did not. We may pass it tonight. The Senate is unlikely to pass it. Let
us pass something that will make a difference. Let us be pragmatic and
vote for the Thomas substitute, and get something passed that will in
fact make a difference.
Furthermore, it is badly needed. I was just chatting with a member of
my staff tonight. Less than 10 years ago he was working for a Member of
Congress and they were answering all their mail with Selectric
typewriters. My comment was, no wonder that Member lost his election.
The times passed him by.
The times have passed our current election law by and we have not
corrected it. The gentleman from California (Mr. Thomas) gave a list of
all things that should be changed. I was astounded when I was elected
to this House and found a totally antiquated computer system, and
Speaker Gingrich asked me to work with the gentleman from California
(Mr. Thomas) in updating it.
We have done that. Today all the Members of the House enjoy a
marvelous computer system. They are on the Internet, they have
websites. Yet, they are not willing to vote for a bill that will make a
difference, that will put the FEC online, put all our contributions
online immediately, in a direct fashion, and bring the system up to
date.
Let us be pragmatic. Let us vote for something that will work. Let us
update current election law. Let us vote for the Thomas substitute and
get this done.
Mr. HOYER. Mr. Chairman, I yield 1 minute to the gentleman from
Virginia (Mr. Moran).
Mr. MORAN of Virginia. Mr. Chairman, the problem with the Thomas
substitute is not its wording, it is its motivation. It is a cynical
ploy to kill substantive campaign finance reform.
We live in the greatest democracy in the history of western
civilization, but it is not a true democracy as long as the wealthiest
people and organizations in this country can have undue influence upon
the elections and the votes of this body. We need substantive campaign
finance reform, and we know it is what the people want. There is only
one reason we do not do it, and it is the wrong reason.
{time} 2300
Since we began debating campaign finance reform years ago, millions
of people, for example, have died as a result of tobacco smoking. We
would not address the targeting of teenage smokers. Why? Not because
many Members had tobacco growers in their district. That was not the
reason. It is because we have tobacco money in our pockets.
I could give any number of reasons, whether it be health care reform,
insurance reform, tort reform, any number of issues. Do what the
American people want. Restore a true democracy. Vote for Shays-Meehan
and reject the Thomas substitute.
Mr. HOYER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
Connecticut (Mr. Shays) who has worked so hard, so diligently, and so
effectively on behalf of this legislation.
Mr. SHAYS. Mr. Chairman, when I woke up this morning, I tried to
prepare myself for the fact that we might lose. There were seven
amendments that would kill us, and there are three substitutes that
would replace us.
I thought it is up to each and every one of us just to make our
decisions, and we can live with the results. But we are so close. We
have to defeat this substitute. It is a good amendment as a perfecting
amendment. As a substitute, it kills us. So we have to kill it.
I just would want to say to all of my colleagues that this has been a
bipartisan effort, and it has been a tremendous pleasure. I remember
working with the gentleman from Maryland (Mr. Hoyer) when we tried to
pass congressional accountability. It took us 6 years. We did not say
after the second year we were going to give up. We did it on a
bipartisan basis. I was proud of how we passed it. We got Congress
under all of the laws.
We are going to have campaign finance reform. I hope it is in the
form we are suggesting, but we are going to see it happen. We are not
going to give up on the Senate.
We have got to ban soft money. It is just a perversion that is
distorting the whole system. It is allowing corporations and labor
unions to give unlimited sums and work their will in a way that should
not happen.
We have got to call those sham issue ads what they are, campaign ads,
so we have disclosure and not have corporate money and union dues money
flowing in.
We need FEC enforcement and disclosure which our bill does, and then
we have a commission to look at some of the things that we do not do.
This is a sensible bill. It is not a radical bill. We have only
passed it once. I hope we do it again and send it to the Senate. Then
we have a year to work on the Senate to try to get them to do the right
thing. Fifty-two have already agreed, and hopefully we will get that
60.
Mr. THOMAS. Mr. Chairman, I yield 1\3/4\ minutes to the gentleman
from Florida (Mr. Mica), a member of the committee.
Mr. MICA. Mr. Chairman, my favorite book is entitled the Miracle at
Philadelphia. It is a story of the development of this book called the
Constitution of the United States. I highly recommend it to my
colleagues. It outlines the development of the structure of our
government that gives us the ability to debate, to act, this wonderful
framework under which this Congress operates.
This week, 212 years ago, our Founding Fathers finished this
document. When they finished the structure, the next thing that they
did was they immediately passed 10 rights, fundamental rights for the
people of this country.
The first right, not the second, third, fourth or tenth, is the
freedom of speech. There is only one thing wrong with Shays-Meehan. It
shreds the Constitution and that first precious amendment. That is the
basic flaw with Shays-Meehan.
So our committee brought together reforms recommended by everyone, by
the FEC, and others, things that are doable, things that are within the
law, within the Constitution, and within the framework of our
government. That is what we presented.
Let me read what the ACLU says about this Thomas substitute:
This substitute is far superior to Shays-Meehan in many
respects because of the absence of provisions that offend the
constitutional rights and that H.R. 417, Shays-Meehan,
contains the harshest and most unconstitutional controls on
issue advocacy groups.
Mr. THOMAS. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, the gentleman from Maryland (Mr. Hoyer) congratulated
the gentleman from Massachusetts (Mr. Meehan). The congratulations
should have been listened to carefully. He said he has done a great job
through the years. We can continue to do this. We can continue to make
wonderful statements. We can continue to come up with a new idea, which
is the most recent threat to the republic. It used to be PACs. Now it
is soft money. It will be something else in the future. It will always
be just beyond the horizon. It will always be an issue. That is fairly
clear.
I tell the gentleman from Virginia, I did not offer this substitute
for cynical reasons. I offered it in case anybody really wanted to
change the law. That is our chance tonight.
The Democrats had a majority in the House, had a majority in the
Senate, and had the Presidency from 1992 to 1994. What did they do?
They did not change the law.
We have an opportunity tonight in fundamental and real ways to change
the election laws of this country. My colleagues can do it by voting
for the Thomas substitute. If my colleagues want to make a political
statement, as we have done year after year after year, I am sure the
gentleman from Massachusetts (Mr. Meehan) will take those
congratulations of his efforts over the years. I would much rather
[[Page H8285]]
change the law. We can do it tonight. Vote ``yes'' on the Thomas
substitute.
Mr. HOYER. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, so we come to this hour. There will be a subsequent
vote on final passage of Shays-Meehan, but this is the critical vote.
This vote will determine whether years of hard work and commitment will
be realized through the effective passage of legislation to reform
campaign finance.
Yes, there is another day for the Thomas substitute. It is a
noncontroversial piece of legislation. But it is not campaign finance
reform, although it has some aspects of that. It is, in fact, reform of
the process of the FEC. That process needs reforming. I would even ask
perhaps for unanimous consent that we place this on the consent
calendar tomorrow. I will not do that, but I suggest that it could
happen.
Now, at this late hour, before day's end, before the clock strikes
12, we can pass meaningful campaign finance reform. But in order to do
that, we must reject the Thomas legislation, which, as the gentleman
from Florida (Mr. Davis) clearly posited, was a device to defeat a bill
that the Chairman does not like. I accept that. But no one ought to
misunderstand what the Thomas substitute is, a device to defeat Shays-
Meehan.
It ought, therefore, to be rejected, so that we can honestly fulfill
the Speaker's pledge, which was a pledge to vote on Shays-Meehan, not
merely to bring it to the floor so that opponents could, by some
procedural device, dispose of it before we had a chance to vote on it.
But let us, as we were elected to do, make a decision. Let us vote on
Shays-Meehan, and say to the American people ``This is where we stand
on preventing soft money, on precluding sham ads, and on providing for
a system that is more open and more fair to the American public,'' so
that the cynicism that now abounds can, to some degree at least, be
diminished, and the American public can have more faith in their
political system and, yes, in us.
I urge a ``no'' vote on the Thomas substitute and a ``yes'' vote on
Shays-Meehan, which is meaningful, important, campaign finance reform.
{time} 2310
The CHAIRMAN. The question is on the amendment in the nature of a
substitute offered by the gentleman from California (Mr. Thomas).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Recorded Vote
Mr. SHAYS. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 173,
noes 256, not voting 5, as follows:
[Roll No. 421]
AYES--173
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Bartlett
Barton
Bateman
Biggert
Bilirakis
Bishop
Bliley
Blunt
Boehner
Bonilla
Bono
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Chabot
Chambliss
Chenoweth
Coble
Coburn
Collins
Combest
Cook
Cooksey
Cox
Crane
Cubin
Cunningham
Davis (VA)
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fletcher
Fossella
Fowler
Gallegly
Gekas
Gibbons
Goode
Goodlatte
Goss
Granger
Green (WI)
Gutknecht
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
John
Johnson, Sam
Jones (NC)
Kasich
Knollenberg
Kolbe
Largent
Latham
Lewis (CA)
Lewis (KY)
Linder
Lucas (OK)
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Myrick
Nethercutt
Ney
Northup
Norwood
Oxley
Packard
Paul
Pease
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Portman
Radanovich
Reynolds
Riley
Rogan
Rogers
Rohrabacher
Royce
Ryan (WI)
Ryun (KS)
Salmon
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Sherwood
Shimkus
Shuster
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Toomey
Vitter
Walden
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Young (AK)
Young (FL)
NOES--256
Abercrombie
Ackerman
Allen
Andrews
Baird
Baldacci
Baldwin
Barcia
Barrett (NE)
Barrett (WI)
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Bilbray
Blagojevich
Blumenauer
Boehlert
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Campbell
Capps
Capuano
Cardin
Carson
Castle
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Crowley
Cummings
Danner
Davis (FL)
Davis (IL)
Deal
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Foley
Forbes
Ford
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Ganske
Gejdenson
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Graham
Green (TX)
Greenwood
Gutierrez
Hall (OH)
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Horn
Houghton
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Johnson (CT)
Johnson, E.B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kleczka
Klink
Kucinich
Kuykendall
LaFalce
LaHood
Lampson
Lantos
Larson
LaTourette
Lazio
Leach
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHugh
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Millender-McDonald
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (VA)
Morella
Murtha
Nadler
Napolitano
Neal
Nussle
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Phelps
Pickett
Pomeroy
Porter
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Regula
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roukema
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Schakowsky
Scott
Serrano
Shays
Sherman
Shows
Sisisky
Skeen
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stabenow
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Walsh
Wamp
Waters
Watt (NC)
Waxman
Weiner
Wexler
Weygand
Wise
Wolf
Woolsey
Wu
Wynn
NOT VOTING--5
Hastings (FL)
Kingston
Pryce (OH)
Ros-Lehtinen
Shaw
{time} 2330
Mr. WYNN and Mr. GOODLING changed their vote from ``aye'' to ``no.''
So the amendment in the nature of a substitute was rejected.
The result of the vote was announced as above recorded.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
LaHood) having assumed the chair, Mr. Hobson, Chairman of the Committee
of the Whole House on the State of the Union, reported that that
Committee, having had under consideration the bill (H.R. 417) to amend
the Federal Election Campaign Act of 1971 to reform the financing of
campaigns for elections for Federal office, and for other purposes,
pursuant to House Resolution 283, he reported the bill back to the
House with sundry amendments adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment? If not, the Chair will
put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
[[Page H8286]]
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore (Mr. LaHood). The question is on the passage
of the bill.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. HOYER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 252,
nays 177, not voting 5, as follows:
[Roll No. 422]
YEAS--252
Abercrombie
Ackerman
Allen
Andrews
Bachus
Baird
Baldacci
Baldwin
Barrett (NE)
Barrett (WI)
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Bilbray
Blagojevich
Blumenauer
Boehlert
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Campbell
Capps
Capuano
Cardin
Carson
Castle
Clay
Clayton
Clement
Clyburn
Collins
Condit
Conyers
Cook
Costello
Coyne
Cramer
Crowley
Cummings
Danner
Davis (FL)
Davis (IL)
Deal
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Foley
Forbes
Ford
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Gordon
Graham
Green (TX)
Greenwood
Gutierrez
Hall (OH)
Hill (IN)
Hill (MT)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Horn
Houghton
Hoyer
Hulshof
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
Kuykendall
LaFalce
Lampson
Lantos
Larson
LaTourette
Lazio
Leach
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHugh
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Millender-McDonald
Miller, George
Minge
Moakley
Moore
Moran (VA)
Morella
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Petri
Phelps
Pickett
Pomeroy
Porter
Price (NC)
Quinn
Ramstad
Rangel
Regula
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roukema
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Schakowsky
Serrano
Shays
Sherman
Shimkus
Shows
Sisisky
Skelton
Slaughter
Smith (MI)
Smith (WA)
Snyder
Spratt
Stabenow
Stark
Stenholm
Strickland
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thune
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Walsh
Wamp
Waters
Watt (NC)
Waxman
Weiner
Weldon (PA)
Wexler
Weygand
Wise
Wolf
Woolsey
Wu
Wynn
NAYS--177
Aderholt
Archer
Armey
Baker
Ballenger
Barcia
Barr
Bartlett
Barton
Bateman
Biggert
Bilirakis
Bishop
Bliley
Blunt
Boehner
Bonilla
Bono
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Chabot
Chambliss
Chenoweth
Coble
Coburn
Combest
Cooksey
Cox
Crane
Cubin
Cunningham
Davis (VA)
DeLay
DeMint
Diaz-Balart
Dickey
Doolittle
Dreier
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fletcher
Fossella
Fowler
Gekas
Gibbons
Goode
Goodlatte
Goodling
Goss
Granger
Green (WI)
Gutknecht
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hostettler
Hunter
Hutchinson
Hyde
Isakson
Istook
Jenkins
John
Johnson, Sam
Jones (NC)
Kasich
King (NY)
Knollenberg
Kolbe
LaHood
Largent
Latham
Lewis (CA)
Lewis (KY)
Linder
Lucas (OK)
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Mica
Miller (FL)
Miller, Gary
Mink
Mollohan
Moran (KS)
Murtha
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Oxley
Packard
Paul
Pease
Peterson (MN)
Peterson (PA)
Pickering
Pitts
Pombo
Portman
Radanovich
Rahall
Reynolds
Riley
Rogan
Rogers
Rohrabacher
Royce
Ryan (WI)
Ryun (KS)
Salmon
Scarborough
Schaffer
Scott
Sensenbrenner
Sessions
Shadegg
Sherwood
Shuster
Simpson
Skeen
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Stupak
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Toomey
Traficant
Vitter
Walden
Watkins
Watts (OK)
Weldon (FL)
Weller
Whitfield
Wicker
Wilson
Young (AK)
Young (FL)
NOT VOTING--5
Hastings (FL)
Kingston
Pryce (OH)
Ros-Lehtinen
Shaw
{time} 2347
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________