[Congressional Record Volume 150, Number 102 (Wednesday, July 21, 2004)]
[Senate]
[Pages S8555-S8556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CHAMBLISS (for himself, Mr. Inhofe, Mr. Allen, and Mr. 
        Lott):
  S. 2702. A bill to amend the Federal Election Campaign Act of 1971 to 
repeal the requirement that persons making disbursements for 
electioneering communications file reports on such disbursements with 
the Federal Election Commission and the prohibition against the making 
of disbursements for electioneering communications by corporations and 
labor organizations, and for other purposes; to the Committee on Rules 
and Administration.
  Mr. CHAMBLISS. Mr. President, I rise today to introduce the First 
Amendment Restoration Act of 2004, a companion bill to H.R. 3801, which 
was introduced earlier this year in the House by my former colleague, 
Congressman Roscoe Bartlett. In the last few years, we've seen some 
remarkable restrictions placed on the ability of organizations to 
exercise their first amendment rights with respect to campaign 
contributions. One particular example is the Bipartisan Campaign Reform 
Act of 2002, or BCRA, which contains some provisions that have always 
troubled me. Although in McConnell v. FEC, the Supreme Court upheld 
BCRA's restrictions as constitutional, this is not the first time that 
I've disagreed with the Court's conclusions on

[[Page S8556]]

what kind of conduct I think is or is not constitutionally protected.
  Specifically, I am concerned with the provisions of BCRA that limit 
the ways in which some organizations can contribute funds within 
certain time frames before an election. Under BCRA, labor unions and 
corporations, which include trade associations and interest groups as 
diverse as the ACLU and the NRA, are limited to only contributing PAC 
funds within 30 days of a primary and 60 days of a general election. 
These limitations apply to contributions for what are know as 
``electioneering communications,'' which are any broadcast, cable, or 
satellite communications that refer to a clearly identified Federal 
candidate and that reach 50,000 or more people in the relevant district 
or State.
  I believe that Congress can go beyond what the Supreme Court's 
decision in McConnell v. FEC envisions as what is constitutionally 
protected speech and that Congress should provide further first 
amendment protections for organizations wanting to make political 
contributions. This is why today I am introducing the First Amendment 
Restoration Act. This bill would repeal those provisions of BCRA that 
limit corporations and labor unions from making any other contributions 
than those run through political action committees within the 30- and 
60-day periods set out in the act. I am proud to say that Senators Jim 
Inhofe, George Allen, and Trent Lott have agreed to cosponsor this 
bill. I look forward to the debate on the First Amendment Restoration 
Act and on issues of campaign-finance reform in general, as we see how 
the restrictions we place on speech really play out in the real world.
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