Mr. Chairman, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and add extraneous material on H.R. 1, the For the People Act of 2019.…
Mr. Chairman, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and add extraneous material on H.R. 1, the For the People Act of 2019.
Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, H.R. 1 will begin the process of returning the government to the people. Many provisions of H.R. 1 have been pending and ignored for years in this House. No more.
H.R. 1 has been the subject of hearings in five committees and 15 hours of testimony from witnesses. Throughout these hearings, we have heard our Republican friends bemoan a rushed process when, in fact, they had 8 years to consider these proposals but failed to do so.
Today, we deliver on our promise to the American people. H.R. 1 is critically important at this point in our history.
Trust in government and in many institutions has eroded because of years of putting profit before the people and letting politicians pick their voters.
Dark money has been allowed to poison our system, drowning out the voices of the very people who we were sent here to represent.
Access to the ballot box has been impeded by arbitrary obstacles that have made voting a privilege, not a right.
Without trust, our representative system suffers. Too many Americans view themselves as shut out from our democracy. Others cannot participate because of election administration procedures that fail to account for how Americans live and work in the 21st century.
Some of these barriers make it harder for certain populations, including communities of color and other underrepresented groups, to vote. This is especially the case after the Supreme Court gutted core provisions of the Voting Rights Act in Shelby County v. Holder.
Meanwhile, the Supreme Court's 2010 Citizens United decision has further empowered wealthy special interests and ushered in nearly a billion dollars in money from undisclosed sources, even though the Court affirmed the importance of disclosure by a vote of 8 to 1.
H.R. 1 reverses course and strengthens our democracy and makes it easier and more convenient for all eligible Americans to vote. It offers solutions to the dominance of big money in politics, and it ensures public officials will work in the public interest.
One of the things that has been discussed is the proposal for a freedom from influence fund that will allow for small donors to reclaim control of candidates through $200 or less donations.
I want to make it clear that no taxpayer funds are permitted to flow into this freedom from influence fund. Instead, as was approved in our last vote, a modest additional assessment of 2.75 percent on Federal fines, penalties, and settlements for certain tax crimes and corporate malfeasance will be the sole source of funding for this freedom from influence fund. In fact, the bad guys will be funding the clean system.
This bill will lower barriers to voting for all eligible Americans. It will save costs, bolster the integrity of election administration, and, for example, it will modernize voter registration systems by enabling automatic voter registration and same-day voter registration, taking advantage of technology to ensure all Americans can register and update their voter registration status online. Automatic voter registration, alone, may bring up to 50 million new American citizens onto the rolls and, therefore, able to vote.
It makes improvements to ensure ballot access for voters with disabilities as well as our overseas and military voters.
It ensures early voting for at least 15 days and will require States to use voter-verified paper ballots. This is a commonsense safeguard to cybersecurity threats, especially after the 2016 election showed vulnerabilities in our system.
H.R. 1 will reform redistricting to ensure fairness in the process to guard against partisanship and respect communities of interest.
This legislation will shine a light on dark secret money that influences campaigns and will protect everyone's right to know who is influencing their votes and their views.
As I mentioned earlier, it provides an alternative voluntary system for candidates to finance their campaigns by empowering small dollar contributors all without taxpayer money. This will reduce candidates' reliance on wealthy special interests and open the political process to more people. This will create a government for the people.
H.R. 1 will also implement high ethical standards and boost confidence in self-government.
It has been said that we should not take these steps, but Article I, Section 4 of the United States Constitution provides that Congress may, by law, regulate votes in Federal elections.
It is time that we take this step. Democracy is resilient, but it requires our continual work to ensure that it lives up to its promise.
H.R. 1 is a major, comprehensive step forward, a step that we must take if we are to be true to our promise of our representative government.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, I yield 2 minutes to the gentleman from New York (Mr. Nadler), chairman of the Judiciary Committee.
Mr. Chairman, I yield 2 minutes to the gentleman from North Carolina (Mr. Price), a pioneer and leader in clean government.
Mr. Chairman, I yield myself such time as I may consume.
I have to note that the last speaker failed to read the entire section. Article I, section 4 says: ``The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the legislature thereof;'' as was mentioned. And it then goes on to say, ``but the Congress may at any time by law make or alter such regulations. . . . `' And that is what we are doing here.
Why? Because we have seen in States throughout the country efforts to prevent people from voting in Federal elections. And so a voter in one State is treated differently than in another State, and that is what we are going to change with H.R. 1.
Mr. Chair, I yield 1 minute to the gentleman from Illinois (Mr. Krishnamoorthi).
Mr. Chairman, I yield 1 minute to the gentlewoman from California (Mrs. Davis), a valued Member of the House Administration Committee.
Mr. Chairman, I yield 1 minute to the gentlewoman from Texas (Ms. Jackson Lee), who is my colleague on the Judiciary Committee.
Mr. Chairman, it is my honor to yield 1 minute to the gentleman from Maryland (Mr. Hoyer), who is the Democratic leader.
Mr. Chairman, I yield 1 minute to the gentleman from Rhode Island (Mr. Langevin), who has served so faithfully on the House Homeland Security Committee.
Mr. Chairman, may I inquire how much time remains on each side.
Mr. Chairman, I yield 2 minutes to the gentleman from Maryland (Mr. Sarbanes), the one person who probably has worked harder than anyone else on this bill.
Mr. Chair, I yield an additional 1 minute to the gentleman from Maryland.
Mr. Chairman, I yield 1 minute to the gentlewoman from California (Ms. Lee), a leader for civil rights and justice in our country.
Mr. Chairman, I yield 1 minute to the gentleman from Washington (Mr. Kilmer).
I yield the gentleman from Washington an additional 30 seconds.
Mr. Chairman, I yield myself such time as I may consume.
Before yielding to the gentlewoman from Michigan, I would just like to quote one of the most conservative justices, who said that ``the public has an interest in knowing who is speaking about a candidate shortly before an election.'' That was in the Citizens United decision.
Now, I didn't agree with that decision, but the court posited that the solution to the dark money that they were unleashing on the country was disclosure, and that is what this bill does.
Mr. Chair, I yield 1 minute to the gentlewoman from Michigan (Ms. Tlaib).
Mr. Chair, I yield an additional 15 seconds to the gentlewoman.
Mr. Chair, I yield myself as much time as I may consume.
Mr. Chairman, before yielding to the chairman of the Homeland Security Committee, I would just like to say that saying it is tax money does not make it so. We have prohibited appropriations into the freedom from influence fund. The total source of funding is a 2.75 percent assessment on people who have committed tax crimes or corporate malfeasance.
Mr. Chair, I yield 2 minutes to the gentleman from Mississippi (Mr. Thompson), the chairman of the Homeland Security Committee.
Mr. Chair, I yield an additional 15 seconds to the gentleman.
Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, before yielding to the gentleman from New Jersey, I would like to just address a couple of simple points.
The DISCLOSE Act really pivots off the Supreme Court decision in Citizens United. And as they said in that decision: Disclaimer and disclosure requirements impose no ceiling on campaign-related activities and do not prevent anyone from speaking.
Concern has been expressed about the ability to remain private. That is provided for in this bill. It is simple. If you don't want to be disclosed, note that your donation is not for campaign purposes, and you will not be disclosed.
Further, there is an express protection provided for any donor who fears that they may face threat of harassment or reprisal. So we have thought of this, and this was dealt with in our markup.
Mr. Chair, I yield 2 minutes to the gentleman from New Jersey (Mr. Pascrell).
Mr. Chair, I yield an additional 30 seconds to the gentleman from New Jersey.
Mr. Chairman, I am honored to yield 1 minute to the gentlewoman from New Jersey (Mrs. Watson Coleman).
Mr. Chairman, how much time remains on both sides?
Mr. Chairman, I yield 1 minute to the gentlewoman from New Mexico (Ms. Haaland).
Mr. Chairman, it is my honor to yield 5 minutes to the gentleman from Maryland (Mr. Cummings), the chairman of the House Oversight and Reform Committee.
Mr. Chair, I yield 1 minute to the gentlewoman from the District of Columbia (Ms. Norton).
Mr. Chair, I yield 2 minutes to the gentleman from Maryland (Mr. Sarbanes), the prime author of this bill.
Mr. Chair, I yield the gentleman from Maryland an additional 1 minute.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chair, I just want to make a couple of observations and perhaps corrections.
It has been alleged that somehow the assessment on tax crimes and corporate malfeasance has been transformed into taxpayer money--I think that is clearly incorrect--but that if the money is insufficient, then the taxpayers would be on the hook.
When we marked up the bill in the House Administration Committee, we outlined how the money would be reduced if there were not enough money in the fund; and in section 5101(f)(3), it talks about mandatory reductions of payments in the voucher program. In 541(d)(2), it talks about mandatory reductions in the congressional program and Presidential and so on, if there were insufficient funds.
So there is no way under the terms of this bill that the taxpayers could ever be on the hook for these funds, and I think it is important to know that.
I want to talk a little bit about the concern about free speech.
I am an advocate of free speech. I think we all are and honor our Constitution here in the House of Representatives. But the ACLU has a storied history of litigating constitutional issues. They have done good work, but we have differed on our approach to campaign finance law, particularly on how to shine a light on secret, dark money in elections.
The ACLU has opposed applying disclosure laws to organizations spending money on electioneering communications, which are paid ads that mention candidates in the days leading up to the election.
As we have mentioned earlier, the Court, in Citizens United, said the public has an interest in knowing who is speaking about a candidate before an election and pointed out that disclosure does not prevent speech. I think that is one of the reasons why we have
gotten a marvelous letter from the National Association for the Advancement of Colored People, the NAACP, which I include in the Record.
National Association for the
Advancement of Colored People,
Washington, DC, March 4, 2019.
Re NAACP strong support for H.R. 1, legislation to greatly
improve and expand the democratic voting process
Hon. U.S. House of Representatives,
Washington, DC.
Dear Representative: On behalf of the NAACP, our nation's
oldest, largest and most widely-recognized grassroots-based
civil rights organization, I would like to urge you, in the
strongest terms possible to support through passage H.R. 1
and to oppose any weakening amendments. This legislation will
expand Americans' access to the ballot box, reduce the
discriminatory influence of big money in politics, prevent
voter fraud, and strengthen ethics rules and accountability
for public servants. H.R. 1 is supported and celebrated by
the NAACP: since our founding in 1909, free and unfettered
access to the ballot for all eligible Americans, and the
assurance that our vote has been counted, has been a critical
driver behind all that we do.
H.R. 1 represents a coordinated effort to protect and
promote the voting rights of all Americans. This vital
legislation includes many of the tools the NAACP has
identified throughout our nation as improving voter turn-out
and successful voter participation: it includes provisions to
establish on-line and automatic voter registration. H.R. 1
would require early voting in all states; voting would have
to start at least 15 days before an election, including
weekends. H.R. 1 would require same-day voter registration on
election-day and during early voting. Under a provision in
H.R. 1, states would be prohibited from restricting an
individuals' ability to vote by mail. H.R. 1 would require
that ``provisional ballots'' be counted and provides
assistance to states and localities in improving the
provisional ballot process. The measure would prohibit voter
caging, voter deception and voter intimidation. H.R. 1 also
promotes voter registration via the internet and establishes
a strict code of ethics for all federally elected and
appointed officials, including the President, the Vice
President, his cabinet, and every Member of Congress, so we
are not constantly distracted by the ``scandal of the day.''
H.R. 1 would also re-enfranchise ex-felony offenders who
have served their sentence and have been released from
prison. Because voting is such an integral part of being a
productive member of American society, the NAACP has
advocated strongly to allow felons who are no longer
incarcerated to reintegrate themselves into society and vote
in federal elections.
H.R. 1 also begins to fix the damage done to the crucial
1965 Voting Rights Act by the US Supreme Court decision in
Shelby v. Holder. The legislation specifically states that
Congress is committed to reversing the effects of the 2013
Supreme Court decision which effectively invalidated a
requirement that certain states and jurisdictions receive
federal preclearance on changes to voting procedures. Prior
to the Shelby decision preclearance was required for states
and local jurisdictions that had a history of voter
discrimination.
The measure would state that Congress should respond by
modernizing the electoral system to improve access to the
ballot, enhance voting integrity and security, ensure greater
accountability, and restore protections for voters. Finally,
but no less importantly, H.R. 1 contains strong provisions to
bring about genuine campaign finance reform measures which
will withstand the scrutiny of the Courts.
The NAACP strongly supports H.R. 1. This is not a partisan
issue: the right to vote should be supported by all Americans
who believe in democracy. We should be making voting and
involvement in the democratic process easier, not throwing up
barriers which may seem insurmountable to whole groups of
eligible voters. Should you have any questions or comments,
please do not hesitate to contact me at my office.
Sincerely,
Hilary O. Shelton,
Director, NAACP Washington Bureau and Senior Vice President
for Policy and Advocacy.
Mr. Chair, I will not read the entire letter, but it does say this:
``Dear Representative,
``On behalf of the NAACP, our nation's oldest, largest, and most widely-recognized grassroots-based civil rights organization, I would like to urge you, in the strongest terms possible, to support through passage H.R. 1 and to oppose any weakening amendments.''
It goes on to say: ``This legislation will expand Americans' access to the ballot box, reduce the discriminatory influence of big money in politics, prevent voter fraud, and strengthen ethics rules and accountability for public servants. H.R. 1 is supported and celebrated by the NAACP.''
I would urge us to support this bill and listen to the advice that we have received from the NAACP on this, and I reserve the balance of my time.
Mr. Chairman, I yield 1 minute to the gentlewoman from California (Ms. Pelosi), the Speaker of the House, representing San Francisco.
Mr. Chairman, if the gentleman would like to wrap up, I will also wrap up.
Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, this is an important bill for many reasons. We have seen all over the United States efforts to prevent Americans from being able to vote, from moving polling places out of a jurisdiction without any public transportation so voters can't get there, to reducing early voting, to voter ID requirements that have a disparate result and disadvantage young people. For example, in Texas you can show your hunting license but not your University of Texas ID. I think there is a rationale behind that.
We have had enough. We believe that American citizens ought to be able to vote and that we should do everything in Federal elections as the Constitution provides to allow those American citizens to vote.
That is why this bill provides for at least 15 days of early voting for Federal elections, no-excuse absentee ballots, that provisional ballots are treated uniformly so a voter in one State is treated the same way as a voter in another State when they are voting for the House of Representatives. We want to improve access for voters with disabilities and for overseas and military voters.
We know that we are vulnerable to hacking. We have voting machines that are using software that is no longer even updated. They are vulnerable to hacking. We have got to have paper ballots that are subject to a recount.
Much has been said about elements of this, but one of the things that I think is very important is the Federal congressional redistricting provisions. If there is one thing that makes Americans upset it is politicians manipulating the districts so that even if they don't get the votes, they get to win the seats. That is gerrymandering. This bill does away with it for the House of Representatives.
It requires all States to establish independent redistricting commissions for the purpose of developing and enacting congressional redistricting plans. It exempts States that meet the minimum requirements, including the State of Arizona, contrary to one of the comments made earlier here today.
There has been a lot of discussion about money, but I will include in the Record the preliminary report we have received from the Joint Committee on Taxation.
The estimate of the proposed 2.75 percent special assessment on criminal penalties and civil penalties is that it would raise $1.948 billion between 2019 and 2029 and that it would reduce the deficit by $83 million because people would be deterred by the additional penalty. That is from the Joint Committee on Taxation. I didn't make that up.
So this bill has a lot of sound provisions in it. It discloses big money so that there is transparency, as the court in Citizens United suggested that we do. It empowers small donors so the big money guys don't own the government. It reforms the ethics process for the President, the Congress, and for the judiciary.
I am sorry to say that some candidates win only when they suppress the vote, and we have seen that happen across the United States. We are not going to allow that to happen. Every American has a right to vote, to have their vote counted and let the chips fall where they may. That is what H.R. 1 will do.
Mr. Chairman, I urge its passage, and I yield back the balance of my time.
Mr. Chair, I would just note that the ballot harvesting issue, I think, has very little to do with the amendment offered by Mr. Hastings and that the remedy that has been suggested by my friend, Mr. Davis, was to use the system that was in place in North Carolina. Obviously, that didn't work. The remedy to fraud is prosecution, which is what is happening in North Carolina.
I would note that, as we mentioned at the Rules Committee last night, in California, you can give your ballot that is sealed not only to your son, but to your next-door neighbor. You might be an elderly person who doesn't have family around.
There has been no credible allegation of fraud, and we had monitors from both the Republican and Democratic parties, people from House Administration. There was no credible allegation of a problem.
Mr. Chair, let's not compare apples and oranges. Let's support Mr. Hastings' amendment.
Mr. Chair, I claim the time in opposition to the amendment.
Mr. Chair, I yield myself as much time as I may consume.
The gentleman's amendment to H.R. 1 would keep in place a provision of law that was inserted into must-pass pieces of legislation over the past few years. It makes it harder for voters to follow the money when it comes to government contractors and political spending.
The amendment is anathema to the purposes of H.R. 1, which is to bolster confidence and trust in the American Government and shine a light on secret spending in elections. The gentlemen's amendment would further the status quo of dark money in our elections, and it would protect a culture of pay-to-play politics that Americans reject.
Republicans in Congress, as Mr. Cole has mentioned, first included this language in the 2012 appropriations bill, then the 2014 appropriations bill, and finally in the 2015 Consolidated Appropriations Act.
H.R. 1, in title IV, subtitle G, repeals the restriction on requiring disclosure of campaign-related spending by those submitting an offer for a Federal contract. Repealing this restriction will curb the appearance of corruption that can go along with campaign-related money in government contracts. It will shine a light on dark money in politics.
Americans have a right to know who is trying to influence them with political advertisements and campaign spending and what big campaign spenders want from the government in return.
The Federal Government spends hundreds of billions of dollars a year on Federal contracts. Campaign-related spending should have nothing to do with influencing a contract, and disclosure will protect the integrity of the process and curb any appearance of corruption.
After the Supreme Court decided Citizens United in 2010, undisclosed sources have spent more than $950 million in dark money to influence Federal elections, according to the nonpartisan Center for Responsive Politics. The money flows through a complex web of corporations, dark money, nonprofit organizations, super-PACs, and other groups. When money from
government contractors enters this web, it poses the exact type of threat to the integrity of our democratic system that our campaign finance laws are intended to protect against.
While Federal law prohibits contracting entities from contributing to political candidates and parties, their directors, officers, and other affiliates could still give unlimited sums of dark money to groups that do not disclose their campaign-related donors, and that is why H.R. 1 would repeal the restriction on disclosure.
The court held 8 to 1 in Citizens United that ``The First Amendment protects political speech; and disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way. This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.''
The public has a right to follow the money, including money from government contractors to dark-money groups that did not disclose their spending.
H.R. 1 ensures disclosure and transparency, both of which are critical to open and responsive democracy that protects the public interest. And this amendment, although I am sure well-intentioned, takes us in the wrong direction.
Mr. Chairman, I urge a ``no'' vote on this amendment, and I reserve the balance of my time.
Mr. Chairman, I would just note that when a rider is added to the appropriations bill, you have to vote for the whole package to keep the government open.
Mr. Chairman, I yield the remainder of my time to the gentleman from Maryland (Mr. Sarbanes).
Mr. Chairman, I yield back the balance of my time.