Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, the Senate is now opening the crucial debate on our proposal to throw out the Trump pro-dark money campaign rule under the Congressional…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, the Senate is now opening the crucial debate on our proposal to throw out the Trump pro-dark money campaign rule under the Congressional Review Act.
At the outset, I thank my colleague Senator Tester for his leadership on the issue of bringing sunshine to American elections.
The fact is the State of Montana is the poster child of campaign finance reform--a textbook case of the sort of transparency and accountability that American elections need to all be about, and no Senator embodies that tradition more than Montana's own Jon Tester.
If you know anything about the history of the State and the Montana Copper Kings, you know why Montanans and Jon Tester always lead this fight. That is why I am so glad, as the ranking Democrat on the Finance Committee, to be able to partner with him on this critical issue. The Trump administration's dark money rule makes it easier for foreigners and special interests to corrupt and interfere in our elections. Senator Tester and I have filed this Congressional Review Act proposal because we want to make it harder.
I believe deeply that when you are facing down secret money that is shifting between shadowy groups that want to buy our elections, sunlight is the best disinfectant. If you are concerned about foreign actors who are hostile to our country and who are illegally funding candidates who will do their bidding, sunlight is the best disinfectant. If you are worried about anonymous political insiders who have deep pockets that are tightening their grips on Washington, DC, sunlight is the best disinfectant. I hope, today, we will prove that sunlight should not be a partisan proposition.
Yet the rule change the Trump administration pushed through this summer is not about sunlight; it is all about darkness. It is about secrecy. It is about giving the well-connected even more of a say in how American Government works. You can see that pretty clearly just by going back to the day the rule was announced. That alone shows how out of whack these policies are, how wrongheaded they are.
On July 16, 2018, a Monday morning, the American people woke up to the news of the arrest of an accused Russian spy in Washington, named Maria Butina. She had come to our country years earlier and had set out to infiltrate conservative organizations, especially the NRA. She cultivated relationships with political insiders. She worked to organize back channel lines of communication for the benefit of the Russian Federation, and she set up a shell company in North Dakota with a very prominent NRA political operative. For months, her lawyer claimed she was nothing more than a typical college kid who was enjoying life in the Nation's Capital.
It has been a few years since I have been in college, but I don't know of many students at Portland State or Southern Oregon who cross State lines to set up shell companies and organize lines of communication with the Kremlin. Most college kids in Oregon are too busy being college kids to infiltrate conservative political circles on behalf of a hostile foreign power.
Hours after the vast majority of the American public heard Maria Butina's name for the first time, the Trump administration dropped its dark money bombshell. It announced a new policy that is going to let even more untraceable dark money from foreigners and special interests find its way into--infiltrate--our elections. For those like Maria Butina who want to secretly, furtively, invade and twist and corrupt our democracy, the Trump administration, just this summer, made it a lot easier.
Shadowy political spending groups used to be required under tax law to disclose the identities of their major donors. After this rule was adopted, they didn't have to disclose their donors at all. Federal investigators are going to be blind to bad actors who use dark money groups to do their bidding. Even if the Internal Revenue Service and State tax authorities suspect a particular spending group is guilty of wrongdoing, they will not know who provided the cash.
Since this is a tax policy change, it falls under the jurisdiction of the Finance Committee, where we do a lot of work on issues that deal with tax exemptions. Let's make one thing clear. There was no debate on this issue in the Finance Committee, and it received no debate on the Senate floor. The American people had no opportunity to comment on the rule change, which would be typical if you are talking about a major change in a regulation. So we are going to unpack that this morning.
I am going to start by just spending a minute or 2 on some of the arguments I have heard from some who might not be inclined to support it.
First, there has been an argument that disclosing these major donors is a violation of privacy. The Presiding Officer and I serve together on the Select Committee on Intelligence, and I think anybody who has followed that work knows that I am a real privacy hawk and don't take a backseat to anybody in terms of privacy rights. Yet allowing foreigners and megawealthy corporations to buy elections in secret is not a matter of privacy policy; it is a proposition that is anti-democratic. Furthermore, I will point out that the group that is making the case for the privacy argument online is, in fact, a dark money group.
Second, since the announcement, the Trump administration has tried to downplay the significance of the new rule. The Deputy Secretary of Treasury told the Finance Committee that cutting off disclosure was all about working to ``further efficient tax administration.'' That sounds, to me, like dry Washington lingo for ``enforcing the pro-sunshine law is a pain, so why would anybody bother?'' Others, simply, claim it will have no real consequence.
I have two responses to that one.
First, if the dark money rule change is not any big deal, then why did the Trump administration work so hard to block Congress from challenging it? It kept the rule change off the official books for as long as it could because it was hoping to run out the clock on our oversight. This is real gamesmanship in order to make sure the American people don't find out about how there would be less sunlight with respect to big political donations.
Second, the argument that cutting off disclosure will not have harmful consequences is another one that has been trotted out in opposition to our reform.
If the existing rule requiring disclosure of major dark money donors to the IRS wasn't casting enough sunshine, that is not a reason to bring on total secrecy. That is not a reason for bringing on darkness. It is a reason to say you want to be on the side of more sunshine.
A number of our colleagues on the Finance Committee--Senator McCaskill and Senator Whitehouse, who is a champion of disclosure--are all in favor of more sunshine. To me, this argument, as well, just doesn't stand up. We think that making as much public information public ought to be the policy of our land.
One thing that is clear to me from my conversations this election season is that voters do not want more secret spending for more anonymous wealthy donors and foreigners leading to more political ads.
It is not possible to escape all of these ads on television. Short of pitching a tent and camping out in the woods until the second week of November, you can't get away from it. People hear all of these charged- up political ads, but much of the time they have no way of determining who is behind them. You get to the end of the ad, and a voice says that it was paid for by an oddly named group that you have probably never heard of, something like ``Americans United for Patriotic Priorities'' or ``Grandparents for This and That.'' Maybe the group is called ``Families for Stuff.'' That is the kind of nonsense that is offered up in terms of disclosure that I, Senator Tester, Senator Whitehouse, and others who have been in this fight think is ridiculous.
By the way, there are real-life examples that actually demonstrate my point. Some will remember Don Blankenship, whose mining company broke safety laws and lost 29 employees in the worst mine explosion in decades. A couple of years ago, he wanted, more or less, to buy a seat on the West Virginia Supreme Court. So he set up a political spending group called ``And For The Sake Of The Kids.'' Then he dropped a mountain of cash on the election, and his preferred candidate won. Let me repeat that in case anybody didn't get the essence of what he was up to. An energy baron, a leader in the fight for more dirty energy started a political spending group to protect his dirty energy interests, and he actually named it ``And For The Sake Of The Kids.''
The dark money rule change--what the Trump administration worked so hard to get, what they worked so hard to hide from oversight--feeds right into what I have shown is a system of malignant, secretive politics that our people have had a belly full of. It gets to the heart of a larger problem. Across the country, our right to vote, our elections, and our democracy are under assault.
Here are a few examples of what that means. Since the Citizens United decision, the amount of outside money spent by shadowy groups on our elections has gone into the stratosphere. Congressional districts are gerrymandered to such an extreme that millions of Democratic voters are, in effect, denied equal representation. In Wisconsin, Democrats got 54 percent of the vote, but only 37 percent of the seats in the legislature.
Republicans ignore the advice of Trump intelligence experts ringing the alarm bells over election security, and they ignore the cyber security experts who have clearly stated that paper ballots and risk limiting audits are the key--the best way--to defend attacks on our voting system.
Tens of millions of Americans cast their votes on insecure, hackable machines produced by companies that buy off election officials and evade oversight by the Congress. The Trump administration and his allies have invented a fake crisis of voter fraud out of thin air, and they have used it as a pretext to purge millions of voters from the rolls and discourage Americans from casting a ballot.
State officials have targeted communities of people of color, shutting down polling places where they live and restricting opportunities to vote early or as an absentee.
In the last few days, Americans have learned more and more about what happened in one district in North Carolina, where Republican Party operatives schemed to confiscate and destroy mail-in ballots, likely belonging to Democratic voters, if you read the press reports that are coming out daily.
In some States where Democrats have won elections--look at Wisconsin and North Carolina--outgoing Republican lawmakers have sabotaged the powers of incoming Governors, in defiance of the voters who elected them.
Trump's dark money policy--the idea that it is OK to have more dark, secret money in politics--reinforces the corruption that I have just described. It
concentrates power in the hands of special interests that can afford to cut a big check and buy the election results they want. It takes power away from individuals, away from moms and dads who vote to give their kids a brighter future, away from seniors who vote to protect Medicare and Social Security, and away from young people who are saying it is long past time to fight the devastation of climate change and the rising cost of education.
Having more disclosure and more sunshine in elections traditionally has been bipartisan, and I hope the resolution Senator Tester and I are offering will also be bipartisan. All we have to do is have an outbreak of the legacy of the late John McCain.
A few years ago, I introduced a bipartisan disclosure bill with my friend and colleague Senator Murkowski. Big bipartisan majorities passed campaign finance legislation in the 1970s. That is what Senator Tester and I believe the Congress ought to get back to. Throwing out the Trump dark money rule seems to us to be a good first step.
This is an opportunity, today, to vote for sunshine in our elections, to say that sunshine is, again, the best disinfectant. There is none other like it for corruption in our elections. I am hopeful that, once again, this idea of transparency, disclosure, and accountability will be bipartisan in the Senate when we vote a little bit after noon today.
I will close by way of saying that I come from a State where citizens have insisted on open government. I have had more than 900 open-to-all townhall meetings, and the reason why people want them is because they see that as a path to accountability, and they don't want politics driven by just campaign donations and big money. They certainly don't want it to be dark money.
We are going to know a little bit more about Maria Butina here in the next day or so, but, again, when you have college students setting up shell companies thousands of miles away from going to college, that ought to be a wake-up call that the Trump dark money rule makes it more likely and that we will have more of those shell companies in the days ahead.
When we vote at 12:15, I urge my colleagues to support Senator Tester's and my resolution, with the support of many colleagues, like Senator Whitehouse, who has been a champion on these disclosure issues. I urge my colleagues on both sides of the aisle to remember that these issues have always been about bipartisanship and to join us in voting for our proposal that we will vote on shortly after noon.
I yield the floor to Senator Whitehouse and thank him for all his work on these issues over the years.
Mr. President and colleagues, we have so many waiting to speak about our friend Chairman Hatch that I am going to be very brief.
If you are to talk about the Chairman's record over the last 42 years, we would be here for months and months on end.
I wish to say, if you had told this body or the country in the winter of 2017 that you would pass in this Congress a bipartisan 10-year reauthorization of the Children's Health Insurance Program--we have plenty of Finance members here--you would have been charged with hallucinating. People would have said: No way; it couldn't possibly happen.
If you had said in the winter of 2017 that you were going to pass a major set of reforms on foster care--reforms that Marian Wright Edelman of the Children's Defense Fund has been dreaming about for decades-- they would simply have said: That is impossible. It couldn't possibly happen. You are hallucinating.
Colleagues, listen to this. If you had said in the winter of 2017 that you were going to start a transformation of Medicare with over 50 million seniors--a transformation from a program that traditionally used to be about acute illness and now is largely about chronic illness: cancer, diabetes, heart disease, and stroke--if you had said in 2017 that you were going to transform Medicare to update the Medicare guarantee to help seniors, once again, they would have said: Impossible.
Colleagues, that has happened in this Congress because Chairman Hatch was willing to reach across the aisle, and now millions of kids, millions of seniors, and families from sea to shining sea for whom the foster care system didn't work are now going to be able to have a better path.
I am going to close my remarks--I know so many colleagues want to speak--by quoting Senator Kennedy. As you know, Senator Kennedy had a long friendship with Orrin Hatch. In 1981, Chairman Hatch took the gavel of what was called the Senate Labor and Human Resources Committee. And I am telling you--the chairman remembers this--Senator Kennedy and Orrin Hatch got down right away to duking it out. They were duking it out over labor law and all kinds of things, but they began to develop a mutual respect. I am going to close by reading what Senator Kennedy said about Orrin Hatch.
Senator Kennedy said: We are beyond the point where we let our differences get in the way of opportunities for progress. We have just learned it is a lot easier to work together than it is to fight each other.
Senator Kennedy said:
We have differences in terms of perhaps how we achieve the
objectives, but I don't really feel that I have a difference
with Orrin in terms of what the objectives ought to be. If
you build upon that kind of understanding and respect, you
get a lot of things done.
Colleagues, I am telling you, if you look at 2017 and 2018, for the millions of kids who will benefit from the 10-year Children's Health Insurance Program, the scores of families who are going to benefit from the foster care dreams Marian Wright Edelman has been dreaming about, and the millions of seniors who will benefit from updating the Medicare guarantee, that came about because Chairman Hatch looked at Senator Kennedy's words, and he has continued that tradition in the Finance Committee today. I just want him to know how much we appreciate that work.
It is going to matter, Mr. Chairman, for millions of people from sea to shining sea, and I thank you for the opportunity to pursue those opportunities with you.
I yield the floor, and I look forward to hearing from my colleagues.
Madam President, I ask for the yeas and nays.