SADDAM HUSSEIN, SICILIAN MAFIA: CAMPAIGN DONORS?
'527s' Give them a way into American election campaigns.

Larry Makinson is executive director of the Center for Responsive Politics, a
non-partisan, non-profit campaign finance watchdog group based in Washington,
D.C.

Editor's Note: In the face of escalating public outrage over the use of
so-called "527 committees" to avoid federal campaign finance laws, the House
of Representatives is reluctantly considering legislation to require these
committes to disclose their donors and expenditures. The Senate already has
passed such a bill. The following is the statement of Larry Makinson,
Executive Director of the Center for Responsive Politics, made on June 20,
2000 to the Subcommittee on Oversight of the House Committee on Ways and
Means, which took testimony that day on the disclosure of political
activities of tax-exempt organizations.

Mr. Chairman, and members of the committee, my name is Larry Makinson. I am
executive director of the Center for Responsive Politics, a non-partisan
non-profit research organization that monitors and analyzes campaign
contributions in federal elections. I appreciate the opportunity to address
the committee today, and I'd like to address my remarks particularly to those
organizations operating under section 527 of the Internal Revenue code.

A little background first. The Center for Responsive Politics was founded in
1983 by two U.S. Senators -- Hugh Scott, Republican of Pennsylvania, and
Frank Church, Democrat of Idaho. It was founded with the idea of looking at
Congress and finding ways to make it more responsive to the public. As part
of that mandate, the Center first examined the relationship between money and
politics quite early in its history. Our first report on the subject reviewed
contribution patterns in the 1984 presidential elections. Since 1989, and
proceeding right up to the present, we have systematically monitored all
itemized contributions to federal candidates and parties, both from PACs
[political action committees] and from individuals. We break them down by
industry and interest group, and we publish our findings so that anyone can
see them. We used to do this in a 1,300 page book called "Open Secrets" and
published by Congressional Quarterly. Nowadays we publish it solely on the
Web, on our opensecrets.org website.

Mr. Chairman, members of the committee, your contributions -- contributions
to your reelection committees -- are an open book. As you well know, all
contributions over $200 have to be itemized and reported to the Federal
Election Commission. The FEC both gathers and reports that information, and
any interested citizen can now look it up on the Internet. Using that
information, we at the Center compile, and publish on the Web, full campaign
finance profiles for every member of Congress, all candidates for Congress,
and the leading contenders for President.


What we have on each one of you...


Here's what we have on each one of you -- and all your opponents in the 2000
elections, as well. A summary of how much money you've taken in this election
cycle, how much you've spent, how much cash you have left in the bank, and
how much of your money has come from PACs versus individuals, versus money
from your own pocket. We also break down the contributions geographically.
Anyone can look up your profile and find out how much of your money was
collected in-state versus out-of-state. They can look up the five biggest
metro areas contributing to your campaign, as well as your top 10 zip codes.

They can also get a breakdown of your contributions by industry and interest
group. We do this both in a broad sense, through a chart that divides all
your contributions into one of 13 broad sectors -- such as Health or
Transportation -- and on a more detailed level by looking at the top 20
industries and interest groups giving to your campaign. This would show how
much you got from, say, securities firms, insurance companies, public
employee unions, or airlines. They can also see your leading contributors,
standardized and grouped by organization. We even monitor how good a job each
candidate does in fully identifying the occupation and employers of their
donors, as required by federal law.

That's disclosure. With that information, any citizen who wants to find out
who's paying for your election can do so, easily and quickly.

Contrast that level of disclosure with the information available today on
so-called "527 organizations" -- groups like "Republicans for Clean Air,"
which spent an estimated $2.5 million on negative ads in New York, Ohio and
California in the days leading to Super Tuesday, ads that helped bring to an
end the presidential campaign of John McCain.

When those ads first came out, nobody knew who "Republicans for Clean Air"
was. In fact as later came out, there was no organization. There was only a
Texas billionaire named Sam Wyly, and his brother. And if Wyly hadn't stood
up and said it was his dollars that were fueling those ads, we'd still be
scratching our heads wondering where they came from. Under the terms of
Section 527, Wyly didn't have to disclose a thing.


Saddam Hussein or Sicilian Mafia: "527s" let them play in our politics.


Nor does anyone else. Unlimited sums can also come from corporations, labor
unions, ideological and single-issue groups of all political stripes -- even
foreign companies, governments, despots, or for that matter the Sicilian
Mafia, if they had the inclination. The fact is, if Saddam Hussein wanted to
plunk $100 million into a barrage of TV ads the final week before we pick our
next president, he could do it. He could also fly under the radar with direct
mail pieces, or pre-recorded phone messages, to every mailbox and telephone
in America.

So could the American Trial Lawyers Association, the Teamsters Union, Philip
Morris, the National Rifle Association, the Sierra Club, or Microsoft -- all
without anybody knowing where the money came from, or how much was even
spent.

This has all come about through a combination of reasons -- the federal court
ruling that opened up the phenomenon of so-called "issue ads," the move by
the IRS to clamp down on political activities by tax-exempt organizations,
and a growing desire -- in an age when disclosure of contributions is
improving all the time -- for some donors to evade public detection.

They have found the ultimate loophole in these 527 committees, which are seen
as 100% political by the IRS, and 100% non-political by the FEC. This legal
alchemy has effectively rendered their finances 100% invisible.

I know there's been much discussion lately about expanding this legislation
to include not simply 527's, but to require disclosure of other tax-exempt
organizations attempting to influence elections as well. The one thing I
would point out, however, is that there's a difference -- a crucial
difference -- between 527s and all the other tax-exempt groups.

As "Republicans for Clean Air" has all too clearly demonstrated, a 527
needn't be an organization at all. All it is is a bank account. A secret bank
account, whose donors can come from absolutely anywhere in the world.

Mr. Chairman, we spend hundreds of billions of dollars a year protecting our
national security, yet with this loophole we have invited anyone in to
potentially disrupt our elections. For the cost of a few Scud missiles, any
foreign government, corporation, or cartel could pour millions of dollars
into influencing our elections. They could do it legally and completely
anonymously.

That's as much a danger to this republic as any brushfire war halfway around
the world. I'm glad it's getting attention here in Congress, and I hope
you'll shut this loophole down as quickly as possible. There should be no
place in our American elections for secret bank accounts or phantom
organizations with names that sound all-American, but identities that could
be anything but.

Thank you, and I'd be happy to answer any questions you may have.


http://tompaine.com/print.php3?id=1085

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