HOUSE of REPRESENTATIVES—Wednesday, March 21, 2001

March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4105 HOUSE OF REPRESENTATIVES—Wednesday, March 21, 2001

The House met at 10 a.m. and was Mr. WAMP. Mr. Speaker, I object to ON THE ECONOMY AND TAX CUTS called to order by the Speaker pro tem- the vote on the ground that a quorum (Mr. PITTS asked and was given per- pore (Mr. LATOURETTE). is not present and make the point of mission to address the House for 1 f order that a quorum is not present. minute and to revise and extend his re- The SPEAKER pro tempore. Pursu- marks.) DESIGNATION OF THE SPEAKER ant to clause 8, rule XX, further pro- Mr. PITTS. Mr. Speaker, over the PRO TEMPORE ceedings on this question will be post- last 6 months, we have seen some The SPEAKER pro tempore laid be- poned. major changes in our economy. We lost fore the House the following commu- The point of no quorum is considered 94,000 manufacturing jobs just in Feb- nication from the Speaker: withdrawn. ruary. Overall economic growth slowed WASHINGTON, DC, f to just 1.1 percent in the fourth quarter March 21, 2001. of last year. In the quarter before that, I hereby appoint the Honorable STEVEN C. PLEDGE OF ALLEGIANCE the growth was 5.6 percent. I do not LATOURETTE to act as Speaker pro tempore The SPEAKER pro tempore. Will the need to remind anyone how far down on this day. the stock market has gone. Clearly, we J. DENNIS HASTERT, gentleman from California (Mr. LEWIS) Speaker of the House of Representatives. come forward and lead the House in the need to take action. Some in this body are claiming that even by talking f Pledge of Allegiance. Mr. LEWIS of California led the about the slowdown in the economy, PRAYER Pledge of Allegiance as follows: we are pushing the country into recession. But we need to have a sensible Rabbi Hillel Cohn, Congregation I pledge allegiance to the Flag of the discussion about what needs to be done Emanu El, San Bernardino, California, United States of America, and to the Repub- to breathe new life into the American offered the following prayer: lic for which it stands, one nation under God, economy. This is too important to Thousands of years ago, in setting indivisible, with liberty and justice for all. make it political. down the fundamental requirements f Yesterday’s cut in interest rates will for any community, the Torah charged: help, but we need tax cuts as well. Only ‘‘Tsedek, tsedek tirdof’’: WELCOMING RABBI HILLEL COHN by getting more money into the hands ‘‘Justice, justice shall you pursue.’’ (Mr. LEWIS of California asked and of the people who spend can we get our Appreciating the importance of jus- was given permission to address the economy going again. Let us pass the tice, the Founders of this Nation envi- House for 1 minute.) President’s tax relief package. In fact, sioned an America that would guar- Mr. LEWIS of California. Mr. Speak- let us even make it bigger and retro- antee ‘‘liberty and justice for all.’’ er, it is my privilege today to intro- active. And let us do it now. O God, strengthen the resolve of duce to my colleagues an old friend, f those who serve here to make the deci- Hillel Cohn, who is about to retire as sions as well as the processes leading rabbi of Congregation Emanu El in San FUNDING NEEDED FOR NEW to those decisions genuinely just. Let Bernardino, California. Not too long MARKET INITIATIVES America pursue justice in our enforce- ago, in a community meeting, Rabbi (Mr. DAVIS of Illinois asked and was ment of laws, in our forms of punish- Cohn approached me and said, ‘‘Jerry, I given permission to address the House ment, in our methods of choosing our understand we’re going to have a wed- for 1 minute and to revise and extend leaders, in our allocation of precious ding.’’ Thereby he was announcing to his remarks.) resources, in our expectations of other me that, not too long after that, he was Mr. DAVIS of Illinois. Mr. Speaker, nations, and in our daily relations with marrying two of my now young chil- last year we spent a great deal of time, one another. dren, not so young children. energy and effort developing a new Praised be the Eternal God, the Sov- Hillel is a UCLA graduate. He got his markets venture capital program with ereign, who loves justice and expects us Ph.D. at the divinity school at Clare- enthusiastic support from President to pursue justice, uncompromising and mont College. He came to San Clinton and Speaker HASTERT. When I true justice. Amen. Bernardino to lead this congregation in look at the current President’s budget f 1963. Our community has been blessed for 2002, it provides no money at all for by his service. He has been involved in these initiatives to spur economic THE JOURNAL virtually every organization of any mo- growth and development in disadvan- The SPEAKER pro tempore. The ment to San Bernardino, California, as taged inner city and rural commu- Chair has examined the Journal of the well as the surrounding communities. nities. last day’s proceedings and announces His leadership indeed has had a huge Today, we are going to hear a great to the House his approval thereof. impact, ranging from our commission deal about faith as a way of dealing Pursuant to clause 1, rule I, the Jour- that involves human affairs that at- with the needs, hopes and aspirations nal stands approved. tempts to provide balance and strength of the disadvantaged. I say that faith Mr. WAMP. Mr. Speaker, pursuant to within our community. He has been a without money is shallow. Let us keep clause 1, rule I, I demand a vote on leader within the religious community, the faith and fund these new market agreeing to the Speaker’s approval of obviously, but most importantly he has initiatives for inner city and rural dis- the Journal. used his extra time, that volunteer advantaged communities. The SPEAKER pro tempore. The time, to touch every aspect of our life. f question is on the Speaker’s approval His service upon his retirement will of the Journal. only increase, I am assured. UNIVERSITY OF MIAMI PRESIDENT The question was taken; and the Ladies and gentlemen, it is my privi- EDWARD THADDEUS FOOTE, II Speaker pro tempore announced that lege to introduce to you my friend, (Ms. ROS-LEHTINEN asked and was the ayes appeared to have it. Rabbi Hillel Cohn. given permission to address the House

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4106 CONGRESSIONAL RECORD—HOUSE March 21, 2001 for 1 minute and to revise and extend process. We have spent billions more in minute and to revise and extend his re- her remarks.) Haiti, Rwanda, Somalia, Kosovo and marks.) Ms. ROS-LEHTINEN. Mr. Speaker, I many other places. We have become Mr. GIBBONS. Mr. Speaker, the Re- would like to pay tribute to Edward the world’s policeman, even though our publican budget puts America’s fami- Thaddeus Foote II, President of the people do not want us to be. lies first by responsibly using the sur- University of Miami, who will soon re- There are armed conflicts going on in plus to pay down the national debt, tire after 20 years of remarkable serv- many places all around the world all provide needed tax relief and bolster ice to the university and indeed to the the time. We seem to follow a CNN for- funding for priorities like education, entire South Florida community. eign policy, throwing huge money at Social Security, Medicare, prescription Tad arrived at UM in 1981 where he whichever problem area is being em- drug benefits and national defense. introduced corporate-style strategic phasized on the national news. Mac- Republicans refuse to squander the planning and recruited approximately edonia is next. We are spending $4 mil- surplus and will work diligently to pass three-quarters of the current faculty lion every day in Iraq 10 years after the a balanced budget. The Republican during his tenure. Under his leadership, Gulf War. budget puts American families first by high-quality teaching became a top In Sunday’s Washington Times, syn- responsibly using the surplus for edu- priority, and the university’s research dicated columnist Steve Chapman cation priorities, strengthening Social productivity has expanded dramati- wrote this: Security, modernizing Medicare, pro- cally. Remember the war in Kosovo? The United viding prescription drug benefits and Tad enabled the founding of the Uni- States launched an 11-week aerial bombard- ment of Yugoslavia in 1999 to help the ethnic bolstering national defense, as I said versity’s School of Architecture, Albanians. Two years later, our soldiers are earlier. School of Communication, School of fighting the Albanians and welcoming help In addition, we need to show support International Studies, as well as the from the Serbs. In the Balkans, you see, a for the next part of the tax relief pack- Dante B. Fascell North-South Center, friend is merely someone who isn’t your age Congress and the White House are making the University of Miami the enemy just yet. working on, including eliminating the largest and most comprehensive pri- f taxes on marriage and death, and dou- vate research university in the South- CONGRATULATING JOHNSON C. bling the child tax credit. east. Tad is a visionary and a bold lead- SMITH UNIVERSITY ON ITS Mr. Speaker, eliminating the taxes er who never compromises his quest for ‘‘MARCH MADNESS’’ DREAM on marriage and death are a top pri- quality. STORY ority for this Congress and the White Sadly, he has announced that he will House. When I have a town hall meet- be leaving the presidency on June 1 but (Mr. WATT of North Carolina asked ing, one of the top issues on the minds and was given permission to address will serve as chancellor of the Univer- of my constituents is relief from these the House for 1 minute and to revise sity until 2003. onerous and immoral taxes. No married Mr. Speaker, I ask that my col- and extend his remarks.) Mr. WATT of North Carolina. Mr. couple ought to be taxed an extra $1,400 leagues join me in celebrating the tre- Speaker, in North Carolina at this time per year just for getting married, and mendous advancements realized under of year, March Madness is bursting out no family farm or small business President Tad Foote’s extraordinary all over. Three of the five first-team should be allowed to go under because leadership and in wishing him God- All-American players are from North of the death tax. These taxes are on the speed. Carolina teams. Duke, the University chopping block. f of North Carolina, Wake Forest, the f AMERICA IN DANGER University of North Carolina at APPOINTMENT OF MEMBERS TO Greensboro, and the University of (Mr. TRAFICANT asked and was UNITED STATES HOLOCAUST ME- North Carolina at Charlotte from my given permission to address the House MORIAL COUNCIL congressional district were all in the for 1 minute and to revise and extend field of 64, although only one survives. The SPEAKER pro tempore. Without his remarks.) But perhaps the most exciting March objection, and pursuant to Public Law Mr. TRAFICANT. Mr. Speaker, Madness story in North Carolina this 106–292 (36 U.S.C. 2301), the Chair an- America is in danger. China just built year is at Johnson C. Smith Univer- nounces the Speaker’s appointment of their third missile base, and North sity, the alma mater of my colleague the following Members of the House to Korea referred to Uncle Sam as an ag- EVA CLAYTON. Founded in 1867, JCSU is the United States Holocaust Memorial gressor. Think about it. We are now one of four historically black colleges Council: looking down the fangs of a dragon. and universities located in my congres- Mr. GILMAN of New York; China is going after Taiwan, North sional district and has a student body Mr. LATOURETTE of Ohio; and Korea is escalating tensions, and Janet of approximately 1,500 students. JUS Mr. CANNON of Utah. Reno is doing Saturday Night Live. finished this year’s basketball season There was no objection. Beam me up here. with a 27–4 record, won the CIAA bas- f While President Reagan crippled ketball tournament, won the South At- communism, Reno’s actions have abso- lantic Regional Division II champion- PROVIDING FOR CONSIDERATION lutely reinvented the greatest threat ship, and tonight will be playing in the OF MOTIONS TO SUSPEND THE America has ever had and no one is Division II Elite 8 in California. Now, RULES looking. that is a real March Madness dream Ms. PRYCE of Ohio. Mr. Speaker, by I yield back all those Chinese mis- story. direction of the Committee on Rules, I siles pointed at American cities. I congratulate President Dorothy call up House Resolution 92 and ask for f Yancey, Coach Steve Joyner and his its immediate consideration. AMERICAN FOREIGN POLICY basketball team and the entire John- The Clerk read the resolution, as fol- son C. Smith University family on pro- lows: (Mr. DUNCAN asked and was given ducing this March Madness dream H. RES. 92 permission to address the House for 1 story and on continuing to educate our minute and to revise and extend his re- young people in this country. Resolved, That it shall be in order at any marks.) time on the legislative day of Wednesday, f Mr. DUNCAN. Mr. Speaker, former March 21, 2001, or Thursday, March 22, 2001, for the Speaker to entertain motions that President Clinton promised us we PUTTING AMERICA’S FAMILIES FIRST the House suspend the rules relating to the would be out of Bosnia by the end of following measures: 1996. We are still there and have spent (Mr. GIBBONS asked and was given (1) The concurrent resolution (H. Con. Res. billions of U.S. taxpayer dollars in the permission to address the House for 1 43) authorizing the printing of a revised and

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4107 updated version of the House document enti- other than matters from the Com- rent resolution (H. Con. Res. 43) au- tled ‘‘Black Americans in Congress, 1870– mittee on Ways and Means. Thus, it thorizing the printing of a revised and 1989’’; seems the majority has come to rely on updated version of the House document (2) The bill (H.R. 1042) to prevent the elimi- minor bills to fill the time in between entitled ‘‘Black Americans in Congress, nation of certain reports; (3) The bill (H.R. 1098) to improve the re- the consideration of tax bills. 1870–1989’’. cording and discharging of maritime liens Mr. Speaker, there are any number of The Clerk read as follows: and expand the American Merchant Marine important issues facing the country H. CON. RES. 43 Memorial Wall of Honor, and for other pur- today. Education, Social Security, Resolved by the House of Representatives (the poses; Medicare, national defense, crime and Senate concurring), (4) The bill (H.R. 1099) to make changes in energy are just a few of them; yet we SECTION 1. PRINTING OF REVISED VERSION OF laws governing Coast Guard personnel, in- have not seen any signs of any of these ‘‘BLACK AMERICANS IN CONGRESS, crease marine safety, renew certain groups issues heading to the floor. 1870–1989’’. that advise the Coast Guard on safety issues, It is time for this Congress to buckle (a) IN GENERAL.—An updated version of make miscellaneous improvements to Coast House Document 101–117, entitled ‘‘Black Guard operations and policies, and for other down and get to work; and, Mr. Speak- Americans in Congress, 1870–1989’’ (as revised purposes. er, we should do our work under reg- by the Library of Congress), shall be printed (5) The bill (H.R. 496) to amend the Com- ular order. as a House document by the Public Printer, munications Act of 1934 to promote deploy- So, in order to give the House some- with illustrations and suitable binding, ment of advanced services and foster the de- thing to do today, Democrats will not under the direction of the Committee on velopment of competition for the benefit of object to this rule. But that being said, House Administration of the House of Rep- consumers in all regions of the Nation by re- we cannot be counted on to continue to resentatives. lieving unnecessary burdens on the Nation’s stand aside as the Republican majority (b) NUMBER OF COPIES.—In addition to the two percent local exchange telecommuni- usual number, there shall be printed 30,700 cations carriers, and for other purposes; continues to shirk its responsibilities. copies of the document referred to in sub- (6) The bill (H.R. 802) to authorize the Pub- Mr. Speaker, I reserve the balance of section (a), of which— lic Safety Officer Medal of Valor, and for my time. (1) 25,000 shall be for the use of the Com- other purposes. Ms. PRYCE of Ohio. Mr. Speaker, I mittee on House Administration of the House of Representatives; and b 1015 yield myself such time as I may consume. (2) 5,700 shall be for the use of the Com- The SPEAKER pro tempore (Mr. Mr. Speaker, let me remind my col- mittee on Rules and Administration of the LATOURETTE). The gentlewoman from leagues that these are non-controver- Senate. Ohio (Ms. PRYCE) is recognized for one sial measures, and that they are impor- The SPEAKER pro tempore. Pursu- hour. tant to many Members of this body. ant to the rule, the gentleman from Ms. PRYCE of Ohio. Mr. Speaker, for The resolution will simply allow this Ohio (Mr. NEY) and the gentleman from the purpose of debate only, I yield the House to complete its work on these Maryland (Mr. HOYER) each will con- customary 30 minutes to my good initiatives. trol 20 minutes. friend, the gentleman from Texas (Mr. Mr. Speaker, I urge support for the The Chair recognizes the gentleman FROST), pending which I yield myself resolution and the underlying legisla- from Ohio (Mr. NEY). such time as I may consume. During tive initiatives. Mr. NEY. Mr. Speaker, I yield myself the consideration of this resolution, all Mr. FROST. Mr. Speaker, I have no such time as I may consume. time yielded is for the purpose of de- further requests for time, and I yield Mr. Speaker, I have just a few state- bate only. back the balance of my time. ments I want to make on this resolu- Mr. Speaker, yesterday the Com- Ms. PRYCE of Ohio. Mr. Speaker, I tion. In the 101st Congress, House Doc- mittee on Rules met and passed this have no further requests for time, I ument 101–117, entitled ‘‘Black Ameri- resolution providing that it shall be in yield back the balance of my time, and cans in Congress, 1870–1989,’’ was print- order at any time on the legislative I move the previous question on the ed and distributed to the House and the day of Wednesday, March 21, or Thurs- resolution. Senate. This document noted the dis- day, March 22, for the Speaker to en- The previous question was ordered. tinguished service of 66 African Ameri- tertain motions to suspend the rules The resolution was agreed to. cans who had served in the Congress up relating to the measures previously A motion to reconsider was laid on to that point in time. In fact, when I outlined by the reading clerk. the table. was elected to the 104th Congress, we The Members and their staffs have happened to have this particular book f had time to examine these rules, and that was in our office, and it is just a the Committee on Rules is not aware of ANNOUNCEMENT BY THE SPEAKER fascinating history and documentation any controversy or concern. While PRO TEMPORE of the 66 African Americans who had these items are non-controversial, they The SPEAKER pro tempore. Pursu- served in the Congress. It really makes are indeed important pieces of legisla- ant to clause 8, rule XX, the Chair an- for an interesting reading and I think tion to many Members of this body nounces that he will postpone further pays tribute to those African Ameri- and, more importantly, to the con- proceedings today on motions to sus- cans. stituents we represent. pend the rules on which a recorded vote Since that document was printed, Accordingly, I urge my colleagues to or the yeas and nays are ordered, or on some 40 additional African Americans support this rule, as well as the six which the vote is objected to under have served in the United States Con- bills it makes in order. clause 6 of rule XX. gress. House Concurrent Resolution 43 Mr. Speaker, I reserve the balance of Any record vote on H.R. 1099, the will simply direct the Library of Con- my time. Coast Guard Personnel and Maritime gress to revise the biographies of Mem- Mr. FROST. Mr. Speaker, I yield my- Safety Act of 2001, will be taken tomor- bers included in the first volume, so it self such time as I may consume. row. will be an update, and also provide for Mr. Speaker, it is not the intention Record votes on remaining motions the inclusion of African American of the Democratic Members of the to suspend the rules will be taken Members of the House and Senate who House to object to this rule. We do, today. have been elected since the document however, object to the continued use of f was last published. the suspension calendar on days that Mr. Speaker, I urge my colleagues to are under the rules of the House sup- PRINTING REVISED UPDATED support the passage of this measure. It posed to be used for the consideration VERSION OF ‘‘BLACK AMERICANS has been good working with our distin- of bills on the Union Calendar. Obvi- IN CONGRESS, 1870–1989’’ guished colleague, the gentleman from ously, little business has been reported Mr. NEY. Mr. Speaker, I move to sus- Maryland (Mr. HOYER), the ranking to the House from its committees, pend the rules and agree to the concur- member of the committee. I know that

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4108 CONGRESSIONAL RECORD—HOUSE March 21, 2001 all the members of the committee feel last century, in the 1920s, that women and compelled to serve on a Confed- that this is an important document. I were given the full franchise in Amer- erate blockade runner, but he escaped think it is a good document also that ica. to Bermuda. Returning to South Caro- can be viewed by citizens across the It is appropriate that we recognize lina after the war, Rainey was elected country. It has been a pleasure to work inclusion. We are going to have today to the State senate, and later to com- with the gentleman from Maryland the passage of this resolution, to recog- plete an unexpired term in this body, (Mr. HOYER) on this. nize those of African American descent taking office in December of 1870. Mr. Speaker, I reserve the balance of who have served in this Congress and Rainey served five terms with distinc- my time. made an historical contribution to this tion and became the first Member of Mr. HOYER. Mr. Speaker, I yield my- country. Next week I expect us to bring African ancestry to preside over this self such time as I may consume. forward out of our committee another House. Mr. Speaker, obviously I rise in resolution which will recognize all of Since Senator Revels and Represent- strong support of this resolution. I was the women who have served in Con- ative Rainey took their oaths as Mem- delighted to introduce this legislation gress to the present date. bers of the 41st Congress, 104 additional just over 3 weeks ago in conjunction The second edition of this document, African Americans have trod the path with the chairman of our committee, which was published in 1990, contains they so courageously blazed. A total of the gentleman from Ohio (Mr. NEY), brief biographies, photographs, and 40 additional distinguished African who has been an example I think for all other historical information about Americans have served since publica- the Congress as to how to work in a bi- Senator Revels and the 65 other distin- tion of the 1990 edition, 32 of whom are partisan, productive, positive fashion; guished African Americans who had serving today. and I thank the gentleman for that. I served as of January 23, 1990. The vol- Mr. Speaker, one need only to look see some of the majority staff on the ume is a treasured resource in libraries around the House to see a new genera- floor as well. I want to thank them as across America. tion of African American leaders serv- well for the very cooperative way in It is through this document, Mr. ing the American people ably and which they are working with our mi- Speaker, that not only can young Afri- proudly. It is important, Mr. Speaker, nority staff to make sure that we do can Americans, but young people of all that we recognize their contribution our business in a very productive, posi- races, colors and creeds can be inspired and chronicle their service, not for tive way. I very much appreciate it. by the biographies it contains, so that them individually, not to aggrandize Mr. Speaker, this resolution author- irrespective of who they might be, they them or to expand their egos. It is to izes the printing, as the chairman has can aspire to be honored by their recognize the hallmark of America, di- said, of a revised edition of the House neighbors and constituents and serve versity and inclusion. It is our document last printed in the 101st Con- in the Congress of the United States. strength, and it is our promise to all gress, 11 years ago, entitled ‘‘Black This book explores not only the lives our people. Even more importantly, it Americans in Congress, 1870–1989.’’ I and careers of Members, but also pro- is crucial that we continually seek to thank my distinguished colleague from vides a window on the many obstacles inspire young people, as I said earlier, Ohio for facilitating and cosponsoring that have confronted African Ameri- all across America, that they can as- this resolution. His support has been cans as they made their way to the pire to public service, whatever the critical in bringing this resolution to halls of this Congress. For example, color of their skin and however humble the floor so quickly. Mr. Speaker, the biography of Senator their circumstances might have been. I also thank my 43 other distin- Revels reveals how, having been born Adopting this resolution is yet another guished cosponsors, including the gen- to free parents in 1827, he pursued a ca- way to do that. tlewoman from Texas (Ms. EDDIE BER- reer of religious work in several States, Mr. Speaker, the distinguished gen- NICE JOHNSON), the Chair of the Con- including my own State of Maryland. tlewoman from Texas (Ms. EDDIE BER- gressional Black Caucus, who hopefully Settling in Mississippi after the Civil NICE JOHNSON) has noted that the 1990 will be here in just a few minutes; the War, Revels won election to the State edition was dedicated to Representa- entire caucus membership; and the senate. After his colleagues sent him to tive Mickey Leland of Texas, a col- gentleman from Oklahoma (Mr. Washington to complete Jefferson league with whom I had the honor of WATTS), chairman of the House Repub- Davis’ term in the United States Sen- serving. lican Conference himself, and a distin- ate, an irony that I am sure is not lost b 1030 guished African American, who have on any of the readers of this biography, He perished in a plane crash in Au- cosponsored this legislation. some Senators bitterly opposed his gust 1989 while on a humanitarian mis- The first edition of Black Americans seating, arguing, among other things, sion in Africa. in Congress, Mr. Speaker, was pub- that he did not meet the 9-year citizen- The gentlewoman has suggested that lished in 1976 during our country’s bi- ship requirement, having just secured this next edition be dedicated to our centennial. This was just over a cen- full citizenship with the ratification of late colleague Julian Dixon who died tury after the first African American the 14th Amendment in 1868. just last December, shocking and sad- to serve in Congress, Hiram Revels of Think of that argument, Mr. Speak- dening us all after 22 years of service in Mississippi, was elected to the Senate. er. ‘‘We have prohibited you from being this House. It was my privilege to serve That election, of course, came after a a citizen. You are now free and a full with him for almost two decades. He great civil war was waged to ensure citizen because we have adopted a con- was a wonderful human being and a that African Americans not only were stitutional amendment, but you do not great Member of this body. I cannot considered to be full persons, but also qualify for membership in this body be- think of a more appropriate thing to would be considered among those in- cause, as a result of us not according do. cluded in the ringing phrase in the Dec- you full citizenship, you have not met Mr. Speaker, I know that the gen- laration of Independence that we hold the 9-year requirement.’’ tleman from Ohio (Mr. NEY) joins me these truths to be self-evident, that all Fortunately, however, the Senate re- in that sentiment. Mr. Speaker, I urge men, and we should have added, but jected those arguments and seated Mr. the House to support the motion. had not at that time, and women, are Revels on February 25, 1870, by a vote Mr. Speaker, I reserve the balance of created equal, and are endowed by of 48 to 8. my time. their Creator with certain unalienable The first African American Member Mr. NEY. Mr. Speaker, I yield myself rights, and among these are life, lib- of this House, Representative Joseph such time as I may consume. erty and the pursuit of happiness. We Rainey of South Carolina, was born the Mr. Speaker, I obviously would con- fought a great civil war to address the son of slave parents who managed to cur, and I have no objection to the vol- grievance of non-inclusion of those of buy their family’s freedom. When the ume being dedicated to our late col- African descent. It was not until the Civil War began, Rainey was drafted league from California, Julian Dixon,

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4109 in honor of the tremendous 22 years of 43 which authorizes the revised print- for supporting this resolution that will his life that he and his family give in ing of the House document entitled further document that history and distinguished service to this chamber ‘‘Black Americans in Congress.’’ progress. and to citizens across the country. I want to thank the gentleman from Mrs. CAPITO. Mr. Speaker, I reserve I think we all recognize that his con- Maryland for his foresight and leader- the balance of my time. tribution was absolutely tremendous, ship on this issue; and also the gen- Mr. HOYER. Mr. Speaker, I yield my- well respected, and we all miss not hav- tleman from Ohio (Mr. NEY), the chair- self such time as I may consume. ing Julian Dixon with us. I do agree man of the Committee on House Ad- Mr. Speaker, our next speaker is a with that. ministration. I know the gentleman member of the Committee on House Mr. Speaker, I ask unanimous con- from Ohio has many obligations which Administration who has served with sent that the gentlewoman of West Vir- touch and concern the efficient man- great distinction, a leader in one of the ginia (Mrs. CAPITO) control the remain- agement and operation of this institu- great cities of the world in which we der of my time. tion. I want to thank the gentleman articulated so compelling our belief The SPEAKER pro tempore (Mr. for including the important task of up- that all men were created equal. We did LATOURETTE). Without objection, the dating this book as a part of his mis- not live up to the reality of that state- time allocated to the gentleman from sion. ment, as compelling and profound as it Ohio (Mr. NEY) will be controlled by Mr. Speaker, I ask that if this resolu- was, because I think we did not realize the gentlewoman from West Virginia tion is approved, that the revised the full ramifications of what we said. (Mrs. CAPITO). version be dedicated to my friend and It took Martin Luther King and thou- There was no objection. colleague, Representative Julian sands of other courageous African Mrs. CAPITO. Mr. Speaker, I yield Dixon, who passed away 3 months ago. Americans to call our attention to the myself such time as I may consume. As we know since the original printing shortcomings between our actions and Mr. Speaker, the last version of this of this book, 40 new African-American our words. publication, the 1990 edition, contained Members of Congress have walked Mr. Speaker, I yield such time as he biographical information on 66 African through these hallowed halls. Many may consume to the gentleman from Americans who served in the House and Members who are here now were not Pennsylvania (Mr. FATTAH), who has Senate, from 1870 through 1990. The up- here when the book was first printed, been a great leader and a great sup- dating of this publication will allow including myself. porter on the Committee on House Ad- Members, scholars and the public ac- Mr. Speaker, our being here is not an ministration. cess to information on every African individual accomplishment, it is a tes- Mr. FATTAH. Mr. Speaker, let me American to ever serve in Congress, in- tament to a people. African Americans thank the gentleman from Maryland, cluding the 40 Members who have en- in this country have gone from chains the ranking member, and let me quick- tered the House and Senate after the to Congress, from auction block to ly state that I support this resolution. printing of the last edition of this Wall Street, from segregation to Sil- I think it is important. I am a Member book. icon Valley. African Americans have that has served in a number of capac- The first African-American Member been a moving and integral force in the ities, on the Committee on House Ad- of Congress, Hiram Rhodes Revels of history and development of this coun- ministration, the Committee on Stand- Mississippi, served in the Senate dur- try, and we will continue to press for- ards of Official Conduct, both commit- ing the 41st Congress. Since that time, ward. As members of the Congressional tees which really serve this institution; more than 100 other distinguished Afri- Black Caucus, our motto has always and I think all of us have a responsi- can-American legislators have served been ‘‘No permanent friends, no perma- bility to serve the institution and not in the Congress. It is appropriate that, nent enemies, just permanent issues.’’ just serve our own districts and our as we start the first Congress of this This motto encompasses our goal of own needs. new millennium, that we recognize the ensuring that every American can Part of that service is that this insti- service of African-American Members, enjoy the blessings of peace and pros- tution has to be respectful of its own and I urge my colleagues to support perity. It is not a utopian ideal or an history and it is important given the the passage of H. Con. Res. 43. insurmountable hurdle. It is the con- 13,000 or so individuals who have served Mr. Speaker, I reserve the balance of crete realization of Dr. Martin Luther in the House, and some number close to my time. King’s message when he said that we a hundred who have been African Mr. HOYER. Mr. Speaker, I yield 1 are trying to make America true to its Americans, I think it is important that minute to myself simply to introduce promise. this book document the life and work the next speaker. The individual stories in this book of African-American Members. It I indicated that we are passing this are a tribute to those who have worked should be updated. It would be impor- resolution today, and next week I ex- toward fulfilling America’s promise. tant for students all across the globe pect the House will pass a resolution Their struggles serve as a road map to who study the United States Congress sponsored by the gentlewoman from guide us forward in our struggle to- to read the stories of people like my Ohio (Ms. KAPTUR) and co-sponsored by gether as a people and as a Nation. predecessor, the Congressman from the every other woman Member of the Mr. Speaker, I thank the gentleman second district, William H. Gray, who House to recognize the contribution of from Maryland (Mr. HOYER) for spon- rose to be the highest ranking African women. soring this legislation once again, and American at that time to serve in the We have a distinguished African- say once again that it is important Congress; to learn about the gentleman American woman who now chairs the that young people of African-American from Oklahoma (Mr. WATTS) and his Congressional Black Caucus, an out- descent and even new immigrants must leadership in the majority party; to un- standing leader in the State Senate in understand that they are role models derstand the legacy of an Adam Clay- Texas for many years, and an out- and they can achieve, they can aspire. ton Powell who passed into law more standing leader in this House. She is The opportunities are possible, and measures which have an impact on tens not only a Texas leader, she is a na- with a documentation of this sort I feel of millions of Americans than any of us tional leader as well. that it will be a major part of libraries could talk about on a day on this floor, Mr. Speaker, I yield 5 minutes to the throughout this country so that there from Head Start to the minimum wage distinguished gentlewoman from Texas will be a bright future planned for, law. It would be helpful for people who (Ms. EDDIE BERNICE JOHNSON). worked for, thought about, and want to study this institution to know Ms. EDDIE BERNICE JOHNSON of achieved by those who feel perhaps now that there was a time in which African- Texas. Mr. Speaker, as chair of the that the opportunity simply is not American Members who served here Congressional Black Caucus, I am hon- there. They need to know their history, could not eat in the Member’s dining ored to urge the passage of H. Con. Res. and I thank my colleagues very much room, could not check into a hotel in

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4110 CONGRESSIONAL RECORD—HOUSE March 21, 2001 this city, and nonetheless came to this Jim Crow raised his head, George hancing the history of the contribution floor and worked on committees and White, the last African American, went of African Americans to the House and championed the causes of their dis- to the floor to say good-bye for his seat to this country. tricts and helped move this Nation to- no longer existed, but he indicated that Mr. Speaker, in closing, let me thank wards a more perfect Union. the Negro, like the Phoenix, would rise the gentlewoman from West Virginia Mr. Speaker, I want to thank my col- again. (Mrs. CAPITO) for her contribution to league for authoring this resolution to Mr. Speaker, it took some 30 years this debate and her participation in update and revise this historical docu- before Oscar De Priest came to this passing this resolution, and again to ment that is reflective of the life and House, and it had to be done with col- thank the gentleman from Ohio (Mr. legacy of so many who have served, and laboration with other Members, to be NEY), the chairman of the Committee moreover for the tens of millions of sure that he could be seated. on House Administration, and his staff people whom they have represented I would simply say, and I thank the for working so diligently to ensure the here in the halls of Congress. I urge all gentleman for the time, that that is a rapid passage of this resolution. of my colleagues to support the resolu- history that is rich and it is a history Mr. KIND. Mr. Speaker, I rise in support of tion. that is deep and should be told. And as the resolution brought by my good friend from Mrs. CAPITO. Mr. Speaker, I reserve we moved into the 1940s and 1950s, more Maryland. the balance of my time. African Americans came to the United Last year, Mr. HOYER and former Chairman Mr. HOYER. Mr. Speaker, I yield my- States Congress with their respective THOMAS helped move a bill of mine through self such time as I may consume. histories. I believe it is appropriate as their committee and onto the floor which au- Mr. Speaker, I have one additional we have grown, not for any self-en- thorized the preservation of veterans’ war speaker, the distinguished representa- hancement, but to be able to show the memories through an interactive archive at the tive from Texas who has the distinct world and not just America that we are Library of Congress. I was pleased that my honor of succeeding Barbara Jordan truly a democracy and this is the peo- colleagues here in the House, as well as and Mickey Leland in representing ple’s House. those in the Senate, approved the Veterans their district of Texas. Tragically in this century or at least Oral History Project unanimously. The bill was Barbara Jordan was one of the most in these last decades, we have had one signed into law last October; a fitting tribute to compelling and articulate voices on be- Senator and previously a Senator that the contributions and sacrifices of our war vet- half of the Constitution of the United served in the 1960s and 1970s and I be- erans. States and the principles that it set lieve early eighties, Senator Brooks, We are now here to authorize a measure to forth. and so we have not done as well in the acknowledge the special contributions of Mr. Speaker, I yield 2 minutes to the United States Senate, but I am grati- Members of our own body. Many of the Afri- gentlewoman from Texas (Ms. JACK- fied for this rendition that will pay can-American Representatives elected to this SON-LEE). tribute again to the Honorable Barbara House over the decades have been pioneers Ms. JACKSON-LEE of Texas. Mr. Jordan, who eloquently stated her be- in their own times, and updating the book that Speaker, I thank the distinguished gen- lief in this democracy during the im- recognizes this unique group of elected lead- tleman from Maryland and I thank the peachment hearings of 1974; and of ers is a wise and worthy investment on our members of the majority for assisting course eloquently acknowledged the part. in bringing this legislation to the floor deep love of this institution of Con- History must accurately reflect the efforts of and for the bipartisan aspect of this gressman Mickey Leland, who was the African-American leaders elected to national legislation. founder and organizer of the Select office, efforts which, at various times and loca- Mr. Speaker, I think that there are Committee on Hunger, and lost his life tions in this country, were heroic in the face of many things that the House can con- trying to serve those who were less for- both quiet and overt racism and bigotry. vene to do, and in many instances tunate than he. This bill will assist historians and students of there is vigorous debate because that is history to understand the who and what of Af- 1045 what democracy is all about. I am very b rican-Americans running and winning national proud to be able to stand today to add We now come forward and, hopefully, office, so that each American can reflect on support to the leadership of the gen- Julian Dixon, who we have lost, who the how and why. tleman from Maryland (Mr. HOYER) on will be honored and many, many others Again, I applaud my good friend from Mary- this legislation and many others, and already served with such distinction. land for this effort at preserving this body’s proud to be an original co-sponsor of This is an excellent contribution to the and this Nation’s valuable history. And I look legislation that brings dignity to the history of this great body. This brings forward to the updated copy of this valuable service of so many Americans. us closer together. book. After the Emancipation Proclama- Although we realize we differ on Mrs. CHRISTENSEN. Mr. Speaker, I am tion and reconstruction began, the best opinions on many issues, it is certainly honored today to rise in support of H. Con. and the brightest of the then-free a fine moment in this Congress, I say Res. 43, a bill authorizing the printing of a re- slaves rose up to be governors and Sen- to the gentleman from Maryland (Mr. vised and updated version of the House docu- ators and Members of Congress. It was HOYER), when we can come together to ment entitled ‘‘Black Americans in Congress, not an easy time for them and they celebrate or commemorate the very 1870–1989.’’ I would also like to thank my col- were not given in many instances the few African Americans that have league and friend, Congressman STENY appropriate recognition, but they served and expressed their love of this HOYER for introducing this very important and served in this august body, a body that country representing not only African critical measure. when you bring guests to walk through Americans and their respective dis- Mr. Speaker, with the convening of the the halls, they are in awe at the his- tricts but representing all of America. 107th Congress, a total of 106 African-Ameri- tory and respect of this institution. Mr. Speaker, I want to thank the au- cans have been elected to the Congress in Those African Americans who served thors of the legislation and commend the history of this nation; 4 in the Senate and during reconstruction were in many in- those who will eventually have the op- 102 in the House. In addition to these 106, stances described in ugly terms, and portunity to peruse and read this docu- John W. Menard (R–LA) won a disputed elec- yet they were lawyers and teachers and ment of history, a good reading and tion in 1868 but was not permitted to take his property owners in some instances. good history. seat in Congress. Whereas, the number of Af- And they served at the very best. It Mr. HOYER. Mr. Speaker, I yield my- rican-Americans who have served in Congress was then in 1901 that George White, an self such time as I may consume. over the past 130 years (1870–2001) has African American, a freed slave, went Mr. Speaker, I thank the gentle- been small, our contribution has been enor- to the floor of the House to be able to woman from Texas (Ms. JACKSON-LEE) mous and invaluable to our society. It is im- speak to his colleagues in a very dra- for her very cogent comments, for her portant to continue to preserve our contribu- matic but sad way. For at that time as contribution to this body, and to en- tions and legacies to this institution because

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00006 Fmt 0688 Sfmt 9920 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4111 although we have remained few in numbers, inner-city Chicago District. He was defeated in another 40 distinguished African Americans our presence and work continues to be heard 1934 by Arthur Mitchell, the first black Demo- have served. throughout the halls of Congress. Individually crat elected to Congress. On the heels of this past February’s national and collectively, under the direction of the In 1944, Adam Clayton Powell, Jr. was celebration of Black History Month, I encour- Congressional Black Caucus, our work has elected Congressman in Harlem, New York. age my colleagues to support this important and continues to affect individuals throughout For the first time since 1891 there was more resolution, which directs the Library of Con- the nation and the world. Our dear and be- than one black representative in the House. gress to revise and update this volume. It will loved colleague, Congressman Micky Leland In 1950, there was another breakthrough for be a tremendous resource for Members, was a great humanitarian, who championed black representation when Representative Wil- scholars, students and others. the cause to end hunger in Ethiopia. His life liam Dawson (R–Il) gained enough seniority to Mr. HOYER’S action on behalf of this meas- was tragically cut short in a plane crash in the become the first black to chair a standing ure is evidence of how far our nation has mountains of Ethiopia. The late Congressman committee, the Government Operations Com- come. When the Voting Rights Act was signed Julian Dixon who pursued his long-time in- mittee. into law by President Johnson in 1965, there volvement in ensuring the nation’s commit- In 1960, Powell became Chairman of the were five African Americans in Congress. ment to civil rights through his advocacy for more important Education and Labor Com- Today, there are nearly 40. the Equal Employment Opportunities Commis- mittee. We have come a long way, but our work is sion, the U.S. Commission on Civil Rights, Another breakthrough came in 1966 when not yet done. This past election has illustrated and the Community Relations Service. Former Edward W. Brooke was elected as a Repub- the need for us to reform our democracy. Representative Louis Stokes distinguished lican Senator from Massachusetts, a state Never again should we be forced to relive the himself as the leader and founder of the Con- whose population was less than 3 percent Af- civil rights battles fought so long ago. The gressional Black Caucus Health Braintrust, rican-American. Brooke served until his defeat events of the 2000 Presidential Election was a whose purpose is to address and eliminate in 1978. potent reminder of a legacy of disenfranchise- health disparities. Representative JOHN CON- African-American Women in Congress ment that we believed existed only in the an- YERS, who is the second longest serving Mem- In 1968, Shirley Chisolm (D–NY) became ber of Congress and the longest serving Afri- nals of our nation’s history. the first African-American woman to serve in can-American member of the Congress in The election of African Americans to Con- U.S. History, continues to work on behalf of the House. She served in the 91st through the gress was the result of the dedication of many social justice and economic opportunity. These 97th Congresses (1969–1983). Since that of those commemorated in the publication are just some of the historical contributions of time, 20 other African-American women have Black Americans in Congress. Revising and African-Americans to the U.S. Congress. been elected. updating this publication speaks symbolically Mr. Speaker, it is important that we continue In 1992, Carol Moseley Braun (D–IL) be- to the continued struggle not only to maintain to document the work and accomplishments of came the first African-American woman and the right to vote, but to ensure that all votes African-Americans in Congress by updating the first African-American Democrat to serve are counted once cast. the document entitled ‘‘Black Americans in in the Senate. Mr. CONYERS. Mr. Speaker, I rise today in Congress, 1870–1989.’’ This document con- Rep. Barbara Jordan (D–TX) became the support of H. Con. Res. 43, legislation to au- tains invaluable information for children across first African-American woman from the South thorize printing of a revised and updated the nation, especially children of African-Amer- to serve in Congress. version of the book ‘‘Black Americans in Con- ican descent. I encourage my colleagues to Party Affiliation gress, 1870–1989.’’ This volume is an impor- support this bipartisan measure. The majority of African-American Members tant chronicle of the history of the United Ms. KILPATRICK. Mr. Speaker, first I would have been Democrats. There have been 78 States Congress, and the diversity that has like to thank the University of Akron’s Political African-American Democrats and 27 African- made up this Congress for over one hundred Resources Page and the Congressional Re- American Republicans. African-American years. search Service both of whom were very help- members of Congress have served on all The printing of an updated version of ‘‘Black ful in helping me acquire this information. major committees. Sixteen have served as Americans in Congress’’ will serve as an edu- I. HISTORICAL BACKGROUND committee chairmen, 15 in the House and one cational and historical reference for all Ameri- African-Americans in Congress in the Senate. cans. We must never forget that there were Of the more than 11,000 representatives in II. CLOSING Black Members of this Congress in 1870, just U.S. Congress since 1789, there have been Mr. Speaker, the list of great African-Amer- five years after the end of slavery. We must 105 black Members of Congress. 101 elected ican leaders could go on and on. And it is not hesitate to teach our children that there to the House and four to the Senate. continually growing. were, at one time, Members of Congress who Most of these members entered the institu- Take a look around this very body and you had barely secured their own right to vote. As tion in two distinct waves. The first wave start- will see a new generation of African-American we continue to work towards the promise of ed during Reconstruction. The first black leaders who serve the American people. I em- our democratic system, it becomes even more Member of Congress was Hiram Rhodes Rev- phasize this point because the African-Amer- relevant to recognize those past Members of els (R–MS) who served in the Senate during ican struggle for rights has benefited all Ameri- Congress who struggle, in sometimes hostile the 41st Congress (1870). The first black cans. Whether they be poor, women, minority environments, to serve our country. Special Member of the House was Joseph H. Rainey or disabled, all Americans have benefited from thanks go to my good friend STENY HOYER (R–SC). He also served in the 41st Congress. our attempt to make our democracy account- and the Members of the Administration Com- A total of 22 blacks who were in Congress mittee who have shown such leadership on came from states with high black popu- able to all of its citizens. It is important that we recognize the contribution of African American this important issue. As a founding member lations—the former slave states of the South. and Dean of the Congressional Black Caucus, From 1870 to 1897 South Carolina elected Members of Congress and their service to the I encourage the House to pass this resolution. eight blacks to the House. American people. It’s important that we cap- Mississippi and Louisiana each elected one ture the rich lessons of their lives which will in- Mr. BACA. Mr. Speaker, I strongly support, black to the House. spire generations to come. and encourage my colleagues to support, the Between the Fifty-second and Fifty-sixth I have joined more than 40 of our col- authorization of a revised and updated printing Congresses (1891–1901) there was only one leagues in cosponsoring a concurrent, bipar- of the House Document ‘‘Black Americans in black member per session. tisan resolution for the printing of a revised Congress, 1870–1989’’. The achievement’s of Four former slave states—Arkansas, Ten- edition of the House document entitled, ‘‘Black African-Americans here in Congress is truly nessee, Texas, and West Virginia—never Americans in Congress, 1870–1989.’’ remarkable and should be accurately docu- elected any black representative during the The latest edition of this work, published in mented for history. Reconstruction era despite very sizable black 1990, contains brief biographies, photographs In total, 103 African-Americans have taken populations. and other important historical information their place in United States history as Con- Second Wave of Blacks in Congress about the 66 distinguished African Americans gressional leaders. Their constituents know The second wave began in 1928 with the who had served in either chamber of Con- that they have and will continue to work to en- election of Republican Oscar DePriest from an gress as of January 23, 1990. Since that time, sure that all citizens are represented equally

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00007 Fmt 0688 Sfmt 9920 E:\BR01\H21MR1.000 H21MR1 4112 CONGRESSIONAL RECORD—HOUSE March 21, 2001 and fairly. African-American Members of Con- Mrs. CAPITO. Mr. Speaker, on that I (16) Section 2367(c) of title 10, United gress continually strive to make sure that no demand the yeas and nays. States Code. one is left behind in this great nation. The yeas and nays were ordered. (17) Section 303(c)(7) of the Federal Prop- The Congressional Black Caucus has an il- The SPEAKER pro tempore. Pursu- erty and Administrative Services Act of 1949 (41 U.S.C. 253(c)(7)). lustrious history, which includes efforts such ant to clause 8 of rule XX and the (18) Section 102(e)(7) of the Global Change as civil rights demonstrations and boycotts, a Chair’s prior announcement, further Research Act of 1990 (15 U.S.C. 2932(e)(7)). successful campaign for enactment of the proceedings on this motion will be (19) Section 5(b)(1)(C) and (D) of the Earth- Martin Luther King, Jr. national holiday, sanc- postponed. quake Hazards Reduction Act of 1977 (42 tions against apartheid in South Africa, and f U.S.C. 7704(b)(1)(C) and (D)). support for democracy in Haiti. In particular, I (20) Section 11(e)(6) of the Stevenson- GENERAL LEAVE want to thank the members of the Black Cau- Wydler Technology Innovation Act of 1980 (15 cus who have repeatedly visited my district, Mrs. CAPITO. Mr. Speaker, I ask U.S.C. 3710(e)(6)). (21) Section 2304(c)(7) of title 10, United namely MAXINE WATERS, SHEILA JACKSON-LEE, unanimous consent that all Members may have 5 legislative days within States Code, but only to the extent of its ap- JOHN CONYERS, JUANITA MILLENDER-MCDON- plication to the National Aeronautics and ALD, former Rep. Alan Wheat, former Rep. which to revise and extend their re- Space Administration. Mervyn Dymally, former Rep. Ron Dellums, marks and include extraneous material (22) Section 4(j)(1) of the National Science the late former Rep. Augustus Hawkins, and on H. Con. Res. 43. Foundation Act of 1950 (42 U.S.C. 1863(j)(1)). the late Julian Dixon. These members have The SPEAKER pro tempore. Is there (23) Section 36(e) of the Science and Engi- helped encourage African-American political objection to the request of the gentle- neering Equal Opportunities Act (42 U.S.C. activism in the Inland Empire. woman from West Virginia? 1885c(e)). There was no objection. (24) Section 37 of the Science and Engineer- More importantly, African-American Con- ing Equal Opportunities Act (42 U.S.C. 1885d). gressmen and women are role models for f (25) Section 108 of the National Science youth who can better identify with people who PREVENTING ELIMINATION OF Foundation Authorization Act for Fiscal look and think as they do. Representative Bar- CERTAIN REPORTS Year 1986 (42 U.S.C. 1886). bara Jordan embodies this. She represented (26) Section 101(a)(3) of the High-Perform- Houston, Texas and articulated with skill and Mr. GRUCCI. Mr. Speaker, I move to ance Computing Act of 1991 (15 U.S.C. knowledge the needs of not only African- suspend the rules and pass the bill 5511(a)(3)). Americans but also other minority commu- (H.R. 1042) to prevent the elimination (27) Section 3(a)(7) and (f) of the National Science Foundation Act of 1950 (42 U.S.C. nities. Among her legislative achievements of certain reports, as amended. The Clerk read as follows: 1862(a)(7) and (f)). was an amendment to the Voting Rights Act, (28) Section 7(a) of the National Science H.R. 1042 which provided for the printing of bilingual bal- Foundation Authorization Act, 1977 (42 lots. Be it enacted by the Senate and House of Rep- U.S.C. 1873 note). Oscar DePriest was the first Black Con- resentatives of the United States of America in (29) Section 16 of the Federal Fire Preven- gressman in the twentieth century. When he Congress assembled, tion and Control Act of 1974 (15 U.S.C. 2215). took his seat, he was the only Black member SECTION 1. REPORTS. The SPEAKER pro tempore. Pursu- Section 3003(a)(1) of the Federal Reports in the chamber. Adam Clayton Powell, a mag- ant to the rule, the gentleman from nificent orator, was both a Congressman and Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any report re- New York (Mr. GRUCCI) and the gentle- a Pastor. He understood the needs of Blacks quired to be submitted under any of the fol- woman from Texas (Ms. JACKSON-LEE) in his district because he spoke to them and lowing provisions of law: each will control 20 minutes. more importantly, listened to them every week. (1) Section 801(b) and (c) of the Department The Chair recognizes the gentleman He served 11 terms in Congress and was of Energy Organization Act (42 U.S.C. 7321(b) from New York (Mr. GRUCCI). chair of the influential Education and Labor and (c)). GENERAL LEAVE Committee. New York’s Shirley Chisolm was (2) Section 822(b) of the National Defense Mr. GRUCCI. Mr. Speaker, I ask the first female elected to Congress and Authorization Act for Fiscal Years 1992 and 1993 (42 U.S.C. 6687). unanimous consent that all Members fought fervently for the Title I program that (3) Section 7(a) of the Marine Resources may have 5 legislative days within benefited disadvantaged children throughout and Engineering Development Act of 1966 (33 which to revise and extend their re- the country. This is a very abbreviated list of U.S.C. 1106(a)). marks and insert extraneous material accomplished public servants who gave their (4) Section 206 of the National Aeronautics on H.R. 1042, as amended. time and talent for the benefit of all Ameri- and Space Act of 1958 (42 U.S.C. 2476). cans. (5) Section 404 of the Communications Sat- The SPEAKER pro tempore. Is there The working legacy of these remarkable 103 ellite Act of 1962 (47 U.S.C. 744). objection to the request of the gen- African-Americans must be preserved. We (6) Section 205(a)(1) of the National Critical tleman from New York? must recognize their service as well as the Materials Act of 1984 (30 U.S.C. 1804(a)(1)). There was no objection. (7) Section 17(c)(2) of the Stevenson-Wydler service of the current African-American Mem- Mr. GRUCCI. Mr. Speaker, I yield Technology Innovation Act of 1980 (15 U.S.C. myself such time as I may consume. bers of Congress. They continue the struggle 3711a(c)(2)). for freedom, equality, and full-representation (8) Section 10(h) of the National Institute Mr. Speaker, last year, the Federal for all as guaranteed by our Constitution. We of Standards and Technology Act (15 U.S.C. Reports Elimination and Sunset Act of must honor their struggle. That is why I sup- 278(h)). 1995 went into effect, eliminating all port, and I ask my colleagues to support, the (9) Section 212(f)(3) of the National Insti- reports to Congress contained in House updating of this important house document. tute of Standards and Technology Authoriza- Document 103–7. The law was intended Mr. HOYER. Mr. Speaker, I yield tion Act for Fiscal Year 1989 (15 U.S.C. to alleviate the amount of paperwork back the balance of my time. 3704b(f)(3)). agencies are required to produce. (10) Section 11(g)(2) of the Stevenson- However, included in the hundreds of Mrs. CAPITO. Mr. Speaker, I yield Wydler Technology Innovation Act of 1980 (15 back the balance of my time. U.S.C. 3710(g)(2)). reports eliminated, the Committee on The SPEAKER pro tempore (Mr. (11) Section 5(d)(9) of the National Climate Science identified 29 contained in H.R. LATOURETTE). The question is on the Program Act (15 U.S.C. 2904(d)(9)). 1042 that are relevant to its oversight motion offered by the gentleman from (12) Section 7 of the National Climate Pro- responsibilities. Included in these are Ohio (Mr. NEY) that the House suspend gram Act (15 U.S.C. 2906). the National Science Foundation’s the rules and agree to the concurrent (13) Section 703 of the Weather Service Science Indicators; a biennial report resolution, H. Con. Res 43. Modernization Act (15 U.S.C. 313 note). from the President on activities of all The question was taken. (14) Section 118(d)(2) of the Federal Water agencies in the field of marine science; Pollution Control Act (33 U.S.C. 1268(d)(2)). The SPEAKER pro tempore. In the (15) Section 304(d) of the Federal Aviation an annual report on the National Tech- opinion of the Chair, two-thirds of Administration Research, Engineering, and nology Information Service and its ac- those present have voted in the affirm- Development Authorization Act of 1992 (49 tivities; updates to the National Earth- ative. U.S.C. 47508 note). quake Hazards Reductions Program;

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4113 and an annual report on the applica- areas covered by the Committee on Mr. Speaker, I yield back the balance tion of new technologies to reduce air- Science. These range from the National of my time. craft noise levels. Energy Policy Plan, which obviously at The SPEAKER pro tempore. The These and other reports in H.R. 1042 this juncture in our history is enor- question is on the motion offered by will continue to provide constructive mously important, and I serve on the the gentleman from New York (Mr. evaluation tools for the committee and Subcommittee on Energy, and we will GRUCCI) that the House suspend the the agencies producing them. be intensely reviewing how we can en- rules and pass the bill, H.R. 1042, as In the 106th Congress, the House hance the utilization of our limited re- amended. passed H.R. 3904 under suspension and sources, create alternative resources The question was taken. by voice vote. Unfortunately, the Sen- for energy and, in general, help Amer- The SPEAKER pro tempore. In the ate ran out of time after the bill was ica continue to be successful in having opinion of the Chair, two-thirds of cleared for passage and failed to be en- the right energy resources, to the An- those present have voted in the affirm- acted into law. Less one report, H.R. nual Report on Aeronautics and Space ative. 1042 is identical to H.R. 3904 passed last Activities, to the Annual Report of the Mr. GRUCCI. Mr. Speaker, on that I year. It is a noncontroversial legisla- National Science Board. Other reports demand the yeas and nays. tion, and I urge its passage. let Congress know how the administra- The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of tion is doing in such high-priority ant to clause 8 of rule XX and the my time. areas as women and minorities in Ms. JACKSON-LEE of Texas. Mr. Chair’s prior announcement, further science and technology, high perform- Speaker, I yield myself such time as I proceedings on this motion will be ance computing, placement of minori- may consume. postponed. ties, women and handicapped individ- Mr. Speaker, I rise to support the f Committee on Science bill H.R. 1042, a uals at the National Science Founda- bill to prevent the elimination of cer- tion, and global warming. MARITIME POLICY IMPROVEMENT tain government reports. Other reports deal with satellites, ACT OF 2001 Mr. Speaker, the task of the Com- with critical technologies, with earth- Mr. LOBIONDO. Mr. Speaker, I move mittee on Science and obligation is to quakes and with technology transfer. to suspend the rules and pass the bill oversee a number of technical and sci- Mr. Speaker, this information is too (H.R. 1098) to improve the recording entific aspects of our government’s important not to be made public. We, and discharging of maritime liens and business. In order to do so, we are en- therefore, support this legislation; and expand the American Merchant Marine hanced or helped by the important re- I would ask my colleagues to support Memorial Wall of Honor, and for other ports that we have been receiving over the passage of H.R. 1042. purposes. the years. Mr. Speaker, I yield back the balance The Clerk read as follows: This legislation helps to correct an of my time. H.R. 1098 error that eliminated the reporting of Mr. GRUCCI. Mr. Speaker, I include Be it enacted by the Senate and House of Rep- or providing of such reports. I am rep- the following letter from the gen- resentatives of the United States of America in resenting the interests of the entire tleman from Utah (Mr. HANSEN), chair- Congress assembled, Congress as I speak, but especially the man of the Committee on Resources, SECTION 1. SHORT TITLE. interests of the Committee on Science. for the RECORD: This Act may be cited as the ‘‘Maritime This bill, should it pass both Houses HOUSE OF REPRESENTATIVES, Policy Improvement Act of 2001’’. and be signed into law, would stop the COMMITTEE ON RESOURCES, SEC. 2. TABLE OF CONTENTS. elimination of valuable reports that Washington, DC, March 20, 2001. The table of contents for this Act is as fol- are produced by agencies at the direct Hon. SHERWOOD L. BOEHLERT, lows: request of Congress throughout the en- Chairman, Committee on Science, Rayburn Sec. 1. Short title. Sec. 2. Table of contents. tire Federal Government. HOB, Washington, DC. DEAR MR. CHAIRMAN: I have just reviewed Sec. 3. Vessel COASTAL VENTURE. Briefly, the situation is that H.R. the text of H.R. 1042, to prevent the elimi- Sec. 4. Expansion of American Merchant 1042 was designed to address, began nation of certain reports, which is scheduled Marine Memorial Wall of with the signing into law of the Fed- to be considered by the House of Representa- Honor. eral Reports Elimination Sunset Act of tives this Wednesday under suspension of the Sec. 5. Discharge of agricultural cargo res- 1995. This legislation was one of the ac- rules. This bill was referred exclusively to idue. Sec. 6. Recording and discharging maritime tions taken in the first year after the the Committee on Science. One of the reports to Congress proposed to be restored is liens. Republicans took over that now ap- Sec. 7. Tonnage of R/V DAVIDSON. pears to be excessive. found in section 7(a) of the Marine Resources Sec. 8. Miscellaneous certificates of docu- This bill eliminated every report list- and Engineering Development Act of 1966. mentation. Based on recent referrals of bills, the Com- Sec. 9. Exemption for Victory Ships. ed in a document reports to be made to mittee on Resources has primary jurisdic- Congress in the 103rd Congress, which Sec. 10. Certificate of documentation for 3 tion of the National Sea Grant College Pro- barges. was virtually every statutorily re- gram which is part of the Marine Resources Sec. 11. Certificate of documentation for the quired report to Congress. Some re- and Engineering Development Act of 1966. EAGLE. porting requirements were arguably The Committee on Science has received se- Sec. 12. Waiver for vessels in New World obsolete, but these reports contained quential referrals of bills which reauthorize Challenge Race. much of the information that the exec- appropriations for the Sea Grant program. Sec. 13. Vessel ASPHALT COMMANDER. utive branch supplies to Congress, See H.R. 437 (105th Congress) and H.R. 1175 SEC. 3. VESSEL COASTAL VENTURE. (104th Congress). ranging from the annual budget docu- Section 1120(g) of the Coast Guard Author- The Committee on Resources supports the ization Act of 1996 (Public Law 104–324; 110 ments to reports on the functioning of restoration of this report to Congress and Stat. 3978) is amended by inserting ‘‘COAST- specific government programs. thanks Congressman Grucci for including it AL VENTURE (United States official num- These reports go to the heart of exec- in his bill. We have no objection to the con- ber 971086),’’ after ‘‘vessels’’. utive branch accountability and Con- sideration of H.R. 1042 on the Floor this week SEC. 4. EXPANSION OF AMERICAN MERCHANT gress oversight responsibilities. It is but ask that this letter be included as part of MARINE MEMORIAL WALL OF hard to fathom how Congress could do the debate to register our jurisdictional in- HONOR. its job of reviewing executive branch terest. (a) FINDINGS.—The Congress finds that— activities and making intelligent and Thank you for your leadership in ensuring (1) the United States Merchant Marine has that Congress has adequate information on served the people of the United States in all legislative decisions without current the programs it supports and I look forward wars since 1775; detailed information on many of those to working with you in the coming months (2) the United States Merchant Marine subjects. on legislation of mutual interest. served as the Nation’s first navy and de- H.R. 1042 prevents the elimination of Sincerely, feated the British Navy to help gain the Na- 29 reports within the jurisdictional JAMES V. HANSEN. tion’s independence;

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4114 CONGRESSIONAL RECORD—HOUSE March 21, 2001 (3) the United States Merchant Marine if, when the notice is presented to the Sec- documentation for a vessel solely on the kept the lifeline of freedom open to the allies retary for recording, the person having the basis that a notice of a claim of a lien on the of the United States during the Second claim files with the notice a declaration vessel has been recorded under section World War, making one of the most signifi- stating the following: 31343(a) of this title. cant contributions made by any nation to ‘‘(A) The information in the notice is true ‘‘(2) The Secretary may condition approval the victory of the allies in that war; and correct to the best of the knowledge, in- of the surrender of the certificate of docu- (4) President Franklin D. Roosevelt and formation, and belief of the individual who mentation for a vessel over 1,000 gross many military leaders praised the role of the signed it. tons.’’. United States Merchant Marine as the ‘‘(B) A copy of the notice, as presented for (d) TECHNICAL CORRECTION.—Section 9(c) of ‘‘Fourth Arm of Defense’’ during the Second recordation, has been sent to each of the fol- the Shipping Act, 1916 (46 U.S.C. App. 808(c)) World War; lowing: is amended in the matter preceding para- (5) more than 250,000 men and women ‘‘(i) The owner of the vessel. graph (1) by striking ‘‘Except’’ and all that served in the United States Merchant Marine ‘‘(ii) Each person that recorded under sec- follows ‘‘12106(e) of title 46,’’ and inserting during the Second World War; tion 31343(a) of this title an unexpired notice ‘‘Except as provided in section 611 of the (6) during the Second World War, members of a claim of an undischarged lien on the ves- Merchant Marine Act, 1936 (46 App. U.S.C. 1181) and in sections 12106(e) and of the United States Merchant Marine faced sel. 31322(a)(1)(D) of title 46,’’. dangers from the elements and from sub- ‘‘(iii) The mortgagee of each mortgage marines, mines, armed raiders, destroyers, (e) EFFECTIVE DATE.—This section shall filed or recorded under section 31321 of this take effect July 1, 2002. aircraft, and ‘‘kamikaze’’ pilots; title that is an undischarged mortgage on SEC. 7. TONNAGE OF R/V DAVIDSON. (7) during the Second World War, at least the vessel. 6,830 members of the United States Merchant ‘‘(2) A declaration under this subsection (a) IN GENERAL.—The Secretary of Trans- Marine were killed at sea; filed by a person that is not an individual portation shall prescribe a tonnage measure- (8) during the Second World War, 11,000 must be signed by the president, member, ment as a small passenger vessel as defined members of the United States Merchant Ma- partner, trustee, or other official authorized in section 2101 of title 46, United States rine were wounded, at least 1,100 of whom to execute the declaration on behalf of the Code, for the vessel R/V DAVIDSON (United later died from their wounds; person.’’. States official number D1066485) for purposes of applying the optional regulatory measure- (9) during the Second World War, 604 mem- (D) By amending subsection (c) to read as ment under section 14305 of that title. bers of the United States Merchant Marine follows: (b) APPLICATION.—Subsection (a) shall were taken prisoner; ‘‘(c)(1) On full and final discharge of the in- apply only when the vessel is operating in (10) 1 in 32 members of the United States debtedness that is the basis for a notice of compliance with the requirements of section Merchant Marine serving in the Second claim of lien recorded under subsection (b) of 3301(8) of title 46, United States Code. World War died in the line of duty, suffering this section, the person having the claim a higher percentage of war-related deaths shall provide the Secretary with an acknowl- SEC. 8. MISCELLANEOUS CERTIFICATES OF DOC- UMENTATION. than any of the other armed services of the edged certificate of discharge of the indebt- Notwithstanding section 27 of the Mer- United States; and edness. The Secretary shall record the cer- chant Marine Act, 1920 (46 U.S.C. App. 883), (11) the United States Merchant Marine tificate. section 8 of the Act of June 19, 1886 (24 Stat. continues to serve the United States, pro- ‘‘(2) The district courts of the United 81, chapter 421; 46 U.S.C. App. 289), and sec- moting freedom and meeting the high ideals States shall have jurisdiction over a civil actions 12106 and 12108 of title 46, United States of its former members. tion to declare that a vessel is not subject to Code, the Secretary of Transportation may (b) GRANTS TO CONSTRUCT ADDITION TO a lien claimed under subsection (b) of this issue a certificate of documentation with ap- AMERICAN MERCHANT MARINE MEMORIAL section, or that the vessel is not subject to propriate endorsement for employment in WALL OF HONOR.— the notice of claim of lien, or both, regard- the coastwise trade for the following vessels: (1) IN GENERAL.—The Secretary of Trans- less of the amount in controversy or the citi- portation may make grants to the American zenship of the parties. Venue in such an ac- (1) LOOKING GLASS (United States offi- Merchant Marine Veterans Memorial Com- tion shall be in the district where the vessel cial number 925735). mittee, Inc., to construct an addition to the is found, or where the claimant resides, or (2) YANKEE (United States official number American Merchant Marine Memorial Wall where the notice of claim of lien is recorded. 1076210). of Honor located at the Los Angeles Mari- The court may award costs and attorneys (3) LUCKY DOG of St. Petersburg, Florida time Museum in San Pedro, California. fees to the prevailing party, unless the court (State of Florida registration number (2) FEDERAL SHARE.—The Federal share of finds that the position of the other party was FLZP7569E373). the cost of activities carried out with a substantially justified or other cir- (4) ENTERPRIZE (United States official grant made under this section shall be 50 cumstances make an award of costs and at- number 1077571). percent. torneys fees unjust.’’. (5) M/V SANDPIPER (United States offi- (3) AUTHORIZATION OF APPROPRIATIONS.— (E) By adding at the end the following: cial number 1079439). There is authorized to be appropriated to ‘‘(e) A notice of claim of lien recorded (6) FRITHA (United States official number carry out this section $500,000 for fiscal year under subsection (b) of this section shall ex- 1085943). 2002. pire 3 years after the date specified in the (7) PUFFIN (United States official number SEC. 5. DISCHARGE OF AGRICULTURAL CARGO notice under subsection (b) of this section. 697029). RESIDUE. ‘‘(f) This section does not alter in any re- (8) VICTORY OF BURNHAM (United Notwithstanding any other provision of spect the law pertaining to the establish- States official number 663780). law, the discharge from a vessel of any agri- ment of a maritime lien, the remedy pro- (9) R’ADVENTURE II (United States offi- cultural cargo residue material in the form vided by such a lien, or the defenses thereto, cial number 905373). of hold washings shall be governed exclu- including any defense under the doctrine of (10) ANTJA (State of Florida registration sively by the provisions of the Act to Pre- laches.’’. number FL3475MA). vent Pollution from Ships (33 U.S.C. 1901 et (2) CLERICAL AMENDMENT.—The table of (11) SKIMMER, manufactured by Contour seq.) that implement Annex V to the Inter- sections at the beginning of chapter 313 of Yachts, Inc. (hull identification number national Convention for the Prevention of title 46, United States Code, is amended by QHG34031D001). Pollution from Ships. striking the item relating to section 31343 (12) TOKEENA (State of South Carolina SEC. 6. RECORDING AND DISCHARGING MARI- and inserting the following: registration number SC 1602 BJ). TIME LIENS. ‘‘31343. Recording and discharging liens.’’. (13) DOUBLE EAGLE2 (United States offi- (a) LIENS ON ANY DOCUMENTED VESSEL.— (b) NOTICE REQUIREMENTS.—Section 31325 of cial number 1042549). (1) IN GENERAL.—Section 31343 of title 46, title 46, United States Code, is amended as (14) ENCOUNTER (United States official United States Code, is amended as follows: follows: number 998174). (A) By amending the section heading to (1) In subsection (d)(1)(B) by striking ‘‘a (15) AJ (United States official number read as follows: notice of a claim’’ and inserting ‘‘an unex- 599164). ‘‘§ 31343. Recording and discharging liens’’. pired notice of a claim’’. (16) BARGE 10 (United States official num- (B) In subsection (a) by striking ‘‘covered (2) In subsection (f)(1) by striking ‘‘a notice ber 1101368). by a preferred mortgage filed or recorded of a claim’’ and inserting ‘‘an unexpired no- (17) NOT A SHOT (United States official under this chapter’’ and inserting ‘‘docu- tice of a claim’’. number 911064). mented, or for which an application for docu- (c) APPROVAL OF SURRENDER OF DOCU- (18) PRIDE OF MANY (Canadian official mentation has been filed, under chapter 121’’. MENTATION.—Section 12111 of title 46, United number 811529). (C) By amending subsection (b) to read as States Code, is amended by adding at the end (19) AMAZING GRACE (United States offi- follows: the following: cial number 92769). ‘‘(b)(1) The Secretary shall record a notice ‘‘(d)(1) The Secretary shall not refuse to (20) SHEWHO (United States official num- complying with subsection (a) of this section approve the surrender of the certificate of ber 1104094).

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4115 SEC. 9. EXEMPTION FOR VICTORY SHIPS. the vessel ASPHALT COMMANDER (United of Honor to honor those in the U.S. Section 3302(l)(1) of title 46, United States States official number 663105) may be trans- merchant marine who served the Code, is amended by adding at the end the ferred to or placed under a foreign registry United States in every conflict begin- following: or sold to a person that is not a citizen of the ning with the Revolutionary War. ‘‘(D) The steamship SS Red Oak Victory United States and transferred to or placed (United States official number 249410), owned under a foreign registry. It allows the Coast Guard to prescribe vessel safety operating stand- by the Richmond Museum Association, lo- The SPEAKER pro tempore. Pursu- ards for World War II victory ships cated in Richmond, California.’’. ant to the rule, the gentleman from ‘‘(E) The SS American Victory (United that operate around San Francisco and New Jersey (Mr. LOBIONDO) and the States official number 248005), owned by Vic- Tampa. tory Ship, Inc., of Tampa, Florida.’’. gentleman from Massachusetts (Mr. Mr. Speaker, passage of this bill will SEC. 10. CERTIFICATE OF DOCUMENTATION FOR MCGOVERN) each will control 20 min- clear the slate for the committee of 3 BARGES. utes. last year’s issues related to Coast (a) DOCUMENTATION CERTIFICATE.—Notwith- The Chair recognizes the gentleman Guard and maritime policy. Then we standing section 12106 of title 46, United from New Jersey (Mr. LOBIONDO). can begin to look at the problems cur- States Code, and section 27 of the Merchant Mr. LOBIONDO. Mr. Speaker, I yield Marine Act, 1920 (46 App. U.S.C. 883), and sub- myself such time as I may consume. rently facing the Coast Guard and the ject to subsection (c) of this section, the Sec- Mr. Speaker, I rise in strong support U.S. maritime industry to help them in retary of Transportation may issue a certifi- of the Maritime Policy Improvement the years ahead. cate of documentation with an appropriate Mr. Speaker, I urge my colleagues to endorsement for employment in the coast- Act of 2001. The provisions in this bill were developed during the conference strongly support the passage of H.R. wise trade for each of the vessels listed in 1098, the Maritime Policy Improvement subsection (b). negotiations on the Coast Guard Au- Act of 2001. (b) VESSELS DESCRIBED.—The vessels re- thorization Act of 2000 but were not en- ferred to in subsection (a) are the following: acted because of unrelated matters. Mr. Speaker, I yield back the balance (1) The former Navy deck barge JIM, hav- We are aware of no controversy sur- of my time. ing a length of 110 feet and a width of 34 feet. rounding this bill and hope that the Mr. LOBIONDO. Mr. Speaker, I yield (2) The former railroad car barge HUGH, Senate will send it to the President for 2 minutes to the gentleman from Cali- having a length of 185 feet and a width of 34 his signature as soon as possible. fornia (Mr. HORN). feet. Mr. HORN. Mr. Speaker, I rise today (3) The former railroad car barge TOMMY, The bill contains provisions to authorize an expansion of the American in support of H.R. 1098, the Maritime having a length of 185 feet and a width of 34 Policy Improvement Act of 2001. feet. Merchant Marine Memorial Wall of I am particularly pleased that sec- (c) LIMITATION ON OPERATION.—A vessel Honor, to establish a new method for issued a certificate of documentation under recording and discharging certain mar- tion 4 of this legislation incorporates a this section may be used only as a floating itime liens, and to provide limited re- bill that I introduced from the 106th platform for launching fireworks, including lief to certain vessel owners. Congress. This section authorizes the transportation of materials associated with Secretary of Transportation to make that use. Mr. Speaker, these men who braved enemy fire in all of our conflicts should grants to the American Merchant Ma- SEC. 11. CERTIFICATE OF DOCUMENTATION FOR be remembered for their actions to de- rine Veterans Memorial Committee to THE EAGLE. construct an addition to the American Notwithstanding section 27 of the Mer- fend freedom and keep the supply lines chant Marine Act, 1920 (46 U.S.C. App. 883), open. Their sacrifices and battle should Merchant Marine Memorial Wall of chapter 121 of title 46, United States Code, not be forgotten by a Nation that they Honor in San Pedro, California. and section 1 of the Act of May 28, 1906 (46 served too well. Since 1775, the maritime community U.S.C. App. 292), the Secretary of Transpor- Mr. Speaker, I am pleased to be a has played a critical role in gaining tation shall issue a certificate of documenta- part of this effort, and I urge all Mem- and preserving American freedom. The tion with appropriate endorsement for em- merchant marine served as our first ployment in the coastwise trade for the ves- bers to support this bill Mr. Speaker, I reserve the balance of navy and defeated the British navy in sel EAGLE (hull number BK—1754, United our fight for independence. We owe States official number 1091389) if the vessel my time. is— Mr. MCGOVERN. Mr. Speaker, I yield much to the brave mariners past and (1) owned by a State, a political subdivi- myself such time as I may consume. present who have served in the mer- sion of a State, or a public authority char- Mr. Speaker, I rise today in strong chant marine. tered by a State; support of H.R. 1098, the Maritime Pol- The American Merchant Marine Me- (2) if chartered, chartered to a State, a po- icy Improvement Act of 2001. Mr. morial Wall of Honor located in San litical subdivision of a State, or a public au- Speaker, this is a noncontroversial bill Pedro, California, is a symbol of the thority chartered by a State; that includes those maritime policy debt we owe those who have served so (3) operated only in conjunction with— bravely. (A) scour jet operations; or provisions that had been agreed to last (B) dredging services adjacent to facilities year by the conferees on the Coast Many of my colleagues will remem- owned by the State, political subdivision, or Guard Authorization Act of 2000. ber how the merchant marine secured public authority; and However, Mr. Speaker, as was men- its place in American history during (4) externally identified clearly as a vessel tioned, that bill was not reported from the Second World War. During that of that State, subdivision or authority. conference due to failure to agree to a conflict, the 250,000 men and women in SEC. 12. WAIVER FOR VESSELS IN NEW WORLD Senate amendment concerning the the U.S. merchant marine fleet made CHALLENGE RACE. types of damages that could be award- enormous contributions to the even- Notwithstanding section 8 of the Act of tual winning of the war, keeping the June 19, 1886 (46 App. U.S.C. 289), beginning ed for negligent deaths of passengers on April 1, 2002, the 10 sailboats participating on board cruise ships. That provision is lifeline of freedom open to our troops in the New World Challenge Race may trans- not included in this bill being consid- overseas and to our allies. This fleet port guests, who have not contributed con- ered today. was truly the fourth arm of defense, as sideration for their passage, from and around H.R. 1098 will allow for the recording it was called by President Franklin D. the ports of San Francisco and San Diego, of maritime liens on all U.S. flag ves- Roosevelt and other military leaders. California, before and during stops of that sels, not just those with preferred The members of the U.S. merchant race. This section shall have no force or ef- mortgages recorded with the Sec- marine faced danger from submarines, fect beginning on the earlier of— retary. mines, armed raiders, destroyers, air- (1) 60 days after the last competing sail- craft kamikazes and the elements. At boat reaches the end of that race in San It would clarify that the discharge of Francisco, California; or agricultural residues from cargo tanks least 6,800 mariners were killed at sea. (2) December 31, 2003. in international waters is to be regu- More than 11,000 were wounded at sea. SEC. 13. VESSEL ASPHALT COMMANDER. lated under MARPOL Annex V. Of those injured, at least 1,100 later Notwithstanding any other law or agree- It would provide for the construction died from their wounds. More than 600 ment with the United States Government, of an American Merchant Marine Wall men and women were taken prisoner by

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4116 CONGRESSIONAL RECORD—HOUSE March 21, 2001 our enemies. In fact, 1 in 32 mariners SECTION 1. SHORT TITLE. States Code, is amended by striking the item serving abroad merchant ships in the This Act may be cited as the ‘‘Coast Guard relating to section 511 and inserting the fol- Second World War died in the line of Personnel and Maritime Safety Act of 2001’’. lowing: duty, suffering a greater percentage of SEC. 2. TABLE OF CONTENTS. ‘‘511. Compensatory absence from duty for war-related deaths than all other U.S. The table of contents for this Act is as fol- military personnel at isolated lows: duty stations.’’. services. SEC. 103. ACCELERATED PROMOTION OF CER- Since that time, the U.S. merchant Sec. 1. Short title. Sec. 2. Table of contents. TAIN COAST GUARD OFFICERS. marine has continued to serve our Na- TITLE I—PERSONNEL MANAGEMENT Title 14, United States Code, is amended— tion, promoting freedom and meeting (1) in section 259, by adding at the end a the high ideals of its past members. It Sec. 101. Coast Guard band director rank. new subsection (c) to read as follows: Sec. 102. Compensatory absence for isolated ‘‘(c)(1) After selecting the officers to be is fitting to honor the past and present duty. members of the United States mer- recommended for promotion, a selection Sec. 103. Accelerated promotion of certain board may recommend officers of particular chant marine. That is why I introduced Coast Guard officers. merit, from among those officers chosen for the legislation. TITLE II—MARINE SAFETY promotion, to be placed at the top of the list I am delighted at the chairman and Sec. 201. Extension of Territorial Sea for of selectees promulgated by the Secretary his very fine number of people that sit Vessel Bridge-to-Bridge Radio- under section 271(a) of this title. The number on that subcommittee that he heads, telephone Act. of officers that a board may recommend to and I am very grateful for his honoring Sec. 202. Preservation of certain reporting be placed at the top of the list of selectees that. requirements. may not exceed the percentages set forth in subsection (b) unless such a percentage is a I thank Chairman YOUNG, Chairman Sec. 203. Oil Spill Liability Trust Fund; emergency fund borrowing au- number less than one, in which case the LOBIONDO, and ranking member OBERSTAR. thority. board may recommend one officer for such The relatives of those who served their coun- Sec. 204. Merchant mariner documentation placement. No officer may be recommended try as men and women merchant mariners will requirements. to be placed at the top of the list of selectees deeply be appreciated. So will I and all citi- Sec. 205. Penalties for negligent operations unless he or she receives the recommenda- zens and people generally. and interfering with safe oper- tion of at least a majority of the members of Mr. LOBIONDO. Mr. Speaker, I yield ation. a board composed of five members, or at back the balance of my time. TITLE III—RENEWAL OF ADVISORY least two-thirds of the members of a board GROUPS composed of more than five members. The SPEAKER pro tempore. The ‘‘(2) The Secretary shall conduct a survey question is on the motion offered by Sec. 301. Commercial Fishing Industry Ves- of the Coast Guard officer corps to determine the gentleman from New Jersey (Mr. sel Advisory Committee. if implementation of this subsection will im- LOBIONDO) that the House suspend the Sec. 302. Houston-Galveston Navigation prove Coast Guard officer retention. A selec- rules and pass the bill, H.R. 1098. Safety Advisory Committee. tion board may not make any recommenda- The question was taken. Sec. 303. Lower Mississippi River Waterway tion under this subsection before the date on The SPEAKER pro tempore. In the Advisory Committee. which the Secretary publishes a finding, Sec. 304. Navigation Safety Advisory Coun- based upon the results of the survey, that opinion of the Chair, two-thirds of cil. those present have voted in the affirm- implementation of this subsection will im- Sec. 305. National boating safety advisory prove Coast Guard officer retention. ative. council. ‘‘(3) The Secretary shall submit any find- Mr. LOBIONDO. Mr. Speaker, on that Sec. 306. Towing Safety Advisory Com- ing made by the Secretary pursuant to para- I demand the yeas and nays. mittee. graph (2) to the Committee on Transpor- The yeas and nays were ordered. TITLE IV—MISCELLANEOUS tation and Infrastructure of the House of The SPEAKER pro tempore. Pursu- Sec. 401. Patrol craft. Representatives and the Committee on Com- ant to clause 8 of rule XX and the Sec. 402. Clarification of Coast Guard au- merce, Science, and Transportation of the Chair’s prior announcement, further thority to control vessels in Senate.’’; proceedings on this motion will be territorial waters of the United (2) in section 260(a), by inserting ‘‘and the postponed. States. names of those officers recommended to be Sec. 403. Caribbean support tender. advanced to the top of the list of selectees f Sec. 404. Prohibition of new maritime user established by the Secretary under section GENERAL LEAVE fees. 271(a) of this title’’ after ‘‘promotion’’; and Sec. 405. Great Lakes lighthouses. (3) in section 271(a), by inserting at the end Mr. LOBIONDO. Mr. Speaker, I ask Sec. 406. Coast Guard report on implementa- thereof the following: ‘‘The names of all offi- unanimous consent that all Members tion of NTSB recommenda- cers approved by the President and rec- may have 5 legislative days within tions. ommended by the board to be placed at the which to revise and extend their re- Sec. 407. Conveyance of Coast Guard prop- top of the list of selectees shall be placed at marks on H.R. 1098. erty in Portland, Maine. the top of the list of selectees in the order of The SPEAKER pro tempore. Is there Sec. 408. Harbor safety committees. seniority on the active duty promotion objection to the request of the gen- Sec. 409. Miscellaneous conveyances. list.’’. Sec. 410. Partnerships for performance of TITLE II—MARINE SAFETY tleman from New Jersey? work at Coast Guard Yard. There was no objection. SEC. 201. EXTENSION OF TERRITORIAL SEA FOR Sec. 411. Boating safety. VESSEL BRIDGE-TO-BRIDGE RADIO- f TITLE I—PERSONNEL MANAGEMENT TELEPHONE ACT. b 1100 SEC. 101. COAST GUARD BAND DIRECTOR RANK. Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1203(b)), is COAST GUARD PERSONNEL AND Section 336(d) of title 14, United States Code, is amended by striking ‘‘commander’’ amended by striking ‘‘United States inside MARITIME SAFETY ACT OF 2001 and inserting ‘‘captain’’. the lines established pursuant to section 2 of the Act of February 19, 1895 (28 Stat. 672), as Mr. LOBIONDO. Mr. Speaker, I move SEC. 102. COMPENSATORY ABSENCE FOR ISO- LATED DUTY. amended.’’ and inserting ‘‘United States, to suspend the rules and pass the bill which includes all waters of the territorial (a) IN GENERAL.—Section 511 of title 14, (H.R. 1099) to make changes in laws sea of the United States as described in Pres- United States Code, is amended to read as governing Coast Guard personnel, in- idential Proclamation 5928 of December 27, follows: crease marine safety, renew certain 1988.’’. groups that advise the Coast Guard on ‘‘§ 511. Compensatory absence from duty for SEC. 202. PRESERVATION OF CERTAIN REPORT- safety issues, make miscellaneous im- military personnel at isolated duty stations ING REQUIREMENTS. provements to Coast Guard operations ‘‘The Secretary may grant compensatory Section 3003(a)(1) of the Federal Reports absence from duty to military personnel of Elimination and Sunset Act of 1995 (31 U.S.C. and policies, and for other purposes. the Coast Guard serving at isolated duty sta- 1113 note) does not apply to any report re- The Clerk read as follows: tions of the Coast Guard when conditions of quired to be submitted under any of the fol- H. R. 1099 duty result in confinement because of isola- lowing provisions of law: Be it enacted by the Senate and House of Rep- tion or in long periods of continuous duty.’’. (1) COAST GUARD OPERATIONS AND EXPENDI- resentatives of the United States of America in (b) CLERICAL AMENDMENT.—The chapter TURES.—Section 651 of title 14, United States Congress assembled, analysis for chapter 13 of title 14, United Code.

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(2) SUMMARY OF MARINE CASUALTIES RE- inserting ‘‘$5,000 in the case of a recreational sea of the United States shall notify the Sec- PORTED DURING PRIOR FISCAL YEAR.—Section vessel, or $25,000 in the case of any other ves- retary not later than 24 hours before that 6307(c) of title 46, United States Code. sel.’’. entry and provide the following information (3) USER FEE ACTIVITIES AND AMOUNTS.— TITLE III—RENEWAL OF ADVISORY regarding the vessel: Section 664 of title 46, United States Code. GROUPS ‘‘(1) The name of the vessel. (4) CONDITIONS OF PUBLIC PORTS OF THE ‘‘(2) The route and port or place of destina- SEC. 301. COMMERCIAL FISHING INDUSTRY VES- UNITED STATES.—Section 308(c) of title 49, SEL ADVISORY COMMITTEE. tion in the United States. United States Code. (a) COMMERCIAL FISHING INDUSTRY VESSEL ‘‘(3) The time of entry into the territorial (5) ACTIVITIES OF FEDERAL MARITIME COM- ADVISORY COMMITTEE.—Section 4508 of title sea. MISSION.—Section 208 of the Merchant Ma- 46, United States Code, is amended— ‘‘(4) Any information requested by the Sec- rine Act, 1936 (46 App. U.S.C. 1118). (1) by inserting ‘‘Safety’’ in the heading retary to demonstrate compliance with ap- (6) ACTIVITIES OF INTERAGENCY COORDI- after ‘‘Vessel’’; plicable international agreements to which NATING COMMITTEE ON OIL POLLUTION RE- (2) by inserting ‘‘Safety’’ in subsection (a) the United States is a party. SEARCH.—Section 7001(e) of the Oil Pollution after ‘‘Vessel’’; ‘‘(5) If the vessel is carrying dangerous Act of 1990 (33 U.S.C. 2761(e)). (3) by striking ‘‘(5 U.S.C. App. 1 et seq.)’’ in cargo, a description of that cargo. SEC. 203. OIL SPILL LIABILITY TRUST FUND; subsection (e)(1)(I) and inserting ‘‘(5 U.S.C. ‘‘(6) A description of any hazardous condi- EMERGENCY FUND BORROWING AU- App.)’’; and tions on the vessel. THORITY. (4) by striking ‘‘of September 30, 2000’’ and ‘‘(7) Any other information requested by Section 6002(b) of the Oil Pollution Act of inserting ‘‘on September 30, 2005’’. the Secretary. 1990 (33 U.S.C. 2752(b)) is amended after the ‘‘(b) DENIAL OF ENTRY.—The Secretary may (b) CONFORMING AMENDMENT.—The chapter first sentence by inserting ‘‘To the extent analysis for chapter 45 of title 46, United deny entry of a vessel into the territorial sea that such amount is not adequate for re- States Code, is amended by striking the item of the United States if— moval of a discharge or the mitigation or relating to section 4508 and inserting the fol- ‘‘(1) the Secretary has not received notifi- prevention of a substantial threat of a dis- lowing: cation for the vessel in accordance with sub- charge, the Coast Guard may borrow from section (a); or the Fund such sums as may be necessary, up ‘‘4508. Commercial Fishing Industry Vessel ‘‘(2) the vessel is not in compliance with to a maximum of $100,000,000, and within 30 Safety Advisory Committee.’’. any other applicable law relating to marine days shall notify Congress of the amount SEC. 302. HOUSTON-GALVESTON NAVIGATION safety, security, or environmental protec- borrowed and the facts and circumstances SAFETY ADVISORY COMMITTEE. tion. necessitating the loan. Amounts borrowed Section 18(h) of the Coast Guard Author- ‘‘(c) DIRECTION OF VESSEL.—The Secretary shall be repaid to the Fund when, and to the ization Act of 1991 (Public Law 102–241) is may direct the operation of any vessel in the extent that removal costs are recovered by amended by striking ‘‘September 30, 2000.’’ navigable waters of the United States as nec- the Coast Guard from responsible parties for and inserting ‘‘September 30, 2005.’’. essary during hazardous circumstances, in- the discharge or substantial threat of dis- SEC. 303. LOWER MISSISSIPPI RIVER WATERWAY cluding the absence of a pilot required by charge.’’. ADVISORY COMMITTEE. State or Federal law, weather, casualty, ves- SEC. 204. MERCHANT MARINER DOCUMENTATION Section 19 of the Coast Guard Authoriza- sel traffic, or the poor condition of the ves- REQUIREMENTS. tion Act of 1991 (Public Law 102–241) is sel. (a) INTERIM MERCHANT MARINERS’ DOCU- amended by striking ‘‘September 30, 2000’’ in ‘‘(d) IMPLEMENTATION.—The Secretary shall MENTS.—Section 7302 of title 46, United subsection (g) and inserting ‘‘September 30, implement this section consistent with sec- States Code, is amended— 2005’’. tion 4(d).’’. (1) by striking ‘‘A’’ in subsection (f) and in- SEC. 304. NAVIGATION SAFETY ADVISORY COUN- SEC. 403. CARIBBEAN SUPPORT TENDER. serting ‘‘Except as provided in subsection CIL. The Coast Guard is authorized to operate (g), a’’; and Section 5 of the Inland Navigational Rules and maintain a Caribbean Support Tender (2) by adding at the end the following: Act of 1980 (33 U.S.C. 2073) is amended by (or similar type vessel) to provide technical ‘‘(g)(1) The Secretary may, pending receipt striking ‘‘September 30, 2000’’ in subsection assistance, including law enforcement train- and review of information required under (d) and inserting ‘‘September 30, 2005’’. ing, for foreign coast guards, navies, and subsections (c) and (d), immediately issue an SEC. 305. NATIONAL BOATING SAFETY ADVISORY other maritime services. interim merchant mariner’s document valid COUNCIL. for a period not to exceed 120 days, to— SEC. 404. PROHIBITION OF NEW MARITIME USER Section 13110 of title 46, United States FEES. ‘‘(A) an individual to be employed as gam- Code, is amended by striking ‘‘September 30, Section 2110(k) of title 46, United States ing personnel, entertainment personnel, wait 2000’’ in subsection (e) and inserting ‘‘Sep- Code, is amended by striking ‘‘2001’’ and in- staff, or other service personnel on board a tember 30, 2005’’. serting ‘‘2006’’. passenger vessel not engaged in foreign serv- SEC. 306. TOWING SAFETY ADVISORY COM- SEC. 405. GREAT LAKES LIGHTHOUSES. ice, with no duties, including emergency du- MITTEE. ties, related to the navigation of the vessel (a) FINDINGS.—The Congress finds the fol- The Act entitled ‘‘An Act to Establish a lowing: or the safety of the vessel, its crew, cargo or Towing Safety Advisory Committee in the passengers; or (1) The Great Lakes are home to more than Department of Transportation’’ (33 U.S.C. 400 lighthouses. 120 of these maritime land- ‘‘(B) an individual seeking renewal of, or 1231a) is amended by striking ‘‘September 30, qualifying for a supplemental endorsement marks are in the State of Michigan. 2000.’’ in subsection (e) and inserting ‘‘Sep- (2) Lighthouses are an important part of to, a valid merchant mariner’s document tember 30, 2005.’’. issued under this section. Great Lakes culture and stand as a testa- ‘‘(2) No more than one interim document TITLE IV—MISCELLANEOUS ment to the importance of shipping in the re- may be issued to an individual under para- SEC. 401. PATROL CRAFT. gion’s political, economic, and social his- graph (1)(A) of this subsection.’’. Notwithstanding any other provision of tory. (b) EXCEPTION.—Section 8701(a) of title 46, law, the Secretary of Transportation may (3) Advances in navigation technology have United States Code, is amended— accept, by direct transfer without cost, for made many Great Lakes lighthouses obso- (1) by striking ‘‘and’’ after the semicolon use by the Coast Guard primarily for ex- lete. In Michigan alone, approximately 70 in paragraph (8); panded drug interdiction activities required lighthouses will be designated as excess (2) by redesignating paragraph (9) as para- to meet national supply reduction perform- property of the Federal Government and will graph (10); and ance goals, up to 7 PC–170 patrol craft from be transferred to the General Services Ad- (3) by inserting after paragraph (8) the fol- the Department of Defense if it offers to ministration for disposal. lowing: transfer such craft. (4) Unfortunately, the Federal property disposal process is confusing, complicated, ‘‘(9) a passenger vessel not engaged in a SEC. 402. CLARIFICATION OF COAST GUARD AU- foreign voyage with respect to individuals on THORITY TO CONTROL VESSELS IN and not well-suited to disposal of historic board employed for a period of not more than TERRITORIAL WATERS OF THE lighthouses or to facilitate transfers to non- 30 service days within a 12 month period as UNITED STATES. profit organizations. This is especially trou- entertainment personnel, with no duties, in- The Ports and Waterways Safety Act (33 bling because, in many cases, local nonprofit cluding emergency duties, related to the U.S.C. 1221 et seq.) is amended by adding at historical organizations have dedicated tre- navigation of the vessel or the safety of the the end the following: mendous resources to preserving and main- vessel, its crew, cargo or passengers; and’’. ‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL taining Great Lakes lighthouses. SEC. 205. PENALTIES FOR NEGLIGENT OPER- SEA; DIRECTION OF VESSELS BY (5) If Great Lakes lighthouses disappear, ATIONS AND INTERFERING WITH COAST GUARD. the public will be unaware of an important SAFE OPERATION. ‘‘(a) NOTIFICATION OF COAST GUARD.—Under chapter in Great Lakes history. Section 2302(a) of title 46, United States regulations prescribed by the Secretary, a (6) The National Trust for Historic Preser- Code, is amended by striking ‘‘$1,000.’’ and commercial vessel entering the territorial vation has placed Michigan lighthouses on

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4118 CONGRESSIONAL RECORD—HOUSE March 21, 2001 their list of Most Endangered Historic States for a term of 30 years without pay- the date of conveyance. The agreement to Places. ment of consideration. The lease agreement improve the leased premises shall be exe- (b) ASSISTANCE FOR GREAT LAKES LIGHT- shall be executed within 12 months after the cuted within 12 months after the date of en- HOUSE PRESERVATION EFFORTS.—The Sec- date of enactment of this Act. actment of this Act. retary of Transportation, acting through the (2) IDENTIFICATION OF LEASED PREMISES.— (2) FURTHER IMPROVEMENTS.—In addition to Coast Guard, shall— The Secretary, in consultation with the the improvements described in paragraph (1), (1) continue to offer advice and technical Commandant, may identify and describe the the Commandant is authorized to further im- assistance to organizations in the Great leased premises and rights of access, includ- prove the leased premises during the lease Lakes region that are dedicated to lighting the following, in order to allow the Coast term, at the United States sole cost and ex- house stewardship; and Guard to operate and perform missions from pense. (2) promptly release information regarding and upon the leased premises: (d) UTILITY INSTALLATION AND MAINTE- the timing of designations of Coast Guard (A) The right of ingress and egress over the NANCE OBLIGATIONS.— lighthouses on the Great Lakes as excess to Naval Reserve Pier property, including the (1) UTILITIES.—The Naval Reserve Pier the needs of the Coast Guard, to enable those pier and bulkhead, at any time, without no- property shall not be conveyed until the Cor- organizations to mobilize and be prepared to tice, for purposes of access to Coast Guard poration enters into an agreement with the take appropriate action with respect to the vessels and performance of Coast Guard mis- United States to allow the United States to disposal of those properties. sions and other mission-related activities. operate and maintain existing utility lines SEC. 406. COAST GUARD REPORT ON IMPLEMEN- (B) The right to berth Coast Guard cutters and related equipment, at the United States TATION OF NTSB RECOMMENDA- or other vessels as required, in the moorings sole cost and expense. At such time as the TIONS. along the east side of the Naval Reserve Pier Corporation constructs its proposed public The Commandant of the Coast Guard shall property, and the right to attach floating aquarium, the Corporation shall replace ex- submit a written report to the Committee on docks which shall be owned and maintained isting utility lines and related equipment Transportation and Infrastructure of the at the United States’ sole cost and expense. and provide additional utility lines and House of Representatives and the Committee (C) The right to operate, maintain, remove, equipment capable of supporting a third 110- on Commerce, Science, and Transportation relocate, or replace an aid to navigation lo- foot Coast Guard cutter, with comparable, of the Senate within 90 days after the date of cated upon, or to install any aid to naviga- new, code compliant utility lines and equip- enactment of this Act on what actions the tion upon, the Naval Reserve Pier property ment at the Corporation’s sole cost and ex- Coast Guard has taken to implement the rec- as the Coast Guard, in its sole discretion, pense, maintain such utility lines and re- ommendations of the National Transpor- may determine is needed for navigational lated equipment from an agreed upon demar- tation Safety Board in its Report No. MAR– purposes. cation point, and make such utility lines and 99–01. The report— (D) The right to occupy up to 3,000 gross equipment available for use by the United (1) shall describe in detail, by geographic square feet at the Naval Reserve Pier prop- States, provided that the United States pays region— erty for storage and office space, which will for its use of utilities at its sole cost and ex- (A) what steps the Coast Guard is taking to be provided and constructed by the Corpora- pense. The agreement concerning the oper- fill gaps in its communications coverage; tion, at the Corporation’s sole cost and ex- ation and maintenance of utility lines and (B) what progress the Coast Guard has pense, and which will be maintained, and equipment shall be executed within 12 made in installing direction-finding systems; utilities and other operating expenses paid months after the date of enactment of this and for, by the United States at its sole cost and Act. (C) what progress the Coast Guard has expense. (2) MAINTENANCE.—The Naval Reserve Pier made toward completing its national distress (E) The right to occupy up to 1,200 gross property shall not be conveyed until the Cor- and response system modernization project; square feet of offsite storage in a location poration enters into an agreement with the and other than the Naval Reserve Pier property, United States to maintain, at the Corpora- (2) include an assessment of the safety ben- which will be provided by the Corporation at tion’s sole cost and expense, the bulkhead efits that might reasonably be expected to the Corporation’s sole cost and expense, and and pier on the east side of the Naval Re- result from increased or accelerated funding which will be maintained, and utilities and serve Pier property. The agreement con- for— other operating expenses paid for, by the cerning the maintenance of the bulkhead and (A) measures described in paragraph (1)(A); United States at its sole cost and expense. pier shall be executed within 12 months after and (F) The right for Coast Guard personnel to the date of enactment of this Act. (B) the national distress and response sys- park up to 60 vehicles, at no expense to the (3) AIDS TO NAVIGATION.—The United States tem modernization project. government, in the Corporation’s parking shall be required to maintain, at its sole cost SEC. 407. CONVEYANCE OF COAST GUARD PROP- spaces on the Naval Reserve Pier property or and expense, any Coast Guard active aid to ERTY IN PORTLAND, MAINE. in parking spaces that the Corporation may navigation located upon the Naval Reserve (a) AUTHORITY TO CONVEY.— secure within 1,000 feet of the Naval Reserve Pier property. (1) IN GENERAL.—The Secretary of Trans- Pier property or within 1,000 feet of the (e) ADDITIONAL RIGHTS.—The conveyance of portation, or a designee of the Secretary, Coast Guard Marine Safety Office Portland. the Naval Reserve Pier property shall be may convey to the Gulf of Maine Aquarium Spaces for no less than 30 vehicles shall be made subject to conditions the Secretary Development Corporation, its successors and located on the Naval Reserve Pier property. considers necessary to ensure that— assigns, without payment for consideration, (3) RENEWAL.—The lease described in para- (1) the Corporation shall not interfere or all right, title, and interest of the United graph (1) may be renewed, at the sole option allow interference, in any manner, with use States in and to approximately 4.13 acres of of the United States, for additional lease of the leased premises by the United States; land, including a pier and bulkhead, known terms. and as the Naval Reserve Pier property, together (4) LIMITATION ON SUBLEASES.—The United (2) the Corporation shall not interfere or with any improvements thereon in their States may not sublease the leased premises allow interference, in any manner, with any then current condition, located in Portland, to a third party or use the leased premises aid to navigation nor hinder activities re- Maine. All conditions placed with the deed of for purposes other than fulfilling the mis- quired for the operation and maintenance of title shall be construed as covenants running sions of the Coast Guard and for other mis- any aid to navigation, without the express with the land. sion related activities. written permission of the head of the agency (2) IDENTIFICATION OF PROPERTY.—The Sec- (5) TERMINATION.—In the event that the responsible for operating and maintaining retary, in consultation with the Com- Coast Guard ceases to use the leased prem- the aid to navigation. mandant of the Coast Guard, may identify, ises, the Secretary, in consultation with the (f) REMEDIES AND REVERSIONARY INTER- describe, and determine the property to be Commandant, may terminate the lease with EST.—The Naval Reserve Pier property, at conveyed under this section. The floating the Corporation. the option of the Secretary, shall revert to docks associated with or attached to the (c) IMPROVEMENT OF LEASED PREMISES.— the United States and be placed under the Naval Reserve Pier property shall remain (1) IN GENERAL.—The Naval Reserve Pier administrative control of the Secretary, if, the personal property of the United States. property shall not be conveyed until the Cor- and only if, the Corporation fails to abide by (b) LEASE TO THE UNITED STATES.— poration enters into an agreement with the any of the terms of this section or any agree- (1) CONDITION OF CONVEYANCE.—The Naval United States, subject to the Commandant’s ment entered into under subsection (b), (c), Reserve Pier property shall not be conveyed design specifications, project’s schedule, and or (d) of this section. until the Corporation enters into a lease final project approval, to replace the bulk- (g) LIABILITY OF THE PARTIES.—The liabil- agreement with the United States, the terms head and pier which connects to, and pro- ity of the United States and the Corporation of which are mutually satisfactory to the vides access from, the bulkhead to the float- for any injury, death, or damage to or loss of Commandant and the Corporation, in which ing docks, at the Corporation’s sole cost and property occurring on the leased property the Corporation shall lease a portion of the expense, on the east side of the Naval Re- shall be determined with reference to exist- Naval Reserve Pier property to the United serve Pier property within 30 months from ing State or Federal law, as appropriate, and

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4119 any such liability may not be modified or en- and organizations, environmental groups, (D) the United States shall have the right, larged by this Act or any agreement of the and public interest groups. at any time, to enter the property without parties. SEC. 409. MISCELLANEOUS CONVEYANCES. notice for the purpose of operating, main- (h) EXPIRATION OF AUTHORITY TO CONVEY.— (a) AUTHORITY TO CONVEY.— taining and inspecting aids to navigation, The authority to convey the Naval Reserve (1) IN GENERAL.—The Secretary of Trans- and for the purpose of enforcing compliance property under this section shall expire 3 portation may convey, by an appropriate with this subsection; and years after the date of enactment of this means of conveyance, all right, title, and in- (E) the United States shall have an ease- Act. terest of the United States in and to each of ment of access to and across the property for (i) DEFINITIONS.—In this section: the following properties: the purpose of maintaining the aids to navi- (1) AID TO NAVIGATION.—The term ‘‘aid to (A) Coast Guard Slip Point Light Station, gation in use on the property. navigation’’ means equipment used for navi- located in Clallam County, Washington, to (4) MAINTENANCE OF PROPERTY.—(A) Sub- gational purposes, including but not limited Clallam County, Washington. ject to subparagraph (B), the owner of a to, a light, antenna, sound signal, electronic (B) The parcel of land on which is situated property conveyed under this section shall navigation equipment, cameras, sensors the Point Pin˜ os Light, located in Monterey maintain the property in a proper, substan- power source, or other related equipment County, California, to the city of Pacific tial, and workmanlike manner, and in ac- which are operated or maintained by the Grove, California. cordance with any conditions established by United States. (2) IDENTIFICATION OF PROPERTY.—The Sec- the conveying authority pursuant to the Na- (2) CORPORATION.—The term ‘‘Corporation’’ retary may identify, describe, and determine tional Historic Preservation Act (16 U.S.C. means the Gulf of Maine Aquarium Develop- the property to be conveyed under this sub- 470 et seq.), and other applicable laws. ment Corporation, its successors and assigns. section. (B) The owner of a property conveyed SEC. 408. HARBOR SAFETY COMMITTEES. (3) LIMITATION.—The Secretary may not under this section is not required to main- (a) STUDY.—The Coast Guard shall study under this section convey— tain any active aid to navigation equipment existing harbor safety committees in the (A) any historical artifact, including any on the property, except private aids to navi- United States to identify— lens or lantern, located on the property at or gation permitted under section 83 of title 14, (1) strategies for gaining successful co- before the time of the conveyance; or United States Code. operation among the various groups having (B) any interest in submerged land. (c) SPECIAL TERMS AND CONDITIONS.—The an interest in the local port or waterway; (b) GENERAL TERMS AND CONDITIONS.— Secretary may retain all right, title, and in- (2) organizational models that can be ap- (1) IN GENERAL.—Each conveyance of prop- terest of the United States in and to any por- plied to new or existing harbor safety com- erty under this section shall be made— tion of any parcel referred to in subsection mittees or to prototype harbor safety com- (A) without payment of consideration; and (a)(1)(B) that the Secretary considers appro- mittees established under subsection (b); (B) subject to the terms and conditions re- priate. (3) technological assistance that will help quired by this section and other terms and (d) DEFINITIONS.—In this section: harbor safety committees overcome local conditions the Secretary may consider ap- (1) AIDS TO NAVIGATION.—The term ‘‘aids to impediments to safety, mobility, environ- propriate, including the reservation of ease- navigation’’ means equipment used for navi- mental protection, and port security; and ments and other rights on behalf of the gation purposes, including a light, antenna, (4) recurring resources necessary to ensure United States. radio, sound signal, electronic navigation equipment, or other associated equipment the success of harbor safety committees. (2) REVERSIONARY INTEREST.—In addition to which are operated or maintained by the (b) PROTOTYPE COMMITTEES.—The Coast any term or condition established under this Guard shall test the feasibility of expanding section, each conveyance of property under United States. the harbor safety committee concept to this section shall be subject to the condition (2) COMMANDANT.—The term ‘‘Com- small and medium-sized ports that are not that all right, title, and interest in the prop- mandant’’ means the Commandant of the generally served by a harbor safety com- erty shall immediately revert to the United Coast Guard. mittee by establishing 1 or more prototype States, if— (3) OWNER.—The term ‘‘owner’’ means, for harbor safety committees. In selecting a lo- (A) the property, or any part of the prop- a property conveyed under this section, the cation or locations for the establishment of erty— person identified in subsection (a)(1) of the a prototype harbor safety committee, the (i) ceases to be available and accessible to property, and includes any successor or as- Coast Guard shall— the public, on a reasonable basis, for edu- sign of that person. (1) consider the results of the study con- cational, park, recreational, cultural, his- (4) SECRETARY.—The term ‘‘Secretary’’ ducted under subsection (a); toric preservation, or other similar purposes means the Secretary of Transportation. (2) consider identified safety issues for a specified for the property in the terms of SEC. 410. PARTNERSHIPS FOR PERFORMANCE OF particular port; conveyance; WORK AT COAST GUARD YARD. (a) AUTHORITY.—The Commandant of the (3) compare the potential benefits of estab- (ii) ceases to be maintained in a manner Coast Guard may enter into agreements and lishing such a committee with the burdens that is consistent with its present or future other arrangements with public and private the establishment of such a committee use as a site for Coast Guard aids to naviga- foreign and domestic entities, to establish tion or compliance with this Act; or would impose on participating agencies and partnerships for the performance of work at (iii) ceases to be maintained in a manner organizations; the Coast Guard Yard, located in Baltimore, consistent with the conditions in paragraph (4) consider the anticipated level of sup- Maryland. port from interested parties; and (4) established by the Secretary pursuant to (b) RECEIPT OF FUNDS, CONTRIBUTIONS, AND (5) take into account such other factors as the National Historic Preservation Act (16 USE OF FACILITIES.— may be appropriate. U.S.C. 470 et seq.); or (1) IN GENERAL.—The Coast Guard may, (c) EFFECT ON EXISTING PROGRAMS AND (B) at least 30 days before that reversion, under partnerships under this section, re- STATE LAW.—Nothing in this section— the Secretary provides written notice to the ceive funds, contributions of materials and (1) limits the scope or activities of harbor owner that the property is needed for na- services, and use of non-Coast Guard facili- safety committees in existence on the date tional security purposes. ties. of enactment of this Act; (3) MAINTENANCE OF NAVIGATION FUNC- (2) TREATMENT OF FUNDS RECEIVED.—Funds (2) precludes the establishment of new har- TIONS.—Each conveyance of property under received by the Coast Guard under this sub- bor safety committees in locations not se- this section shall be made subject to the con- section shall be deposited into the Coast lected for the establishment of a prototype ditions that the Secretary considers to be Guard Yard Revolving Fund. committee under subsection (b); or necessary to assure that— (c) 5-YEAR BUSINESS PLAN.—The Secretary (3) preempts State law. (A) the lights, antennas, and associated of Transportation shall, within 6 months (d) NONAPPLICATION OF FACA.—The Fed- equipment located on the property conveyed, after the date of the enactment of this Act, eral Advisory Committee Act (5 U.S.C. App.) which are active aids to navigation, shall submit to the Congress a 5-year business does not apply to harbor safety committees continue to be operated and maintained by plan for the most efficient utilization of the established under this section or any other the United States for as long as they are Coast Guard Yard. provision of law. needed for this purpose; SEC. 411. BOATING SAFETY. (e) HARBOR SAFETY COMMITTEE DEFINED.— (B) the owner of the property may not (a) FEDERAL FUNDING.—Section 4(b)(3) of In this section, the term ‘‘harbor safety com- interfere or allow interference in any man- the Act of August 9, 1950 (16 U.S.C. 777c(b)(3)) mittee’’ means a local coordinating body— ner with aids to navigation without express is amended by striking ‘‘$82,000,000’’ and in- (1) whose responsibilities include recom- written permission from the Commandant; serting ‘‘$83,000,000’’. mending actions to improve the safety of a (C) there is reserved to the United States (b) STATE FUNDING.—Section 13102(a)(3) of port or waterway; and the right to relocate, replace, or add any aid title 46, United States Code, is amended by (2) the membership of which includes rep- to navigation or make any changes to the striking ‘‘general State revenue’’ and insert- resentatives of government agencies, mari- property conveyed as may be necessary for ing ‘‘State funds, including amounts ex- time labor, maritime industry companies navigational purposes; pended for the State’s recreational boating

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4120 CONGRESSIONAL RECORD—HOUSE March 21, 2001 safety program by a State agency, a public Mr. Speaker, I rise today in strong make sure that we recognize the fine corporation established under State law, or support of H.R. 1099, the Coast Guard men and women of the Coast Guard and any other State instrumentality, as deter- Personnel and Maritime Safety Act of the job that they do and give them the mined by the Secretary’’. 2001. resources necessary to continue their The SPEAKER pro tempore (Mr. Mr. Speaker, this is a very non- mission as dictated by Congress. LATOURETTE). Pursuant to the rule, the controversial bill. As with the prior Mr. Speaker, I yield back the balance gentleman from New Jersey (Mr. bill, H.R. 1099, all of the provisions of my time. LOBIONDO) and the gentleman from were worked out by the conferees to The SPEAKER pro tempore (Mr. Massachusetts (Mr. MCGOVERN) each the Coast Guard Authorization Act of SIMPSON). The question is on the mo- will control 20 minutes. 2000 conference last year. tion offered by the gentleman from The Chair recognizes the gentleman H.R. 1099 will help provide additional New Jersey (Mr. LOBIONDO) that the from New Jersey (Mr. LOBIONDO). resources to combat drug smuggling, House suspend the rules and pass the Mr. LOBIONDO. Mr. Speaker, I yield improve safety on our waterways, ex- bill, H.R. 1099. myself such time as I may consume. tend the lives of six safety advisory The question was taken. Mr. Speaker, I rise in strong support committees, increase the penalties for The SPEAKER pro tempore. In the of the Coast Guard Personnel and Mari- negligent operation of vessels on our opinion of the Chair, two-thirds of time Safety Act of 2001. This bill con- Nation’s waterways, improve the man- those present have voted in the affirm- tains many important provisions re- agement for issuing documents to U.S. ative. lated to Coast Guard personnel man- mariners, and allow for quicker pro- Mr. LOBIONDO. Mr. Speaker, on that agement, commercial and recreational motions for Coast Guard officers of I demand the yeas and nays. vessel safety, and environmental pro- particular merit. The yeas and nays were ordered. tection. These provisions were devel- Mr. Speaker, the Coast Guard is cur- The SPEAKER pro tempore. Pursu- oped during the conference negotia- rently drastically reducing their oper- ant to clause 8 of rule XX and the tions on the Coast Guard Authorization ations due to funding shortfalls. These Chair’s prior announcement, further Act of 2000 in the last Congress, but reductions have been caused largely by proceedings on this motion will be were not enacted because of unrelated the increased price of energy, postponed, and the vote will occur to- matters. unbudgeted personnel entitlements in morrow. We are aware of no controversies con- the National Defense Authorization f cerning any section in this bill and Act of 2000, and increased health care hope that the Senate will send this bill costs. GENERAL LEAVE to the President as soon as possible. As a result, the Coast Guard has re- Mr. LOBIONDO. Mr. Speaker, I ask Section 103 of this bill gives the duced current operations by 10 percent unanimous consent that all Members Coast Guard additional promotional and will reduce their operations by 30 may have 5 legislative days within authority to respond to retention prob- percent on April 1. Clearly, additional which to revise and extend their re- lems in the Coast Guard officer corps. funding is required. Failure to provide marks on H.R. 1099. Section 203 of the bill allows the Coast adequate funding will result in more The SPEAKER pro tempore. Is there Guard to borrow up to $100 million drugs in our communities, more illegal objection to the request of the gen- from the Oil Spill Liability trust fund immigrants on our streets, and more tleman from New Jersey? to clean up oil spills in emergency situ- incursions by foreign fishing vessels There was no objection. ations. The bill also contains authority into our waters. f for the Coast Guard to acquire seven Mr. Speaker, the Coast Guard Per- PC–170 patrol craft from the Navy for sonnel and Maritime Safety Act will INDEPENDENT TELECOMMUNI- use in drug interdiction operations. improve the management of the Coast CATIONS CONSUMER ENHANCE- Mr. Speaker, I want to take this op- Guard, improve safety on our Nation’s MENT ACT OF 2001 portunity to commend the men and waterways, and provide added financial Mr. UPTON. Mr. Speaker, I move to women of the Coast Guard for the ex- resources to help clean up oil spills. suspend the rules and pass the bill ceptional service they provide to our Therefore, I strongly urge my col- (H.R. 496) to amend the Communica- country. All Americans benefit from a leagues to support passage of H.R. 1099, tions Act of 1934 to promote deploy- strong Coast Guard that is equipped to the Coast Guard Personnel and Mari- ment of advanced services and foster stop drug smugglers, support the coun- time Safety Act of 2001. the development of competition for the try’s defense, and respond to national Mr. Speaker, I have no requests for benefit of consumers in all regions of emergencies. time, and I yield back the balance of the Nation by relieving unnecessary Unfortunately, the Coast Guard, like my time. burdens on the Nation’s two percent other military services, suffers from Mr. LOBIONDO. Mr. Speaker, I yield local exchange telecommunications readiness problems related to deferred myself such time as I may consume. carriers, and for other purposes, as maintenance, aged equipment, and per- Mr. Speaker, I have a brief closing amended. sonnel training and retention. We must statement. Mr. Speaker, I would like to The Clerk read as follows: act to correct these problems and put thank the gentleman from Massachu- H. R. 496 the Coast Guard on sound financial C OVERN setts (Mr. M G ) and the gen- Be it enacted by the Senate and House of Rep- footing to be ready to respond to in- tleman from Minnesota (Mr. OBERSTAR) resentatives of the United States of America in creasing demands on Coast Guard re- for their help in these matters, espe- Congress assembled, sources, especially and I repeat, especially the gentleman from Alaska SECTION 1. SHORT TITLE. cially the needs to increase drug inter- (Chairman YOUNG) for his advocacy of This Act may be cited as the ‘‘Independent diction operations. the Coast Guard. Telecommunications Consumer Enhancement Finally, the Coast Guard operations I would like to urge each Member of Act of 2001’’. must be made whole next year, ending this body to understand the job that SEC. 2. FINDINGS AND PURPOSE. this destructive cycle of funding short- the Coast Guard is doing every day, to (a) FINDINGS.—Congress finds the following: falls and end-of-the-year supplemental stop making excuses for why we are (1) The Telecommunications Act of 1996 was funding bills. not giving them the resources that enacted to foster the rapid deployment of ad- Mr. Speaker, I urge all Members to they need to protect our environment, vanced telecommunications and information support this legislation. our natural resources, for drug inter- technologies and services to all Americans by promoting competition and reducing regulation Mr. Speaker, I reserve the balance of diction, and all the other things that in telecommunications markets nationwide. my time. they do. (2) The Telecommunications Act of 1996 spe- Mr. MCGOVERN. Mr. Speaker I yield I think this is the year when we can cifically recognized the unique abilities and cir- myself such time as I may consume. join together shoulder to shoulder to cumstances of local exchange carriers with

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00016 Fmt 0688 Sfmt 6333 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4121 fewer than two percent of the Nation’s sub- latory, compliance, or reporting requirement this subsection shall be binding for one year scriber lines installed in the aggregate nation- would have on two percent carriers, the Com- from the date of the election. wide. mission shall not enforce the rule against two ‘‘SEC. 285. DEPLOYMENT OF NEW TELECOMMUNI- (3) Given the markets two percent carriers percent carriers unless and until the Commission CATIONS SERVICES BY TWO PER- typically serve, such carriers are uniquely posi- performs such separate evaluation. CENT COMPANIES. tioned to accelerate the deployment of advanced ‘‘(c) ADDITIONAL REVIEW NOT REQUIRED.— ‘‘(a) ONE-DAY NOTICE OF DEPLOYMENT.—The services and competitive initiatives for the ben- Nothing in this section shall be construed to re- Commission shall permit two percent carriers to efit of consumers in less densely populated require the Commission to conduct a separate introduce new interstate telecommunications gions of the Nation. evaluation under subsection (a) if the rules services by filing a tariff on one day’s notice (4) Existing regulations are typically tailored adopted do not apply to two percent carriers, or showing the charges, classifications, regula- to the circumstances of larger carriers and such carriers are exempted from such rules. tions, and practices therefor, without obtaining therefore often impose disproportionate burdens ‘‘(d) SAVINGS CLAUSE.—Nothing in this section a waiver, or make any other showing before the on two percent carriers, impeding such carriers’ shall be construed to prohibit any size-based dif- Commission in advance of the tariff filing. The deployment of advanced telecommunications ferentiation among carriers mandated by this Commission shall not have authority to approve services and competitive initiatives to consumers Act, chapter 6 of title 5, United States Code, the or disapprove the rate structure for such serv- in less densely populated regions of the Nation. Commission’s rules, or any other provision of ices shown in such tariff. (5) Reducing regulatory burdens on two per- law. ‘‘(b) DEFINITION.—For purposes of subsection cent carriers will enable such carriers to devote ‘‘(e) EFFECTIVE DATE.—The provisions of this (a), the term ‘new interstate telecommunications additional resources to the deployment of ad- section shall apply with respect to any rule service’ means a class or subclass of service not vanced services and to competitive initiatives to adopted on or after the date of enactment of this previously offered by the two percent carrier benefit consumers in less densely populated re- section. that enlarges the range of service options avail- gions of the Nation. ‘‘SEC. 282. LIMITATION OF REPORTING REQUIRE- able to ratepayers of such carrier. (6) Reducing regulatory burdens on two per- MENTS. ‘‘SEC. 286. ENTRY OF COMPETING CARRIER. cent carriers will increase such carriers’ ability ‘‘(a) LIMITATION.—The Commission shall not ‘‘(a) PRICING FLEXIBILITY.—Notwithstanding to respond to marketplace conditions, allowing require a two percent carrier— any other provision of this Act, any two percent them to accelerate deployment of advanced serv- ‘‘(1) to file cost allocation manuals or to have carrier shall be permitted to deaverage its inter- ices and competitive initiatives to benefit con- such manuals audited or attested, but a two state switched or special access rates, file tariffs sumers in less densely populated regions of the percent carrier that qualifies as a class A carrier on one day’s notice, and file contract-based tar- Nation. shall annually certify to the Commission that iffs for interstate switched or special access serv- (b) PURPOSES.—The purposes of this Act are— the two percent carrier’s cost allocation complies ices immediately upon certifying to the Commis- (1) to accelerate the deployment of advanced with the rules of the Commission; or sion that a telecommunications carrier unaffili- services and the development of competition in ‘‘(2) to file Automated Reporting and Manage- ated with such carrier is engaged in facilities- the telecommunications industry for the benefit ment Information Systems (ARMIS) reports. based entry within such carrier’s service area. A of consumers in all regions of the Nation, con- ‘‘(b) PRESERVATION OF AUTHORITY.—Except as two percent carrier subject to rate-of-return reg- sistent with the Telecommunications Act of 1996, provided in subsection (a), nothing in this Act ulation with respect to an interstate switched or by reducing regulatory burdens on local ex- limits the authority of the Commission to obtain special access service, for which pricing flexi- change carriers with fewer than two percent of access to information under sections 211, 213, bility has been exercised pursuant to this sub- the Nation’s subscriber lines installed in the ag- 215, 218, and 220 with respect to two percent car- section, shall compute its interstate rate of re- gregate nationwide; riers. turn based on the nondiscounted rate for such (2) to improve such carriers’ flexibility to un- ‘‘SEC. 283. INTEGRATED OPERATION OF TWO PER- service. dertake such initiatives; and CENT CARRIERS. ‘‘(b) PRICING DEREGULATION.—Notwith- (3) to allow such carriers to redirect resources ‘‘The Commission shall not require any two standing any other provision of this Act, upon from paying the costs of such regulatory bur- percent carrier to establish or maintain a sepa- receipt by the Commission of a certification by a dens to increasing investment in such initia- rate affiliate to provide any common carrier or two percent carrier that a local exchange carrier tives. noncommon carrier services, including local and that is not a two percent carrier is engaged in SEC. 3. DEFINITION. interexchange services, commercial mobile radio facilities-based entry within the two percent Section 3 of the Communications Act of 1934 services, advanced services (within the meaning carrier’s service area, the Commission shall reg- (47 U.S.C. 153) is amended— of section 706 of the Telecommunications Act of ulate such two percent carrier as non-dominant, (1) by redesignating paragraphs (51) and (52) 1996), paging, Internet, information services or and therefore shall not require the tariffing of as paragraphs (52) and (53), respectively; and other enhanced services, or other services. The the interstate service offerings of such two per- (2) by inserting after paragraph (50) the fol- Commission shall not require any two percent cent carrier. lowing: carrier and its affiliates to maintain separate of- ‘‘(c) PARTICIPATION IN EXCHANGE CARRIER AS- ‘‘(51) TWO PERCENT CARRIER.—The term ‘two ficers, directors, or other personnel, network fa- SOCIATION TARIFF.—A two percent carrier that percent carrier’ means an incumbent local ex- cilities, buildings, research and development de- meets the requirements of subsection (a) or (b) of change carrier within the meaning of section partments, books of account, financing, mar- this section with respect to one or more study 251(h) whose access lines, when aggregated with keting, provisioning, or other operations. areas shall be permitted to participate in the common line tariff administered and filed by the the access lines of any local exchange carrier ‘‘SEC. 284. PARTICIPATION IN TARIFF POOLS AND that such incumbent local exchange carrier di- PRICE CAP REGULATION. National Exchange Carrier Association or any rectly or indirectly controls, is controlled by, or ‘‘(a) NECA POOL.—The participation or with- successor tariff or administrator, by electing to is under common control with, are fewer than drawal from participation by a two percent car- include one or more of its study areas in such two percent of the Nation’s subscriber lines in- rier of one or more study areas in the common tariff. stalled in the aggregate nationwide.’’. line tariff administered and filed by the Na- ‘‘(d) DEFINITIONS.—For purposes of this sec- SEC. 4. REGULATORY RELIEF FOR TWO PERCENT tional Exchange Carrier Association or any suc- tion: ‘‘(1) FACILITIES-BASED ENTRY.—The term ‘fa- CARRIERS. cessor tariff or administrator shall not obligate cilities-based entry’ means, within the service Title II of the Communications Act of 1934 is such carrier to participate or withdraw from area of a two percent carrier— amended by adding at the end thereof a new participation in such tariff for any other study part IV as follows: ‘‘(A) the provision or procurement of local area. The Commission may require a two per- telephone exchange switching or its equivalent; ‘‘PART IV—PROVISIONS CONCERNING TWO cent carrier to give 60 days notice of its intent and PERCENT CARRIERS to participate or withdraw from participation in ‘‘(B) the provision of telephone exchange serv- ‘‘SEC. 281. REDUCED REGULATORY REQUIRE- such common line tariff with respect to a study ice to at least one unaffiliated customer. MENTS FOR TWO PERCENT CAR- area. Except as permitted by section 310(f)(3), a ‘‘(2) CONTRACT-BASED TARIFF.—The term ‘con- RIERS. two percent carrier’s election under this sub- tract-based tariff’ shall mean a tariff based on ‘‘(a) COMMISSION TO TAKE INTO ACCOUNT section shall be binding for one year from the a service contract entered into between a two DIFFERENCES.—In adopting rules that apply to date of the election. percent carrier and one or more customers of incumbent local exchange carriers (within the ‘‘(b) PRICE CAP REGULATION.—A two percent such carrier. Such tariff shall include— meaning of section 251(h)), the Commission shall carrier may elect to be regulated by the Commis- ‘‘(A) the term of the contract, including any separately evaluate the burden that any pro- sion under price cap rate regulation, or elect to renewal options; posed regulatory, compliance, or reporting re- withdraw from such regulation, for one or more ‘‘(B) a brief description of each of the services quirements would have on two percent carriers. of its study areas. The Commission shall not re- provided under the contract; ‘‘(b) EFFECT OF COMMISSION’S FAILURE TO quire a carrier making an election under this ‘‘(C) minimum volume commitments for each TAKE INTO ACCOUNT DIFFERENCES.—If the Com- subsection with respect to any study area or service, if any; mission adopts a rule that applies to incumbent areas to make the same election for any other ‘‘(D) the contract price for each service or local exchange carriers and fails to separately study area. Except as permitted by section services at the volume levels committed to by the evaluate the burden that any proposed regu- 310(f)(3), a two percent carrier’s election under customer or customers;

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00017 Fmt 0688 Sfmt 6333 E:\BR01\H21MR1.000 H21MR1 4122 CONGRESSIONAL RECORD—HOUSE March 21, 2001 ‘‘(E) a brief description of any volume dis- any rule the reconsideration or other review of ice in these regions is simply not the counts built into the contract rate structure; which was specifically sought by the petitioning same. and party shall be stayed with respect to that party The FCC’s rules also do not give ‘‘(F) a general description of any other classi- until the Commission issues an order granting or small and mid-size carriers the flexi- fications, practices, and regulations affecting denying such petition. the contract rate. ‘‘(2) FINALITY OF ACTION.—Any order issued bility to offer discounts to reflect com- ‘‘(3) SERVICE AREA.—The term ‘service area’ under paragraph (1), or any grant of a petition petitive conditions in their service ter- has the same meaning as in section 214(e)(5). for waiver that is deemed to occur as a result of ritory. ‘‘SEC. 287. SAVINGS PROVISIONS. the Commission’s failure to act under paragraph Mr. Speaker, one final area that the ‘‘(a) COMMISSION AUTHORITY.—Nothing in (1), shall be a final order and may be ap- bill addresses concerns the process this part shall be construed to restrict the au- pealed.’’. through which the FCC issues decisions thority of the Commission under sections 201 (b) EFFECTIVE DATE.—The provisions of this on mergers and waivers of the Commis- through 208. section shall apply with respect to any petition sion’s rules. Mr. Speaker, this process for reconsideration or other review or petition ‘‘(b) RURAL TELEPHONE COMPANY RIGHTS.— takes way too long. Mergers of small Nothing in this part shall be construed to dimin- for waiver that is submitted to the Commission ish the rights of rural telephone companies oth- on or after the date of enactment of this Act. and mid-size carriers, or the acquisi- erwise accorded by this Act, or the rules, poli- Petitions for reconsideration or petitions for tion of one of these carriers of access cies, procedures, guidelines, and standards of waiver pending with the Commission on the lines belonging to a large carrier, the Commission as of the date of enactment of date of enactment of this Act shall be subject to should be decided within 60 days. Re- this section.’’. the requirements of this section as if they had quests for waivers or reconsideration of SEC. 5. LIMITATION ON MERGER REVIEW. been filed on the date of enactment of this Act. the commission’s rules governing the (a) AMENDMENT.—Section 310 of the Commu- The SPEAKER pro tempore. Pursu- activities of small and mid-size compa- nications Act of 1934 (47 U.S.C. 310) is amended ant to the rule, the gentleman from nies should not take longer than 90 by adding at the end the following: Michigan (Mr. UPTON) and the gen- days. Both of these timetables give the ‘‘(f) DEADLINE FOR MAKING PUBLIC INTEREST tleman from Wisconsin (Mr. BARRETT) DETERMINATION.— FCC plenty of time to make the review. ‘‘(1) TIME LIMIT.—In connection with any each will control 20 minutes. Mr. Speaker, I would like to reiterate merger between two percent carriers, or the ac- The Chair recognizes the gentleman that this bill provides common sense quisition, directly or indirectly, by a two percent from Michigan (Mr. UPTON). relief to those incumbent local ex- carrier or its affiliate of securities or assets of GENERAL LEAVE change carriers that possess fewer than another two percent carrier or its affiliate, if the Mr. UPTON. Mr. Speaker, I ask unan- 2 percent of the Nation’s access lines. merged or acquiring carrier remains a two per- imous consent that all Members may I commend in particular the gentle- cent carrier after the merger or acquisition, the have 5 legislative days within which to woman from Wyoming (Mrs. CUBIN), Commission shall make any determinations required by this section and section 214, and shall revise and extend their remarks and to my good friend and colleague, for au- rule on any petition for waiver of the Commis- insert extraneous material on H.R. 496. thoring this legislation again; and I sion’s rules or other request related to such de- The SPEAKER pro tempore. Is there urge my colleagues to support it. terminations, not later than 60 days after the objection to the request of the gen- Mr. Speaker, I reserve the balance of date an application with respect to such merger tleman from Michigan? my time. or acquisition is submitted to the Commission. There was no objection. Mr. BARRETT of Wisconsin. Mr. ‘‘(2) APPROVAL ABSENT ACTION.—If the Com- Mr. UPTON. Mr. Speaker, I yield my- Speaker, I yield myself such time as I mission does not approve or deny an application self such time as I may consume. may consume. as described in paragraph (1) by the end of the Mr. Speaker, I rise today in strong Mr. Speaker, I am pleased to join my period specified, the application shall be deemed approved on the day after the end of such pe- support of H.R. 496, the Independent colleagues on the Committee on En- riod. Any such application deemed approved Telecommunications Consumer En- ergy and Commerce in support of the under this subsection shall be deemed approved hancement Act of 2001. This legislation Independent Telecommunications Con- without conditions. provides common sense regulatory re- sumer Enhancement Act. Along with ‘‘(3) ELECTION PERMITTED.—The Commission lief that will enable small and mid-size the gentleman from Tennessee (Mr. shall permit a two percent carrier to make an telephone companies to respond to GORDON) and the gentleman from Mis- election pursuant to section 284 with respect to competition in their service terri- sissippi (Mr. PICKERING), I was an origi- any local exchange facilities acquired as a result of a merger or acquisition that is subject to tories. nal cosponsor of the bill introduced by the review deadline established in paragraph (1) For too long, telephone companies the gentlewoman from Wyoming (Mrs. of this subsection.’’. have been saddled with unnecessary CUBIN) in the previous Congress and re- (b) EFFECTIVE DATE.—The provisions of this and burdensome regulations that in- introduced this year. section shall apply with respect to any applica- crease the costs associated with pro- The gentleman from Tennessee (Mr. tion that is submitted to the Commission on or viding phone service. The current regu- GORDON) had intended to be here to after the date of enactment of this Act. Applica- latory framework for incumbent local manage this bill this morning, but he tions pending with the Commission on the date exchange carriers is, to say the least, and his wife, Leslie, are welcoming of enactment of this Act shall be subject to the requirements of this section as if they had been antiquated. their new baby daughter, Peyton Mar- filed with the Commission on the date of enact- Too often, the FCC imposes one-size- garet, into the world this morning. So ment of this Act. fits-all rules on all carriers, neglecting I offer my congratulations to both of SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS to take into account the size of car- them for that. FOR RECONSIDERATION OR WAIVER. riers and the difference in the level of The Independent Telecommuni- (a) AMENDMENT.—Section 405 of the Commu- competition faced by carriers that cations Consumer Enhancement Act, nications Act of 1934 (47 U.S.C. 405) is amended serve disparate geographic regions. Re- approved by voice vote on the House by adding to the end the following: ports must be filed that are rarely, if floor last year, would relax some of the ‘‘(c) EXPEDITED ACTION REQUIRED.— ever, read probably by FCC staff, re- FCC’s one-size-fits-all regulations for ‘‘(1) TIME LIMIT.—Within 90 days after receiving from a two percent carrier a petition for reports that literally cost millions and our Nation’s small and mid-size local consideration or other review filed under this millions of dollars and certainly count- telephone companies, those with less section or a petition for waiver of a rule, policy, less man-hours to compile. than 2 percent of the Nation’s phone or other Commission requirement, the Commis- The FCC also imposes rigid rules on lines. sion shall issue an order granting or denying the types of price regulation that small These companies serve rural and sub- such petition. If the Commission fails to act on and mid-size carriers may, in fact, urban communities across the country a petition for waiver subject to the requirements elect. These rigid rules prevent a car- and are poised to offer broadband and of this section within this 90-day period, the re- rier from electing different regulatory other advanced services to customers lief sought in such petition shall be deemed granted. If the Commission fails to act on a peti- treatment for different parts of its ter- who are often outside the scope of the tion for reconsideration or other review subject ritory, even if the carrier serves dis- larger companies. This bill will reduce to the requirements of this section within such tinctive regions of a State or the coun- paperwork for the smaller companies, 90-day period, the Commission’s enforcement of try, and the costs to provide such serv- increase their pricing flexibility, and

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allow them to bundle services on one tleman from Mississippi (Mr. PICK- not increase when competition forces bill without reopening the 1996 Tele- ERING); the gentleman from Wisconsin prices to go down in one area only to communications Act. (Mr. BARRETT); the gentleman from be shifted to another area to make up In my State of Wisconsin, 81 of the 83 Tennessee (Mr. GORDON); and the gen- the difference. companies providing local service are tleman from Oklahoma (Mr. LARGENT). We have tightened the definition of classified as 2 percent companies. By I really appreciate the help that they what a 2 percent carrier is. There is freeing these companies from portions have given in getting this bill to this now language in section 284 where we of a regulatory system designed with point. have installed a bulletproof fire wall to much larger companies in mind, we The FCC, to its credit, has made protect against possible gaming of the will be taking an important first step some headway in this area, and I do system when companies elect to choose towards bridging the digital divide by commend them for it, however, they tariff flexibility. allowing for increased investment in cannot seem to get the ball across the Finally, we have reworked the merg- Internet facilities in rural and subur- goal line. In 1999, the Commission initi- er section. And I want it to be clear ban areas. ated a process to reduce accounting re- that the merger review language only I urge my colleagues to support this quirements for small telecommuni- applies to those companies that remain common sense legislation, Mr. Speak- cations companies; and although we 2 percent companies after the acquisi- er. have seen some incremental steps and tion of another company. Mr. Speaker, I reserve the balance of public meetings held, we have yet to Mr. Speaker, I cannot overstate the my time. see a final product. I said it last year importance of this bill for rural areas Mr. UPTON. Mr. Speaker, I yield 5 and I will restate it, because I think it like Wyoming. I appreciate all of the minutes to the gentlewoman from Wy- is very important, the Commission’s help that I have had in getting it this far. oming (Mrs. CUBIN). time line on finalizing the accounting Mr. UPTON. Mr. Speaker, I yield 2 Mrs. CUBIN. Mr. Speaker, last year I and reporting standards has changed minutes to the gentleman from Min- introduced legislation similar to H.R. like the Wyoming winds. My bill does nesota (Mr. KENNEDY), a supporter of 496 that began a process to force the nothing more than what the Commis- the bill who represents a district that I sion already says it is attempting to Federal Communications Commission know is fairly rural in lots of different to administer small and mid-size tele- do. ways. communications companies differently One of the concerns I heard last year Mr. KENNEDY of Minnesota. Mr. during its regulatory deliberations. was that the bill would somehow make Speaker, I thank the gentleman for This bill passed by unanimous voice it impossible to collect sufficient cost yielding me this time, and I rise in sup- vote in the House and in the Com- data to determine its high-cost support port of H.R. 496, the Independent Tele- mittee on Commerce. This legislation mechanisms. My colleagues all know communications Enhancement Act of does nothing more than clear out the that I represent the most rural State 2001. regulatory underbrush that makes it in the country and, as such, Federal H.R. 496 is good for southwest Min- difficult for small and mid-size compa- universal service support is absolutely nesota because it helps our small and nies to offer the same types of services critical. I would never do anything to mid-sized telephone companies by re- that their sometimes larger competi- compromise universal service. ducing the regulatory burden that has tors do. In a letter written to me last month been put upon them. One of my goals in Let me give my colleagues an idea of by the president of the National Asso- Congress is to help our rural commu- the companies in my State that we are ciation of Regulatory Utility Commis- nities by improving their rural tele- talking about. H.R. 496 helps compa- sioners, or NARUC, and the Chair of communications infrastructure. nies like small telephone carriers in the NARUC Telecom Committee made I believe that this bill, introduced by Chugwater, Wyoming, Chugwater Tele- it clear that nothing in this bill, and I the gentlewoman from Wyoming, who phone Company, which has 300 access quote, ‘‘precludes States from access to says she is from the most rural State, lines. All West Communications has 363 information needed in State pro- while I profess to be from the most access lines. Project Telephone Com- ceedings through data requests or simi- rural district in the country, that this pany, 219. Union Telephone, 1,600. It is lar methods. We understand that this will help us meet the goal by reducing one of the larger. These are the types bill does not affect underlying account- government regulations on smaller of carriers that are in my district, and ing rules nor prohibitions against cross phone companies and allowing them to my colleagues will find these types of subsidies.’’ focus their efforts instead on providing carriers all over the country. These are Let me be clear. This bill does noth- quality and competitive service to the carriers we are trying to help not ing to take away any authority from rural America instead of dealing with have to fill out the extraordinarily the FCC in requesting necessary paper- burdensome regulations. complex and expensive forms that the work that it needs to do its job. By allowing companies to focus on larger companies, AT&T and some of Mr. Speaker, I want to be brief, improving our communities by deploy- the larger companies, have to do. which I guess is already too late, so I ing new services and investing in infra- will summarize the changes and im- structure instead of complying with b 1115 provements that we have made to the burdensome regulations, more resi- The intention was then and it con- bill. Last year, the gentleman from dents in southwest Minnesota and in tinues to be my intention today to Massachusetts (Mr. MARKEY) and I Wyoming will have access to tele- lessen the regulatory burdens on small worked on several modifications to the communication services that their and mid-sized telephone companies so bill, a majority of which were incor- friends and families in bigger cities of- that they can streamline their business porated into it as it passed the House. tentimes already have. plans and, hopefully, shift some more This year we have continued our dia- I believe this is a step in the right di- of their resources to deploying ad- logue and have come together on even rection towards closing the digital di- vanced telecommunication services to more changes and clarifications. vide that we face here in America, and all areas of the country, including First, I want to commend the gen- I also believe that by improving rural rural areas. tleman from Massachusetts for his con- telecommunications services and infra- With the help of many of my col- cern for rural telecommunications cus- structure that we can make our rural leagues, and I sincerely thank them, tomers and the rates that they pay. I areas more attractive to new and exist- especially the chairman of the Com- am pleased that we have had the oppor- ing businesses. mittee on Commerce, the gentleman tunity to work out language that will I thank the chairman, I thank the from Louisiana (Mr. TAUZIN); the gen- guaranty that under section 286 of the gentlewoman from Wyoming for put- tleman from Michigan (Mr. UPTON), the bill, which is the pricing flexibility sec- ting this forward, and I look forward to subcommittee chairman; the gen- tion, that rural customers’ rates will voting for it.

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4124 CONGRESSIONAL RECORD—HOUSE March 21, 2001 Mr. BARRETT of Wisconsin. Mr. riers too much price flexibility could put con- tion that this definition will permit for deregula- Speaker, I yield back the balance of sumers at a competitive disadvantage. I be- tion to occur. my time. lieve we should support small carriers as well In addition, I am concerned about combining Mr. UPTON. Mr. Speaker, I yield my- as consumer interests. I want to be on record a lessening of reporting requirements with the self such time as I may consume. as promoting broadband deployment in rural continuation, and indeed, increased flexibility, Mr. Speaker, I know I asked unani- areas while not jeopardizing the affordability of of participation in subsidy pools. At a time mous consent that all Members be able basic phone services. when policymakers are struggling to extract to revise and extend their remarks, but Mr. MARKEY. Mr. Speaker, I rise in opposi- unnecessary subsidies from the system and I particularly want to note and request tion to H.R. 496. Before I speak to the remain- make remaining subsidies more explicit, this the addition for the RECORD of the ing issues of concern with the legislation that legislation would appear to make it more dif- statement by the vice chairman of the I believe must be rectified before it merits sup- ficult for policymakers and regulators to dis- subcommittee, the gentleman from port, I want to begin by thanking Mrs. CUBIN, cern whether the subsidies generally, or par- Florida (Mr. STEARNS), who is chairing Mr. GORDON, Mr. DINGELL, and Chairman TAU- ticular subsidy levels, are still justified or need an important hearing on airline merg- ZIN, and Chairman UPTON for being responsive to be recalibrated. Mr. Speaker, the National ers now and was not able to come over to many of the concerns that have been raised Association of Regulatory Utility Commis- and engage in the debate. about H.R. 496 since it was first introduced. sioners (NARUC) recently passed a resolution The other thing I would just like to The bill being offered today contains many on this bill that stated in part—and I’ll quote point out is that my district in par- helpful clarifications and changes embodied in from it—that ‘‘appropriate reporting require- ticular, though it is certainly not as it that were in response to concerns I have ments that . . . verify proper distribution and rural as the State of Wyoming, is very raised about the measure. I believe that in its use of universal service funding should con- much what I consider a microcosm of current form it clarifies a number of key defini- tinue to be available.’’ the country. We have good pockets of tions that affect the scope of the bill. More- If these so-called 2 percent companies want urban and rural, farms, businesses over, the bill also contains clarifications that to live in a truly competitive environment with large and small, and I know that, par- better capture the expressed intent of its advo- less regulation then I’m all for that—I wish ticularly as chairman of this new sub- cates without some of the possible unintended them well and I hope they make it in the free committee, we have two outstanding consequences that I have warned about. marketplace. small telephone services, one in The legislation now better defines which Yet this legislation still suffers from a ‘‘have- Bloomingdale, Michigan, in Van Buren companies qualify as ‘‘2 percent carriers’’ so your-cake-and-eat-it-too’’ quality. I believe that County, and Climax Telephone Com- that certain Bell Operating Companies are not even if we are unwilling today to lessen or cap pany in Kalamazoo County that will inadvertently included in the definition. The bill the subsidy as we lessen 2 percent company benefit from this legislation, as we will also preserves certain Commission authority regulations and move these companies from see through the rest of the country as necessary to protect consumers and contains monopoly mindsets to greater competition, we well. We do not need burdensome regula- adjustments in provisions dealing with the in- must at least have accountability in the sub- tion imposed by anyone on small com- troduction of new telecommunications serv- sidy system so that it doesn’t become even panies like these that provide really ices, participation in subsidy pools, and the more bloated than it already is. the only service, whether it be high- pricing flexibility section. I believe that this Congress needs to have speed digital fiber to those commu- Again, I want to thank Mrs. CUBIN and my a broader discussion when we act to eliminate nities, whether cable, all of those dif- other colleagues who have agreed to these certain legacy regulations to ensure that we ferent things. These companies are changes. I believe they are helpful clarifica- also act to eliminate or limit legacy subsidies. there and they are the only ones there. tions and I believe they improve the bill. I In addition, I continued to believe that there In fact, their prosperity will only grow would note, however, that I still believe that is a potential in this bill for companies to because of this legislation. additional changes are warranted for this leg- ‘‘game’’ the regulatory system. We usually do I would note that last year we passed islation and that I hope can be dealt with prior not give regulated entities the opportunity to this legislation without dissent. I to sending this bill to the President. choose their form of regulation but this bill would think that again this year we This legislation, Mr. Speaker, also known as does just that. I want to commend the bill’s will pass it without dissent as well. I the ‘‘2 percent’’ bill, directly affects small and sponsors for adjusting the bill somewhat in ask all my colleagues to vote in sup- mid-sized telephone companies and has re- this area in response to my concerns so that port of this legislation. percussions for millions of consumers across a company now chooses rate-of-return regula- Mr. TOWNS. Mr. Speaker, independent tele- the country. tion or price cap regulation and this election phone companies have filled an important role A chief concern is the ‘‘trigger’’ for key de- must be done for 1 year. However, clarifying in the development of our Nation’s tele- regulatory provisions in the bill, namely the that such election cannot be done on any communications system. For decades the co- pricing flexibility and pricing deregulation provi- given month but rather on an annual basis operatives and family-owned businesses made sions. The bill on the House floor today will does not fully alleviate the problem. Flipping sure that all Americans would have access to continue to allow pricing deregulation upon the back and forth on a yearly basis still permits quality telephone service. Entrepreneurs are arrival of ‘‘facilities-based’’ competition in a companies to game the regulatory system in buying exchanges promising to deploy im- given service area. Facilities-based entry, my view. proved voice and data service in small com- however, is defined in the bill to include not Another issue I want to highlight is the munities. only provision of local exchange switching or merger review section. This section states that Recent studies by NECA and NTIA show its equivalent, but also the ‘‘procurement’’ of any review involving a so-called 2 percent car- that small carriers like these are investing in such. Moreover, a facilities-based competitor rier must be approved or denied by the Com- broadband deployment. I support any legisla- is merely required to have at least one cus- mission within 60 days. I understand that the tion that would speed the deployment of ad- tomer—I repeat, one sole customer. companies do not want merger reviews to vanced services, whether that’s in Brooklyn, Hopefully there will be more competition. drag on for years, but I would suggest that 60 New York or Basin, Wyoming. The Digital Di- The point is that although competition may ar- days is too short and unrealistic. vide is a pressing issue in this country, not rive, it may not be robust or effective in con- While I believe the Commission in itself is only in urban areas but rural ones as well. I straining prices. A single competitor serving a streamlining its process, if the majority is in- do not look kindly on those who feel that the single customer is simply an insufficient trigger sistent on having a merger review ‘‘shot clock’’ Digital Divide is not an issue in this country. for deregulation. Such a low threshold will I would suggest giving the Commission a Those of us who represent rural and urban mean sweeping deregulation with only the illu- greater period of time. areas know all too well the lack of access our sion of truly competitive markets in many Finally, I want to comment broadly on the constituents face. We have a responsibility to areas of the country. I hope we can subse- overall intent of the bill and what I believe will create digital opportunities for all Americans, quently adjust this competitive trigger so that be the unfulfilled promise that the sponsors of not just those living in the big cities. it reflects the kind of significant competition the bill seek to achieve. While the purpose of I want to voice my support for this legisla- that serves to constrain prices and drive inno- the bill as stated in its text, is to accelerate the tion, but I do have concerns that giving car- vation, rather than the ‘‘paper tiger’’ competi- deployment of advanced services in more

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00020 Fmt 0688 Sfmt 9920 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4125 rural areas of the country, there is no require- Mr. UPTON. Mr. Speaker, I yield [Roll No. 53] ment that any of the savings a company gar- back the balance of my time. YEAS—414 ners through lessened regulatory obligations The SPEAKER pro tempore (Mr. Abercrombie Deutsch Jefferson be spent or invested in deployment of new, or SIMPSON). The question is on the mo- Ackerman Diaz-Balart Jenkins advanced services to rural areas. The legislation offered by the gentleman from Aderholt Dicks John Akin Dingell Johnson (CT) tion has no advanced services build-out re- Michigan (Mr. UPTON) that the House Allen Doggett Johnson (IL) quirement, no blueprint or timetable for de- suspend the rules and pass the bill, Andrews Dooley Johnson, E. B. ployment to rural areas for such services. It H.R. 496, as amended. Armey Doolittle Johnson, Sam The question was taken; and (two- Baca Doyle Jones (NC) appears that the savings a company enjoys Bachus Dreier Jones (OH) through this bill can go directly to profits and thirds having voted in favor thereof) Baird Duncan Kanjorski to shareholders. the rules were suspended and the bill, Baker Dunn Kaptur As we proceed further on this bill I would as amended, was passed. Baldacci Edwards Kelly A motion to reconsider was laid on Baldwin Ehlers Kennedy (MN) encourage Members to further review sugges- Ballenger Ehrlich Kennedy (RI) tions made by NARUC and its membership the table. Barcia Emerson Kerns and work again on these issues so that con- f Barr Engel Kildee sumers and the public interest are fully pro- Barrett English Kilpatrick APPOINTMENT OF MEMBERS TO Bartlett Eshoo Kind (WI) tected. BOARD OF TRUSTEES OF JOHN Barton Etheridge King (NY) Again, I want to thank Mrs. CUBIN for the F. KENNEDY CENTER FOR THE Bass Evans Kingston adjustments in the bill that she has been will- Bentsen Everett Kirk PERFORMING ARTS Bereuter Farr Kleczka ing to make thus far. I enjoy working with her Berkley Fattah Knollenberg and want to continue our discussions on this The SPEAKER pro tempore. Without Berman Ferguson Kolbe bill. I believe that working together, along with objection, and pursuant to section 2(a) Berry Filner Kucinich Chairman UPTON, Chairman TAUZIN, Mr. DIN- of the National Cultural Center Act (20 Biggert Flake LaFalce U.S.C. 76h(a)), the Chair announces the Bilirakis Fletcher LaHood GELL, Mr. GORDON, Mr. BARRETT, Mr. PICK- Bishop Foley Lampson ERING, Mr. LARGENT and other supporters of Speaker’s appointment of the following Blagojevich Ford Langevin the bill, that we can ultimately reach a resolu- Members of the House to the Board of Blumenauer Fossella Lantos Trustees of the John F. Kennedy Cen- Blunt Frank Largent tion with the Senate that works for everybody. Boehlert Frelinghuysen Larsen (WA) In addition I want to commend and thank Mrs. ter for the Performing Arts: Boehner Frost Larson (CT) CUBIN’S staff, Bryan Jacobs, and the Energy Mr. HASTERT of Illinois; Bonilla Gallegly Latham and Commerce Committee Republican staff, Mr. KOLBE of Arizona; and Bonior Ganske LaTourette Bono Gekas Leach Howard Waltzman, for their efforts in fash- Mr. GEPHARDT of Missouri. There was no objection. Borski Gephardt Lee ioning compromises in many sections of the Boswell Gibbons Levin bill. f Boucher Gilchrest Lewis (CA) Boyd Gillmor Lewis (GA) Mr. BEREUTER. Mr. Speaker, today this ANNOUNCEMENT BY THE SPEAKER Brady (PA) Gilman Lewis (KY) Member received a letter from the chief exec- PRO TEMPORE Brady (TX) Gonzalez Linder utive officer of one of the many rural tele- The SPEAKER pro tempore. Debate Brown (OH) Goode Lipinski phone companies in Nebraska. Great Plains Brown (SC) Goodlatte LoBiondo has concluded on all motions to sus- Bryant Goss Lofgren Communications is based in Blair, Nebraska. pend the rules. Burr Graham Lowey Great Plains serves 33,600 lines across Pursuant to clause 8 of rule XX, the Burton Granger Lucas (KY) Buyer Graves Lucas (OK) 13,600 square miles of rural Nebraska. The Chair will now put the question on mo- company’s service area includes 76 commu- Callahan Green (TX) Luther tions to suspend the rules on which fur- Calvert Green (WI) Maloney (CT) nities and 63 exchanges. That amounts to ther proceedings were postponed ear- Camp Greenwood Maloney (NY) about two and one-half customers per square lier today, and then on the Speaker’s Cantor Grucci Manzullo mile. Fifty of those exchanges have 6 or fewer Capito Gutierrez Markey approval of the Journal. Capps Gutknecht Mascara customers per square mile and 20 of the ex- Votes will be taken in the following Capuano Hall (OH) Matheson changes have 2 or fewer subscribers per order: Cardin Hall (TX) Matsui square mile. House Concurrent Resolution 43, by Carson (IN) Hansen McCarthy (MO) At a recent telecommunications conference Carson (OK) Harman McCarthy (NY) the yeas and nays; Castle Hart McCollum at Creighton University in Omaha, Great H.R. 1042, by the yeas and nays; Chabot Hastings (FL) McCrery Plains CEO Mick Jensen noted that most rural H.R. 1098, by the yeas and nays; and Chambliss Hastings (WA) McDermott telephone companies are experiencing flat Clay Hayes McGovern Approval of the Journal, de novo. Clayton Hayworth McInnis growth, that flat growth makes investment dif- The Chair will reduce to 5 minutes Clement Hefley McIntyre ficult, that costs continue to rise, and that the time for any electronic vote after Clyburn Herger McKeon these rural telephone companies lack econo- the first such vote in this series. Coble Hill McKinney mies of scale and are serving many customers Combest Hilleary McNulty f Condit Hilliard Meehan with limited income. Conyers Hinchey Meek (FL) Across the United States more than 1,000 PRINTING REVISED UPDATED Cooksey Hinojosa Meeks (NY) small, local telephone companies are facing VERSION OF ‘‘BLACK AMERICANS Costello Hobson Menendez IN CONGRESS, 1870–1989’’ Cox Hoeffel Millender- similar problems as they work to provide good Coyne Hoekstra McDonald service to rural residents. These telephone The SPEAKER pro tempore. The Cramer Holden Miller (FL) companies have more limited financial re- pending business is the question of sus- Crane Holt Miller, Gary sources and relatively higher expenses than pending the rules and agreeing to the Crenshaw Honda Miller, George Crowley Hooley Mink large telephone companies. Yet, these small concurrent resolution, H. Con. Res. 43. Cubin Horn Mollohan companies must function under FCC regula- The Clerk read the title of the con- Culberson Hostettler Moore tions intended for large carriers. current resolution. Cummings Houghton Moran (KS) Mr. Speaker, the Independent Tele- The SPEAKER pro tempore. The Cunningham Hoyer Moran (VA) Davis (CA) Hulshof Morella communications Consumer Enhancement Act question is on the motion offered by Davis (FL) Hunter Murtha will help to end ‘‘one-size-fits-all’’ regulation of the gentleman from Ohio (Mr. NEY) Davis (IL) Hutchinson Myrick small and rural telecommunications carriers. It that the House suspend the rules and Davis, Jo Ann Hyde Nadler Davis, Tom Inslee Napolitano will protect these carriers and their customers agree to the concurrent resolution, Deal Isakson Neal from unfair and unnecessary regulatory bur- House Concurrent Resolution 43, on DeFazio Israel Nethercutt dens. And, in doing so, it will free resources which the yeas and nays are ordered. DeGette Issa Ney that can be used to provide advanced tele- The vote was taken by electronic de- Delahunt Istook Northup DeLauro Jackson (IL) Norwood communications services to residents of rural vice, and there were—yeas 414, nays 1, DeLay Jackson-Lee Nussle areas. not voting 17, as follows: DeMint (TX) Oberstar

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4126 CONGRESSIONAL RECORD—HOUSE March 21, 2001 Obey Roybal-Allard Tancredo The Clerk read the title of the bill. Lucas (KY) Peterson (PA) Smith (NJ) Olver Royce Tanner Lucas (OK) Petri Smith (TX) Ortiz Rush Tauscher The SPEAKER pro tempore. The Luther Phelps Smith (WA) Osborne Ryan (WI) Tauzin question is on the motion offered by Maloney (CT) Pickering Snyder Ose Ryun (KS) Taylor (MS) the gentleman from New York (Mr. Maloney (NY) Pitts Solis Otter Sabo Terry GRUCCI) that the House suspend the Manzullo Platts Souder Owens Sanchez Thomas rules and pass the bill, H.R. 1042, as Markey Pombo Spence Oxley Sanders Thompson (CA) Mascara Pomeroy Spratt Pallone Sandlin Thompson (MS) amended, on which the yeas and nays Matheson Portman Stark Pascrell Sawyer Thornberry are ordered. Matsui Price (NC) Stearns Pastor Saxton Thune McCarthy (MO) Pryce (OH) Stenholm Payne Schaffer This will be a 5-minute vote. Thurman McCarthy (NY) Putnam Strickland Pelosi Schakowsky The vote was taken by electronic de- Tiahrt McCollum Quinn Stump Pence Schiff Tiberi vice, and there were—yeas 414, nays 2, McCrery Radanovich Stupak Peterson (MN) Schrock Tierney McDermott Rahall Peterson (PA) Scott not voting 16, as follows: Sununu Toomey McGovern Ramstad Petri Sensenbrenner Sweeney Towns [Roll No. 54] McInnis Rangel Phelps Serrano Tancredo Traficant McIntyre Regula Pickering Shadegg YEAS—414 Tanner Turner McKeon Rehberg Pitts Shaw Abercrombie Crowley Hastings (WA) Tauscher Udall (CO) McKinney Reyes Platts Shays Ackerman Cubin Hayes Tauzin Udall (NM) Pombo Sherman Aderholt Culberson Hayworth McNulty Reynolds Terry Pomeroy Sherwood Upton Akin Cummings Herger Meehan Riley Thomas ´ Portman Shimkus Velazquez Allen Cunningham Hill Meek (FL) Rivers Thompson (CA) Price (NC) Shows Visclosky Andrews Davis (CA) Hilleary Meeks (NY) Rodriguez Thompson (MS) Pryce (OH) Simpson Vitter Armey Davis (FL) Hilliard Menendez Roemer Thornberry Putnam Skeen Walden Baca Davis (IL) Hinchey Millender- Rogers (KY) Thune Quinn Skelton Walsh Bachus Davis, Jo Ann Hinojosa McDonald Rogers (MI) Thurman Radanovich Slaughter Wamp Baird Davis, Tom Hobson Miller (FL) Rohrabacher Tiahrt Waters Miller, Gary Ros-Lehtinen Rahall Smith (MI) Baker Deal Hoeffel Tiberi Watkins Miller, George Ross Ramstad Smith (NJ) Baldacci DeFazio Hoekstra Tierney Watt (NC) Mink Roukema Rangel Smith (TX) Baldwin DeGette Holden Toomey Watts (OK) Mollohan Roybal-Allard Regula Smith (WA) Ballenger Delahunt Holt Towns Waxman Moore Royce Rehberg Snyder Barcia DeLauro Honda Traficant Weiner Moran (KS) Rush Reyes Solis Barr DeLay Hooley Turner Reynolds Souder Weldon (PA) Barrett DeMint Horn Moran (VA) Ryan (WI) Udall (CO) Riley Spence Weller Bartlett Deutsch Hostettler Murtha Ryun (KS) Udall (NM) Rivers Spratt Wexler Barton Diaz-Balart Houghton Myrick Sabo Upton Rodriguez Stark Whitfield Bass Dicks Hoyer Nadler Sanchez ´ Roemer Stearns Wicker Bentsen Dingell Hulshof Napolitano Sanders Velazquez Rogers (KY) Stenholm Wilson Bereuter Doggett Hunter Neal Sandlin Visclosky Rogers (MI) Strickland Wolf Berkley Dooley Hutchinson Nethercutt Sawyer Vitter Rohrabacher Stump Wu Berman Doolittle Hyde Ney Saxton Walden Ros-Lehtinen Stupak Wynn Berry Doyle Inslee Northup Schaffer Walsh Ross Sununu Young (AK) Biggert Dreier Isakson Norwood Schakowsky Wamp Roukema Sweeney Young (FL) Bilirakis Duncan Israel Nussle Schiff Waters Bishop Dunn Issa Oberstar Schrock Watkins NAYS—1 Blagojevich Edwards Istook Obey Scott Watt (NC) Paul Blumenauer Ehlers Jackson (IL) Olver Sensenbrenner Watts (OK) Blunt Ehrlich Jackson-Lee Ortiz Serrano Waxman NOT VOTING—17 Boehlert Emerson (TX) Osborne Shadegg Weiner Becerra McHugh Simmons Boehner Engel Jefferson Ose Shaw Weldon (PA) Brown (FL) Mica Sisisky Bonilla English Jenkins Otter Shays Weller Cannon Moakley Taylor (NC) Bonior Eshoo John Owens Sherman Wexler Collins Rothman Weldon (FL) Bono Etheridge Johnson (CT) Oxley Sherwood Whitfield Gordon Scarborough Woolsey Borski Evans Johnson (IL) Pallone Shimkus Wicker Keller Sessions Boswell Everett Johnson, E. B. Pascrell Shows Wilson Boucher Farr Johnson, Sam Pastor Simmons Wolf b 1151 Boyd Fattah Jones (NC) Paul Simpson Woolsey Mr. TAYLOR of Mississippi changed Brady (PA) Ferguson Jones (OH) Payne Skeen Wu Brady (TX) Filner Kanjorski Pelosi Skelton Wynn his vote from ‘‘nay’’ to ‘‘yea.’’ Brown (OH) Flake Kaptur Pence Slaughter Young (AK) So (two-thirds having voted in favor Brown (SC) Fletcher Kelly Peterson (MN) Smith (MI) Young (FL) thereof) the rules were suspended and Bryant Foley Kennedy (RI) Burr Ford Kerns NAYS—2 the concurrent resolution was agreed Burton Fossella Kildee to. Buyer Frank Kilpatrick Hefley Taylor (MS) The result of the vote was announced Callahan Frelinghuysen Kind (WI) as above recorded. Calvert Frost King (NY) NOT VOTING—16 Camp Gallegly Kingston Becerra McHugh Sessions A motion to reconsider was laid on Cantor Ganske Kirk Brown (FL) Mica the table. Capito Gekas Kleczka Sisisky Cannon Moakley Capps Gephardt Knollenberg Taylor (NC) f Gordon Morella Capuano Gibbons Kolbe Weldon (FL) Keller Rothman Cardin Gilchrest Kucinich ANNOUNCEMENT BY THE SPEAKER Kennedy (MN) Scarborough Carson (IN) Gillmor LaFalce PRO TEMPORE Carson (OK) Gilman LaHood The SPEAKER pro tempore (Mr. Castle Gonzalez Lampson b 1201 Chabot Goode SIMPSON). Pursuant to clause 8, rule Langevin Chambliss Goodlatte Lantos XX, the Chair will reduce to 5 minutes Clay Goss Largent So (two-thirds having voted in favor the minimum time for the electronic Clayton Graham Larsen (WA) thereof) the rules were suspended and vote on each additional motion to sus- Clement Granger Larson (CT) the bill, as amended, was passed. Clyburn Graves Latham pend the rules on which the Chair has Coble Green (TX) LaTourette The result of the vote was announced postponed further proceedings. Collins Green (WI) Leach as above recorded. f Combest Greenwood Lee Condit Grucci Levin A motion to reconsider was laid on Conyers Gutierrez Lewis (CA) PREVENTING ELIMINATION OF the table. CERTAIN REPORTS Cooksey Gutknecht Lewis (GA) Costello Hall (OH) Lewis (KY) Stated for: The SPEAKER pro tempore. The Cox Hall (TX) Linder pending business is the question of sus- Coyne Hansen Lipinski Mr. KENNEDY of Minnesota. Mr. Speaker, Cramer Harman LoBiondo pending the rules and passing the bill, Crane Hart Lofgren on rollcall No. 54 I was inadvertently detained. H.R. 1042, as amended. Crenshaw Hastings (FL) Lowey Had I been present, I would have voted ‘‘yea.’’

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00022 Fmt 0688 Sfmt 9920 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4127 MARITIME POLICY IMPROVEMENT Kucinich Obey Shimkus business is the question of the Speak- LaFalce Olver Shows ACT OF 2001 LaHood Ortiz Simmons er’s approval of the Journal of the last The SPEAKER pro tempore (Mr. Lampson Osborne Simpson day’s proceedings. Langevin Ose Skeen Pursuant to clause 1, rule I, the Jour- SIMPSON). The pending business is the Lantos Otter Skelton nal stands approved. question of suspending the rules and Largent Owens Slaughter passing the bill, H.R. 1098. Larsen (WA) Oxley Smith (MI) f Larson (CT) Pallone Smith (NJ) The Clerk read the title of the bill. Latham Pascrell Smith (TX) REMOVAL OF NAME OF MEMBER The SPEAKER pro tempore. The LaTourette Pastor Smith (WA) AS COSPONSOR OF H.R. 459 question is on the motion offered by Leach Payne Snyder Mr. LARSEN of Washington. Mr. the gentleman from New Jersey (Mr. Lee Pelosi Solis Levin Pence Souder Speaker, I ask unanimous consent that LOBIONDO) that the House suspend the Lewis (CA) Peterson (MN) Spence the gentleman from California (Mr. rules and pass the bill, H.R. 1098, on Lewis (GA) Peterson (PA) Spratt LEWIS) be removed as a cosponsor of which the yeas and nays are ordered. Lewis (KY) Petri Stark Linder Phelps Stearns H.R. 459. This will be a 5-minute vote. Lipinski Pickering Stenholm The SPEAKER pro tempore. Is there The vote was taken by electronic de- LoBiondo Pitts Strickland objection to the request of the gen- vice, and there were—yeas 415, nays 3, Lofgren Platts Stump tleman from Washington? Lowey Pombo Stupak not voting 14, as follows: Lucas (KY) Pomeroy Sununu There was no objection. [Roll No. 55] Lucas (OK) Portman Sweeney f Luther Price (NC) Tancredo YEAS—415 Maloney (CT) Pryce (OH) Tanner SPECIAL ORDERS Abercrombie Cooksey Graves Maloney (NY) Putnam Tauscher Ackerman Costello Green (TX) Manzullo Quinn Tauzin The SPEAKER pro tempore (Mr. Aderholt Cox Green (WI) Markey Radanovich Terry SIMPSON). Under the Speaker’s an- Akin Coyne Greenwood Mascara Rahall Thomas nounced policy of January 3, 2001, and Allen Cramer Grucci Matheson Ramstad Thompson (CA) under a previous order of the House, Andrews Crane Gutierrez Matsui Rangel Thompson (MS) Armey Crenshaw Gutknecht McCarthy (MO) Regula Thornberry the following Members will be recog- Baca Crowley Hall (OH) McCarthy (NY) Rehberg Thune nized for 5 minutes each. Bachus Cubin Hall (TX) McCollum Reyes Thurman f Baird Culberson Hansen McCrery Reynolds Tiahrt Baker Cummings Harman McDermott Riley Tiberi THE GOVERNMENT’S APPETITE Baldacci Cunningham Hart McGovern Rivers Tierney Baldwin Davis (CA) Hastings (FL) McInnis Rodriguez Toomey FOR LAND Ballenger Davis (FL) Hastings (WA) McIntyre Roemer Towns The SPEAKER pro tempore. Under a Barcia Davis (IL) Hayes McKeon Rogers (KY) Traficant previous order of the House, the gen- Barr Davis, Jo Ann Hayworth McKinney Rogers (MI) Turner Barrett Davis, Tom Hefley McNulty Rohrabacher Udall (CO) tleman from Tennessee (Mr. DUNCAN) is Bartlett Deal Herger Meehan Ros-Lehtinen Udall (NM) recognized for 5 minutes. Barton DeFazio Hill Meek (FL) Ross Upton Mr. DUNCAN. Mr. Speaker, a few Bass DeGette Hilleary Meeks (NY) Roukema Vela´ zquez Bentsen Delahunt Hilliard Menendez Roybal-Allard Visclosky days ago, I did a Special Order about a Bereuter DeLauro Hinchey Millender- Royce Vitter tax cut and how one can never satisfy Berkley DeLay Hinojosa McDonald Rush Walden government’s appetite or demand for Berman DeMint Hobson Miller (FL) Ryan (WI) Walsh money. I said then that if we gave Berry Deutsch Hoeffel Miller, Gary Ryun (KS) Wamp Biggert Diaz-Balart Hoekstra Miller, George Sabo Waters every department and agency double Bilirakis Dicks Holden Mink Sanchez Watkins what they got the year before, they Bishop Dingell Holt Mollohan Sanders Watt (NC) might be happy for a short time, but Blagojevich Doggett Honda Moore Sandlin Watts (OK) Blumenauer Dooley Hooley Moran (KS) Sawyer Waxman they would soon be back crying about Blunt Doolittle Horn Moran (VA) Saxton Weiner a shortfall in funding. Everyone sup- Boehlert Doyle Hostettler Morella Schaffer Weldon (PA) ports education, for example, and I cer- Boehner Dreier Houghton Murtha Schakowsky Weller tainly do. Bonilla Duncan Hoyer Myrick Schiff Wexler Bonior Dunn Hulshof Nadler Schrock Whitfield b 1215 Bono Edwards Hunter Napolitano Scott Wicker Borski Ehlers Hutchinson Neal Sensenbrenner Wilson But you almost never hear the fact Boswell Ehrlich Hyde Nethercutt Serrano Wolf that education spending has gone up at Boucher Emerson Inslee Ney Shadegg Woolsey a rate many times the rate of inflation Boyd Engel Isakson Northup Shaw Wu Brady (PA) English Israel Norwood Shays Wynn over the last several years. Brady (TX) Eshoo Issa Nussle Sherman Young (AK) But I want to expand today on some- Brown (OH) Etheridge Istook Oberstar Sherwood Young (FL) thing else that I mentioned in that spe- Brown (SC) Evans Jackson (IL) cial order of a few days ago, and that is Bryant Everett Jackson-Lee NAYS—3 Burr Farr (TX) Flake Paul Taylor (MS) government’s appetite for land. Burton Fattah Jefferson Just as you can never satisfy govern- NOT VOTING—14 Buyer Ferguson Jenkins ment’s appetite for money, you can Callahan Filner John Becerra McHugh Sessions never satisfy government’s desire for Calvert Fletcher Johnson (CT) Brown (FL) Mica Sisisky Camp Foley Johnson (IL) Cannon Moakley Taylor (NC) land. They always want more, and they Cantor Ford Johnson, E. B. Gordon Rothman Weldon (FL) have been getting it at what people Capito Fossella Johnson, Sam Keller Scarborough should realize is an alarming rate. Capps Frank Jones (NC) Capuano Frelinghuysen Jones (OH) b 1209 Today, over 30 percent of the land in Cardin Frost Kanjorski So (two-thirds of those present hav- the United States is owned by the Fed- Carson (IN) Gallegly Kaptur eral Government. Another almost 20 Carson (OK) Ganske Kelly ing voted in favor thereof) the rules Castle Gekas Kennedy (MN) were suspended and the bill was passed. percent is owned by State and local Chabot Gephardt Kennedy (RI) The result of the vote was announced governments or quasi-governmental Chambliss Gibbons Kerns as above recorded. agencies. Clay Gilchrest Kildee So today you have about half the Clayton Gillmor Kilpatrick A motion to reconsider was laid on Clement Gilman Kind (WI) the table. land in some type of public or govern- Clyburn Gonzalez King (NY) f mental ownership. Coble Goode Kingston The most alarming thing is the speed Collins Goodlatte Kirk THE JOURNAL with which this government greed for Combest Goss Kleczka Condit Graham Knollenberg The SPEAKER pro tempore. Pursu- land has grown over the past 30 years Conyers Granger Kolbe ant to clause 8, rule XX, the pending or 40 years.

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4128 CONGRESSIONAL RECORD—HOUSE March 21, 2001 Another alarming aspect of this We have way too many industrial tomorrow with my former secretary of trend is the growing number of restric- parks in this country today. States and state colleagues who are presently now tions that government at all levels is local governments, which do almost in the House and the Senate. putting on the land that does remain in nothing for older small businesses, will I am pleased to introduce legislation private hands. give almost anything to some big com- today to improve the voting process for A few years ago, the National Home pany to move from someplace else. millions of elderly Americans and per- Builders Association told me if there Is it right for governments to take sons with disabilities. was strict enforcement of the wetlands property for very little paid to small In every election year, many of these rules and regulations, over 60 percent farmers and then give it to big foreign people stay at home, stay away from of the developable land would be off or multinational companies or even to the polls, not from apathy but from limits for homes. big companies to develop resort areas concern about their ability to cast a Now some who already have nice for the wealthy? I do not think so. vote independently. The elderly and homes might think this would be good, One of the most important things we visually impaired may not be able to to stop most development. But you need to do to insure future prosperity decipher small print or confusing bal- cannot stop it, because the population is to stop government at all levels from lots, and people in wheelchairs may keeps growing, and people have to have taking over more private property. have difficulty maneuvering in older someplace to live. Anyone who does not understand this voting booths. So what happens? When government should read a book called The Noblest Unfortunately, this problem is perva- keeps buying and restricting more and Triumph, Property and Prosperity sive throughout the United States. more land, it does two things: It drives Through the Ages by Tom Bethell. The With nearly one in five Americans hav- up the costs and causes more and more whole book is important, but a couple ing some level of disability and ap- people to be jammed closer and closer of brief excerpts: The Nobel Prize win- proximately 35 million Americans over together. ning economist Milton Friedman has the age of 65, we must act now to en- First, it drives up land and building said, ‘‘You cannot have a free society sure that our voting system is acces- costs so that many young or lower in- without private property? Recent im- sible to all Americans. come families are priced out of the To ensure that Americans are not migrants have been delighted to find housing market, especially for new discouraged from voting because of you can buy property in the United homes. outdated voting equipment and inac- States without paying bribes. Second, it forces developers to build cessible voting places, I am intro- The call for secure property rights in on smaller and smaller postage-stamp- ducing the Voting Opportunity through Third World countries today is not an size lots or build townhouses or apart- Technology and Education, or VOTE, ments. attempt to help the rich. It is not the Act. This measure would require the Do you ever wonder why subdivisions property of those who have access to Federal Election Commission to estab- built in the 1950s or 1960s often have big Swiss bank accounts that needs to be lish voluntary accessibility and ease- yards and now new subdivisions do not, protected. It is the small and insecure of-use standards for polling places in or why new homes that should cost $50 possessions of the poor. voting equipment. a square foot now cost $100 a square This key point was well understood In 1984, Congress passed the Voting foot or more? It is in large part because by Pope Leo XIII who wrote that the Accessibility for the Elderly and government keeps buying or restrict- fundamental principle of socialism, Handicapped Act. This legislation re- ing so much land. which would make all possessions pub- quired that all polling places in the This trend is causing more and more lic property, is to be utterly rejected United States be made accessible to people to be jammed into smaller and because it injures the very ones whom the elderly and the disabled, but pro- smaller areas, increasing traffic, pollu- it seeks to help.’’ vided the FEC with little enforcement tion, crime, and just an overall feeling Over the years, when government has taken power. With the establishment of the of being overcrowded. private property, it has most often taken it new accessibility and ease-of-use It is sometimes referred to as the from lower and middle income people and standards in my VOTE Act, the FEC urban sprawl, and environmental ex- small farmers. Today, federal, state and local would be able to provide secretaries of tremists are attacking it because they governments, and quasi-governmental agen- state and election administrators with know it is unpopular, but they are the cies now own about half the land in this Na- more information and support services very people who have caused it. tion. The most disturbing thing is the rapid rate to help them comply with accessible Most of these environmental extrem- at which this taking has increased in the last laws. ists come from very wealthy families, 40 years. Environmentalists who have sup- Additionally, the voting technology and they probably have nice homes al- ported most of this should realize that the industry could use these standards to ready or even second homes in the worst polluters in the world have been the so- ensure that their products may be cor- country. cialist nations, because their economies do rectly used by all Americans at the But it is not fair and it is not right, not generate enough income to do good polls. Finally, the VOTE Act would Mr. Speaker, for the people who al- things for the environment, and that private provide grants to States so that they ready have what they want to demand property is almost always better cared for than may improve their voting systems and policies that drive up the costs and put public property and at a much lower cost. educate poll workers and voters about an important part of the American f the availability and benefits of these dream out of reach for millions of new technologies. younger or lower income people. ELECTION REFORM Mr. Speaker, I know first-hand how Make no mistake about it, when gov- The SPEAKER pro tempore (Mr. modern voting systems can increase ernment buys or restricts more and SIMPSON). Under a previous order of the voter turnout and improve accuracy. more land, it drives up the costs of the House, the gentleman from Rhode Is- As a secretary of state for the State of rest of the land. And this hurts poor land (Mr. LANGEVIN) is recognized for 5 Rhode Island, I was the chief architect and lower income and middle income minutes. of a plan to upgrade the State’s voting people the most. Mr. LANGEVIN. Mr. Speaker, last system and equipment. The replace- Even those forced to live in apart- week, I announced the introduction of ment of outdated lever machines with ments are hurt, because apartment de- a resolution calling on Congress to optical scan equipment and Braille and velopers have to pass their exorbitant enact meaningful election reform legis- tactile ballots helped increase voter land and regulatory costs on to their lation. turnout and significantly reduced tenants. When government takes land, Today, I am proud to introduce an- chances of error. they almost always take it from poor other measure on election reform and To highlight this equipment, as well or lower income people or small farm- to announce an important voting tech- as other voting technologies now avail- ers. nology demonstration I am sponsoring able, I am joining former secretaries of

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4129 state now in Congress, the gentleman leading causes of death, guns are the zona. That is because Bret was a life- from Missouri (Mr. BLUNT) and the gen- only consumer product in America, ex- long outdoors enthusiast. He loved tleman from Ohio (Mr. BROWN), in cept tobacco, which are exempt from hunting and fishing. He loved nature. hosting the voting technology dem- health care and safety regulations. But most of all, he loved his family, onstration on Thursday, March 22. Sadly, guns continue to be exempt and he loved being a public servant. There we will address our own work at from Federal oversight, and consumer Mr. Speaker, all too often, during the the State level to improve voting ac- protection laws continue to be tougher course of political discourse, we de- countability and accuracy and dem- on toy guns than on real guns. scribe elective office as public service. onstrate the various forms of election The history of consumer product reg- Mr. Speaker, how incomplete a defini- equipment, including punchcard ballot, ulation teaches us that significant tion that is. Public service can take optical scan and direct recording elec- numbers of death and illnesses can be many forms. The citizen can volunteer. tronic systems. preserved when health and safety regu- He can be involved in civic clubs or Mr. Speaker, I encourage all of my lations exist. The Poison Prevention spiritual organizations. Yet the ulti- colleagues to attend this educational Packaging Act requires child-resistant mate public service all too often comes event, as it will help prepare us for a packaging. The Consumer Federation from our public safety officers who nationwide discussion on election re- of America estimates that more than here at home are called upon to put form. Additionally, I ask that my col- 700 children have avoided accidental their lives on the line. leagues join me in supporting this poisonings. Also, the introduction of So it was one week ago on a Wednes- VOTE Act to make voting one of the sleep wear and toy standards have day with the sun shining and the flow- greatest expressions of civic participa- saved children’s lives. ers blooming and spring training and tion available on an equal basis to all I ask my colleagues to join me in the all the frenetic activity so common to Americans. bill that I introduced last week, the the desert southwest that an event f Child Handgun Injury Prevention Act, sadly too common, a fire in uncommon and tragic fashion, ended the life of an REINTRODUCTION OF CHILD HAND- H.R. 1014. It requires manufacturers’ safety devices. uncommon man. GUN INJURY PREVENTION ACT, Colleagues describe Bret Tarver as a We introduced it in another bill that H.R. 1014 gentle giant, a man who stood over 6 requires training to entitle you to have feet 3 inches, who tipped the scales at The SPEAKER pro tempore. Under a licenses. H.R. 1014 requires the Sec- well over 200 pounds, who had tremen- previous order of the House, the gentle- retary of the Treasury to mandate all woman from Indiana (Ms. CARSON) is dously big hands, but often would enve- newly manufactured handguns come lope the tiny hands of his daughters recognized for 5 minutes. equipped with child safety devices, and Ms. CARSON of Indiana. Mr. Speak- and other kids on their soccer team in it would establish a Federal standard er, we continue to observe school his own, one who inspired trust, one for the devices. shootings, and I am concerned that we who worked tirelessly in his chosen We can do nothing less than to en- have yet to pass strong gun safety leg- profession as a fire fighter. sure the future safety of our children islation. Mr. Speaker, when so many of that Despite recent polls by CBS and the and prevent them from unintentional calling have come to Washington this New York Times which suggest that 70 handgun injury. We need to require week, perhaps the greatest tribute we percent of American people favor safety devices that meet the rigid tests can pay to the memory of Bret Tarver stricter handgun laws, Congress con- by the Department of the Treasury. is to pause and appreciate the service tinues to ignore the public’s concerns. I encourage each Member of the and the sacrifice of every one of those January 10, in Ventura County, Cali- House of Representatives to join me in fire fighters who put their lives on the fornia, a 17-year-old student held a this effort. line who in so many ways, in so many classmate at gunpoint during the f manifestations, work for the public school’s lunch break. The gunman was good and the public safety, and who b 1230 fatally wounded by police. sadly, in the case of Bret Tarver, pay January 12, 2001, in my district, Indi- TRIBUTE TO BRET TARVER the ultimate sacrifice as a part of pub- anapolis, Indiana, a 4-year-old boy shot lic service. The SPEAKER pro tempore (Mr. himself with a pistol he found in his Mr. Speaker, I know my colleagues SIMPSON). Under a previous order of the mother’s pocketbook. join me in expressing sympathies and February 7, 2001 in Dallas, Texas, a House, the gentleman from Arizona encouraging prayer for Bret’s widow, 14-year-old boy fired a gun in the direc- (Mr. HAYWORTH) is recognized for 5 Robin, for his three daughters, for the tion of classmates while on school minutes. strapping brothers that made up an ac- grounds. Mr. HAYWORTH. Mr. Speaker, Phoe- tive household years ago who mourn March 6, in Santee, California, a 15- nix, Arizona, has now grown to be the his loss, for his parents, for his fellow year-old boy took a .22-caliber long- sixth largest city in our country. Yet fire fighters, and for the people of barrel revolver from his father’s locked over the course of the last 7 days, the Phoenix and the surrounding area. collection of weapons and killed two entire city and surrounding areas have Mr. Speaker, we pause to remember schoolmates, while injuring 13 others. seen the frenetic pace of life come vir- Bret Tarver, his sacrifice, his legacy, March 7, this year, Williamsburg, tually to a standstill as the community and the shining example of true public Pennsylvania, a 14-year-old girl shot a has paused to honor one of our fallen service that he represented so well and female classmate in the shoulder in the fire fighters. so faithfully. A week ago today, in responding to a cafeteria of a parochial school. f March 7, Prince Georges County, blaze at a supermarket, Phoenix fire Maryland, a 14-year-old boy shot and fighter Bret Tarver gave his life. For TIME TO MOVE TOWARDS ENERGY wounded another teenager outside his wife, Robin, for their three young INDEPENDENCE IN OUR COUNTRY Largo Senior High School. daughters, for the Phoenix Fire De- The SPEAKER pro tempore. Under a From 1987 to 1996, nearly 2,200 Amer- partment, for brother and sister fire previous order of the House, the gen- ican children, 14 years of age and fighters across the country and for all tleman from Texas (Mr. GREEN) is rec- younger, died from unintentional Arizonans, this is an exceptional loss. ognized for 5 minutes. shootings. What are we waiting for? We Bret Tarver was born 40 years ago in Mr. GREEN of Texas. Mr. Speaker, I must not allow these tragedies to be- what is now the 6th Congressional Dis- would like to join the gentleman from come an everyday part of American trict of Arizona in Cave Creek. He and Arizona (Mr. HAYWORTH) because, last life. We must not be apathetic. his wife, Robin, and their daughters re- year, the city of Houston lost two fire- While firearm fatalities cost America cently made their home in another fighters. It is appropriate that we re- more money than any of the other four area of the district, Queen Creek, Ari- member the Tarver family and their

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4130 CONGRESSIONAL RECORD—HOUSE March 21, 2001 sacrifice, because having experienced As a Member of Congress from Hous- Mr. Speaker, I hope my colleagues two fire fighters’ loss of life last year ton, Texas, I know firsthand that the will join me in cosponsoring H.R. 39. It and again having fire fighters up here drilling technologies have continued to is time to move towards energy inde- this week with us, we join in that. improve. In fact, we have been and con- pendence in our country. I rise today, though, to talk about tinue drilling and production in the f the energy crisis affecting our country Gulf of Mexico. Technology has al- NURSING SHORTAGE and steps that need to be taken to in- lowed us to go deeper and also do it crease our exploration, production, and more efficiently and safely. The SPEAKER pro tempore. Under a delivery of energy. I want to try and As equipment and techniques ad- previous order of the House, the gentle- cool some of the rhetoric that I believe vance, the percentage of recoverable woman from California (Mrs. CAPPS) is is slowing down the process of trying oil will also increase. Industry now has recognized for 5 minutes. to find a comprehensive energy solu- the technology to reduce the amount of Mrs. CAPPS. Mr. Speaker, I rise to tion. land impacted by new oil development. bring to the attention of the House the First, at this moment, insufficient North Slope drillers routinely drill impending shortage of nurses. I am one supplies of natural gas are threatening directional wells that reach out 4 miles of three nurses currently serving in to produce widespread shortages, not from the surface of the rig. That means Congress. Before I was elected, I served only in California and the West, but that one production pad on the surface the people of Santa Barbara as a public throughout our country this summer. can produce from 64 square miles of health nurse over 20 years. My experience gives me a distinct This shortage can be traced to the subsurface oil fields. So you do not perspective on nursing issues. I know oversupply of natural gas 2 years ago. have the imprint of that facility. Everyone likes to point the finger at The decision to support drilling in firsthand the challenges facing the energy producers when prices are high; ANWR was not made just on the need nursing profession and the consequences if we fail to meet them. but no one seems to care when, a year to utilize energy resources alone. I Nurses are the first line of defense in or two ago, we could not even give nat- have been to ANWR. I have seen the our health care system, and the impor- ural gas away. Those extremely low environment and have witnessed first- prices 2 years ago stopped exploration tance of this role cannot be overstated. hand the diversity of life that lives Today the nursing community is fac- activities and forced many natural gas there, even during August, Mr. Speak- producers to cap marginally-producing ing a dire situation. There is currently er, and met with the Alaskans that live an ongoing shortage of nurses in the wells. the closest to the ANWR refuge. The laws of supply and demand work, work force. In the past, this type of I would not support this legislation if and it did not stay out of balance for shortage has been resolved when pay I did not feel that we could confidently too long. We thought that cheap nat- and benefits have risen enough to at- with our ability safely extract oil in an ural gas would last forever in the build- tract new nurses into the field. But environmentally sound manner. ing spree; and with our encouragement, that is not the case this time. While Careful development of ANWR under because it is safer and cleaner, new some compensation levels have been strict regulatory guidelines can pro- natural gas generators highlighted this rising, these improvements have not vide our Nation with a vital resource belief that natural gas would be cheap. attracted enough nurses back into So today around our country, the de- while minimizing the environmental practice. mand for natural gas has far out- impact on the coastal plain and its We are also facing a looming crisis in stripped the supply, and we need to re- wildlife. a profession that will strain the health spond to this shortfall. Our experiences on Alaska’s North care system and threaten the quality Staying in front of our energy needs Slope provide strong evidence that oil of care. We have an aging nursing work is the key to avoiding high cost. Explo- and gas development in nearby ANWR force and a dwindling supply of new ration and production of domestic en- would pose little threat to the ecology nurses. Right now, the average age of ergy sources are the keys to staying in of the coastal plain. The record is employed registered nurses is 43 years. front along with more efficient use of clear. Air quality is good. The drilling By 2010, 40 percent of the RN work our domestic energy. wastes have been well managed, and force will be over 50. While we are behind on natural gas wildlife and their habitat have been Unfortunately, and in contrast, the production, I need to remind everyone minimally impacted. number of young nurses is decreasing. we will soon also be behind on oil pro- The debate on this issue has been Under 30 years of age, it has now deduction as well. Last summer’s high heated and will get even more heated. clined by 41 percent. With this com- gasoline prices are only a taste of what But many of the arguments being made bination, we are facing an incredible is to come. Already we have heard that in opposition to opening ANWR were shortfall of well-trained, experienced OPEC plans to cut production in an at- raised at the time Prudhoe Bay and the nurses in all fields. tempt to maintain a stable world oil North Slope development was being To make matters worse, this will price. Demand in this country easily considered. Today we are much better happen just as the 78 million members outstrips the supply, and we have no than we were those many years ago. of the baby boom generation begin to cushion to fall back on during times of Most experts have acknowledged that retire and need an even greater amount a tight supply. Prudhoe Bay has been, and continues of health care. It is for these reasons that we must to be, a success story. In my home State of California, the take steps to stay ahead of our oil I keep going back to the same point, problem is even worse. Less than 10 curve and tap more domestic sources of we can extract this vital resource while percent of the RN work force back production. Specifically, I have agreed at the same time safeguarding the en- home is under the age of 30, and nearly to cosponsor H.R. 39, the Arctic Coast- vironment and other resources in that a third are over the age of 50. Cali- al Plain Domestic Energy Security Act region. After careful consideration, the fornia already ranks 50th among the of 2001. The coastal plain of the Arctic answer should be yes. Extracting oil States in RNs per capita. Natural Wildlife Refuge, known as from ANWR will have positive benefits Part of the problem is that the nurs- ANWR, is said to contain between 5.7 for American consumers. ing work force is so homogeneous. The and 16 billion barrels of recoverable oil. I do not dismiss the concerns in the vast majority of nurses are white If the upper 16 billion barrels of recov- environmental community, but many women. Fifty years ago, a smart young erable reserve can be extracted, it rep- of the arguments again were made at woman had only a handful of career op- resents 20 years of oil which we will the same time when we were doing it tions available to her, including nurs- not have to import from other parts of for North Slope. The environment has ing. But as our society’s views on wom- the world. I want to emphasize that been safeguarded on North Slope. I been’s equality have progressed, we have these reserve numbers are also consid- lieve with advances in drilling tech- not escaped the perception that nurs- ered very conservative. nology, we will be safer with ANWR. ing is women’s work.

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4131 As young women have explored dif- need for national action on them is material. The virus can persist in con- ferent careers, very few young men equally evident. taminated fodder in the environment have entered the nursing work force to Mr. Speaker, I hope my colleagues for up to 1 month depending on the replace them. So right now less than 6 will join me in this effort so we can temperature and various other condi- percent of the nursing work force is achieve a bipartisan solution to these tions. comprised of men. problems. The disease causes blisters in the Likewise, even though the percent- f mouth and on the feet of the animals. age of minorities in our national work It causes them to drool. It causes them FOOD SAFETY IN THE UNITED force has arisen close to 25 percent, mi- to be lame. Let me repeat, the disease STATES AS IT RELATES TO THE norities still only represent 10 percent does not affect humans. This disease MEAT INDUSTRY of RNs. causes debilitation if the animal lives, In order to deal with this looming The SPEAKER pro tempore (Mr. and it frequently results in death to shortage, we are going to need to ad- SIMPSON). Under the Speaker’s an- the animal. The disease is not new, and dress a number of issues and to be very nounced policy of January 3, 2001, the it has been fairly widespread around creative in our solutions. We need to gentleman from Iowa (Mr. GANSKE) is the world. It was not, however, promi- draw more people into the profession, recognized for 60 minutes as the des- nent in areas with extensive agricul- particularly the young men and women ignee of the majority leader. tural trade with the United States at the high school level who are just Mr. GANSKE. Mr. Speaker, just as a until the recent outbreak in Great choosing their career paths. We need to courtesy to whoever may follow, I will Britain and Northern Europe. reach out to minorities and disadvan- probably take about 20 minutes on this Let me make a point. There are cur- taged youth. We need to retain those special order. rently no cases of foot-and-mouth dis- nurses who are already in the work Mr. Speaker, you cannot help but no- ease in the United States. But histori- force. We need to make sure we have tice a myriad of headlines touting cally there have been nine outbreaks of enough nursing school faculty, mentors gloom and doom on the horizon for our foot-and-mouth disease in our country. and preceptors to properly educate and Nation’s future. Whether it is foot-and- The last outbreak in the United States train our work force. mouth disease threatening the world’s occurred in 1929. According to the Ani- livestock, the downturn in the world’s mal, Plant and Health Inspection Serv- b 1245 economy, or the energy crisis that is ice, livestock animals in the United I have been working with various jacking up home heating costs to real- States are highly susceptible to the working groups, with Senator JOHN ly high levels, many of my constitu- foot-and-mouth disease virus. If an out- KERRY, and other Members of Congress ents wonder where to turn for answers. break were to occur in our country, it to develop a set of measures that can Well today, Mr. Speaker, I would pro- would be essential to detect and eradi- help deal with both the immediate and pose that America take a second look cate it immediately. If it were to the long-term problems that we face. at its backbone, agriculture, as agri- spread across the country, our live- Soon I will be introducing comprehen- culture relates to some of these issues. stock industry could suffer enormous sive legislation to address these short- So the first topic I would like to dis- economic losses. The disease could ages. cuss is food safety. The United States spread to deer and other wildlife mak- This legislation will include pro- has one of the safest food supplies in ing it even more difficult to eradicate, posals to improve access to nursing the world. Prior to coming to Congress so it is crucial that we keep the virus education, to create partnerships be- I was a physician and I am a father and from entering the United States. tween health care providers and edu- I have a very keen interest in the issue We have always prohibited infected cational institutions, to support nurses of food safety. A few years ago, I was animals and infected animal by-prod- as they seek more training, and to im- on an overseas surgical mission; and ucts from entering the country, but in prove the collection and analysis of instead of just bringing back good response to the recent serious outbreak data about the nursing workforce. memories, I brought back a case of en- in Europe, the USDA has taken the fol- But we will also need to look at cre- cephalitis which I may have picked up lowing actions: Number one, USDA has ative new ideas to truly address this from food overseas. temporarily prohibited the importa- problem. In my home town, Santa Bar- When I came to Congress, I cospon- tion of swine and other ruminants, and bara, Cottage Hospital and Santa Bar- sored and helped pass the Food Quality any fresh swine or ruminant meat and bara City College have joined with San Protection Act. It established new safe- other products of swine and ruminants Marcos High School to create a health ty standards for the use of pesticides from the European Union. academy. This is a perfect example of and required the EPA to use sound Number two, USDA is preventing the kind of creative solution we need. science in making its decisions. We all travelers entering the United States In their sophomore year, 60 students have a great stake in helping to ensure from carrying any agricultural prod- will start taking health-care courses that our food supply is safe. ucts, particularly animal products, taught by professionals from the hos- There have been concerns about the that could spread the disease. The pital and college. When they graduate, safety of food with the spread of two USDA has mandated that travelers re- they can be certified nursing assistants diseases in Europe related to the live- port any farm contact to Customs and or continue their nursing education in stock and meat industry: Foot-and- USDA officials. All baggage is subject SBCC’s 2-year nursing education RN mouth disease and mad cow disease. to inspection with penalties for viola- program. For its first class in this high Both of these diseases, believe me, are tions of up to $1,000. school, there are already 128 applicants being taken very seriously by the Number three, the USDA has estab- for those 60 spaces. United States Department of Agri- lished a team of 40 academic and gov- This program can serve to recruit culture, the USDA, and the livestock ernment experts to evaluate, monitor young men and women into the nursing industry. A little bit of background is and assist in containment efforts. profession as well as change in order. Number four, the USDA has placed misperceptions among other students Foot-and-mouth disease does not additional inspectors and dog teams at and teachers about the value of a nurs- pose a threat to humans, but it is dev- airports and other ports of entry to ing career. With support, this program astating to livestock herds. The disease check incoming passengers, luggage could be replicated in other high-need attacks cattle, swine, sheep, deer, and cargo. They have stationed USDA areas, or other types of public-private goats and other cloven-hoofed animals. officials worldwide to monitor reports partnerships could be developed. The disease is caused by a virus that is of the disease. The challenges we face in the nursing very contagious and can be spread by Number five, the USDA has con- and public health communities are be- physical contact between infected ani- ducted a widespread public education coming more and more evident and the mals and people, animals and other campaign to make the public more

VerDate jul 14 2003 10:32 Feb 16, 2005 Jkt 039102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 4132 CONGRESSIONAL RECORD—HOUSE March 21, 2001 aware of this disease and the steps that also began an active surveillance effort plan to ask for increased funding for we can all take to help keep our coun- to examine the brains of U.S. cattle for the Centers for Disease Control for sur- try free of this animal disease. possible signs of disease. veillance of prion diseases to bring us Mr. Speaker, this is a serious matter In 1993, they expanded their surveil- up to the level being spent for research and I hope that my remarks today are lance to include what are called ‘‘down- in other countries. I have also met helpful in that public education effort. er’’ cows. These are cows that fall down with officials from the USDA and rep- Now, in addition to foot-and-mouth from a disease, frequently on the resentatives of the cattle industry re- disease, there have also been concerns slaughterhouse floor, not just cows garding this problem. I am also willing about the cattle disease bovine that were acting unusual. to support additional measures if the spongiform encephalopathy, or what is In 1997, the USDA moved to prohibit Animal and Plant Health Inspection called mad cow disease. It has been fea- the importation of live ruminants, i.e. Service feels that that would be helpful tured in many news stories. It is usu- cattle, and most ruminant products in adding another layer of protection ally portrayed in a very ominous and from all of Europe. The Environmental for our beef supply and for the public’s foreboding manner. Protection Agency also passed regula- health. This is a very serious issue, and Mr. Speaker, I want to make it very tions to prevent the feeding of most it should be dealt with responsibly and clear, there has never been a case of mammalian proteins to ruminants. rationally and calmly. mad cow disease in the United States. In 1998, the USDA entered into an Working to maintain and protect our Not only has no human being ever been agreement with Harvard University to food supplies goes hand in hand with affected by it in the United States, but analyze and evaluate the department’s building the United States’ reputation no cow has ever been infected by it in prevention measures. as a reliable supplier of food products the United States, and that is not a co- In 1999 and again in 2000, the USDA to the rest of the world. This, Mr. incidence. The USDA and the cattle in- expanded their surveillance procedures. Speaker, will help strengthen our Na- dustry have taken extensive measures In December of last year, the USDA tion’s agricultural economy and our to keep our beef supply safe. Mad cow prohibited all imports of rendered ani- Nation’s agricultural exports because disease was first discovered in England mal products regardless of species from we have a safe product and other coun- in 1985. Scientists believe that the dis- Europe. The restriction applied to tries are going to want that safe prod- ease began when remains of sheep that products originating, rendered, proc- uct. had suffered from a neurologic disease essed or otherwise associated with Eu- In light of the hoof and mouth dis- called scrapie were used as cattle feed. ropean products. ease in other parts of the world, it is Cows developed a neurologic disease Last month, the USDA suspended im- even more important, in my opinion, to called bovine spongiform portation of processed beef and associ- grant President Bush what is called encephalopathy after eating the con- ated products from Brazil, not because ‘‘fast track’’ trade authority. Every taminated feed. It is not otherwise con- there was evidence of disease in Brazil, President should be granted the oppor- tagious between animals. Scrapie is but because they could not document tunity to negotiate a treaty in good found in some sheep in the United that they were taking all steps to pre- faith with a foreign government. Con- States, but it has never caused any vent the disease in Brazil. gress should have renewed that author- health problems in humans. The USDA has trained more than 250 ity when it expired in 1994. In trade Mad cow disease in cattle causes a State and Federal field veterinarians meetings, it is very important for all certain type of protein called prions, a throughout the United States to recog- the negotiators to know that Congress normal part of human and animal nize and diagnose animal diseases, in- will choose either to accept or reject brain, to become deformed. This leads cluding mad cow disease. the treaty without removing or insert- to a degeneration of brain tissue and to In all of that time with the thou- ing provisions. eventual death. In Europe when they sands of cattle that have been tested, Mr. Speaker, this is very important have seen these cases, it has occurred there has never been a single cow found for international trade as it relates to primarily in younger people. Although to have the disease in the United these animal diseases which I have deformed prions are located in brain States. talked about. Other nations are going tissue, eye tissue and spinal cords of There has also been pathology work to be very leery of entering into agree- infected cattle, if humans eat beef done on a systematic basis in the ments of international agricultural products containing those tissues, it is United States to investigate human trade. We must be able to craft a trea- possible for them to contract a form of deaths caused by neurological diseases. ty exactly and to have that treaty the disease. The Center for Disease Control and voted on without change or I am afraid About 90 people in Europe have died Prevention does this for a variety of those foreign governments will not from the human form of the disease public health reasons in the study of want to enter into international trea- which is called Creutzfeldt-Jacob vari- neurologic diseases. There have been ties. Foreign countries are wisely hesi- ant disease. All of those fatalities oc- no cases in the United States where the tant to agree to contentious issues dur- curred in Europe, mostly in Great Brit- patient has died from a variant associ- ing negotiations if they know that ain. I wanted to again point out, there ated with mad cow disease. George later on when they have put their neck have never been any cases in the Gray, a researcher at Harvard School on the line with their own citizens that United States of either humans or ani- of Public Health stated, ‘‘The chance of the treaty could be undercut by mals catching this disease. Why is this becoming a serious health risk in changes or congressional amendments. that? Well, it is because we have been the United States is very low.’’ Mr. Speaker, my home State of Iowa watching for it. The USDA has been is always one of the leading States in doing its job. b 1300 the production of agricultural prod- The USDA began taking steps in 1988 He also said, ‘‘We won’t have a ucts. In a recent year it exported more to prevent the disease from reaching United States’ style epidemic here. It than $3.5 billion in farm commodities the United States beef industry. In just won’t happen.’’ An official of the alone. It is probable that we will export 1989, they banned the importation of World Health Organization agreed. He even more meat if our meat remains live ruminants such as cattle, sheep, said that American officials are ‘‘tak- safe. But this may be short-lived once goats and most ruminant products ing the right measures to prevent the other countries reestablish their live- from countries where mad cow disease occurrence of the disease in their coun- stock and then say from their experi- has been identified. In 1990, they began try.’’ He added that ‘‘the risk in the ence with hoof and mouth disease, educational outreach efforts to veteri- United States is low.’’ ‘‘We’re going to cut off those borders.’’ narians, cattle producers and labora- This is not to say that we should stop The ramifications of a trade slow- tory diagnosticians about the clinical taking steps to further decrease the down based on caution due to animal signs and diagnosis of the disease. They disease from reaching our country. I health concerns is not just a problem

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.000 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4133 for agricultural products, either. If much less what it could be doing to porters for this bill, from all parts of trade agreements are not reached, your body once it gets inside. the country. I would encourage my col- other sectors of the economy are going New York, California and other leagues to sign on to this environ- to be impacted. States have taken action to phase out mentally sound bill. Iowa firms are very active, for in- and ban the chemical. The same action Ethanol production is the third larg- stance, in the area of international fi- has been taken by major cities like est use of corn in the United States, nancial services. Failure to bring trade Chicago. That chemical has got to go. utilizing about 7 percent of the corn agreements to conclusion can impact It is even getting into Iowa’s water crop. Current levels of ethanol produc- their ability to market their products supply as it comes out the exhaust tail tion add 30 cents to the value of a bush- around the world. Right now, the two pipes of cars as they drive across Iowa. el of corn and adds about $4.5 billion to most contentious issues in our inter- The choice then becomes whether we the U.S. farm economy annually. That national trade agreements are agri- make a sensible transition to a cleaner will help us, Mr. Speaker, when we are culture and financial services. And so oxygenate, like ethanol, or just elimi- looking at this budget. By creating an we have a balance going on. nate the clean air standards alto- additional demand for corn, we can It is amazing, Mr. Speaker, how an gether. The reasonable answer is to help ensure that the market price will issue like hoof and mouth disease can turn to ethanol. provide a sufficient return on the cost impact another area before us, such as Opponents argue that the ethanol in- of production to allow the farmer to international trade on financial serv- dustry cannot meet the demand. That break even, hopefully even turn a prof- ices. History proves that the free flow is simply not accurate. The ethanol in- it. That will lessen the need for Federal of goods around the world is beneficial dustry’s annual capacity now exceeds 2 support subsidies that are currently to our economy. Now is not the time billion gallons. needed to keep farmers on the farm. for protectionism. We must have ade- My colleague from New Jersey has That is beneficial for the producer, it is quate safeguards at our borders, but we arrived on the floor. They are even beneficial for the rural economy, and it must also ensure that we are able to building ethanol plants in New Jersey is beneficial to the environment. export our agricultural commodities. these days. You do not need to use I have pursued this cause of ethanol And it is not just for our own finan- corn. You can use vegetable refuse. along with the gentleman from Illinois cial benefit. The Midwest, where I You can use any type of plant mate- (Mr. SHIMKUS). We introduced the come from, is the world’s breadbasket. rial. You can ferment it. You can cre- Clean Air and Water Preservation Act We supply meat and grains to the ate the ethanol. It helps that gasoline of 2001. We have been joined by more world. When we are looking at bur- burn cleaner. It reduces carbon mon- than 30 Members of Congress who have geoning populations around the world, oxide. We have had a great improve- cosponsored this legislation. Our legis- it is very important to prevent famine ment in our Nation’s air supply, and lation would phase out MTBE over 3 that we be able to export our goods. All the EPA will tell you that a large part years. It calls on the EPA to assist in one has to do is look back in history. of it has been due to those clean air dealing with groundwater pollution al- High tariffs and retaliatory trade prac- standards. ready caused by MTBE. It keeps the tices turned an economic downturn in We can supply the ethanol. The eth- oxygenate provisions of the Clean Air the 1930s into the Great Depression, anol industry’s annual capacity now Act intact. And it promotes the use of pushing unemployment to over 30 per- exceeds 2 billion gallons. It has added ethanol. cent. We must make sure that our ani- 226 million gallons of capacity in the At a time when energy is on the Na- mals stay healthy and that we con- last year. It will add another 320 mil- tion’s agenda, let us not ignore the role tinue to promote international trade. lion gallons of capacity this year. Over of ethanol, the clean-burning, home- It is important for the economy. the next 2 years, construction is sched- grown natural fuel source, or the role Mr. Speaker, on a final note, the uled to begin on an additional 1.13 bil- that agriculture plays in our Nation’s Bush administration has faced many lion gallons of additional capacity. prosperity and security. important decisions in its first few Ethanol has twice the oxygen con- months in office. I think one remaining tent of MTBE, and so it will only take f decision will have long-lasting implica- half the volume of ethanol to replace tions. It involves the oxygenate re- it. The Renewable Fuels Association PRESIDENT BUSH’S ANTI- quirements of the Clean Air Act. The believes that about 580 million gallons ENVIRONMENTAL BEHAVIOR EPA is being asked to waive the re- of ethanol will be needed to fill the The SPEAKER pro tempore (Mr. quirement for the State of California. I need in California and that we can SHIMKUS). Under a previous order of the think this would be very damaging if meet California’s target. Ethanol also House, the gentlewoman from Cali- pursued by the administration. I be- provides a great benefit to the rural fornia (Ms. WOOLSEY) is recognized for lieve the President understands the im- economy. 5 minutes. portance of maintaining the current re- We are talking about an energy pol- Ms. WOOLSEY. Mr. Speaker, I rise quirement and that he will choose not icy. We are talking about how depend- this afternoon to highlight some of the to grant a waiver. ent we are on foreign oil. This is a re- serious shortcomings in the Bush ad- I was able to talk to President Bush newable fuel. The United States De- ministration’s environmental arena as directly on Air Force One when he flew partment of Agriculture reported last it relates to national energy plans. back to Iowa recently. I talked to the year that replacing MTBE with ethanol Last month, President Bush stood be- President about the matter of pro- would increase farm income more than fore Congress in these very Chambers moting ethanol and banning a chemical $1 billion annually. It would reduce our and spoke to the American people, say- called MTBE. This is the oxygenate balance of trade deficit by $12 billion ing he would pursue alternative energy that is used in gasoline around most of over the next 10 years. It would create sources and environmentally sound the country. It is an oil-based oxygen- 13,000 new jobs in rural America. It policies to help solve our energy crisis. ate, an oil-based chemical. I think we would reduce farm program costs and In fact, I want to quote the President have to phase that out. loan deficiency payments by creating because he told us, and I quote, ‘‘We The EPA has determined that this an important new value-added market can promote alternative energy sources chemical, MTBE, is a ground water to our grain. Moreover, the USDA con- and conservation, and we must.’’ He contaminant and it is a possible car- cluded that ethanol can replace MTBE was so right. At the time, I thought the cinogen. If you take one teaspoon of used in reformulated fuels nationwide plan sounded too good to be true. Un- that chemical and you put it into an without price increases or supply dis- fortunately, with the recent release of Olympic-size swimming pool, it renders ruptions within the next 3 years. the administration’s budget blueprint, all the water in that swimming pool And so I have a bill before Congress. I realize that it was too good to be undrinkable. The stench is incredible, It has a whole bunch of bipartisan sup- true.

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 4134 CONGRESSIONAL RECORD—HOUSE March 21, 2001 Sadly, the Bush administration’s have brought energy back to the top of administration at the White House on budget blueprint reneges on the com- our Nation’s agenda. The energy short- these very important environmental mitments the President made to pur- age we are experiencing in California is issues. sue renewable energy sources. Head- proof enough that Congress must raise The reason that I am so concerned lines in the Washington Post and other the stakes in search of alternative en- about it, Mr. Speaker, is because we newspapers across the country have ergy sources. Obviously, what we are are talking about the health and the stated the administration’s intent to doing now is not good enough. safety of the average American, the air cut energy efficiency and renewable en- As Congress and this administration we breathe, the water that we drink. ergy R&D and technology development forges a long-term energy plan, it is These are not environmental issues programs by 35 percent. That is unac- imperative that we make a true com- that we have any doubt about what the ceptable, Mr. Speaker. mitment to alternative energy sources, impact is going to be. We know that if This is especially frustrating because efficiency, and conservation to prevent these carbon dioxide emissions are not in this Congress we have an impressive future energy crises and to protect our regulated in some way, that a lot more group of bipartisan support for renew- environment. Measures of this kind can people will get sick from the air. We ables. As the lead Democrat on the work. For example, in my district two know that if the arsenic levels are not Subcommittee on Energy of the Com- of my counties are working to make reduced in drinking water, that a lot mittee on Science, I am personally sure we have more energy-efficient pro- more people will get cancer from ar- working with the gentleman from grams, programs that must be modeled senic. Maryland (Mr. BARTLETT), the chair- for the rest of the country. So it is really almost mind-boggling man, to promote environmentally f to think that this administration, in sound priorities. such a short time, has come down so ADDRESSING IMPORTANT Mr. Speaker, if the 35 percent cut in hard, if you would, on the side of those ENVIRONMENTAL ISSUES the blueprint were to go through, it who would seek to deregulate or weak- would seriously hamper efforts to de- The SPEAKER pro tempore (Mr. en, or certainly not improve, environ- velop improved and lower cost solar en- SHIMKUS). Under the Speaker’s an- mental regulations that need to be im- ergy; it would hamper wind power in- nounced policy of January 3, 2001, the proved. vestment, bioenergy and geothermal gentleman from New Jersey (Mr. Let me talk initially, if I could, energy technologies. PALLONE) is recognized for 60 minutes about the carbon dioxide change that as the designee of the minority leader. the President had. He did not change b 1315 Mr. PALLONE. Mr. Speaker, I woke his position on carbon dioxide until This is where our Federal priorities up this morning and I read on the front four Republican Senators sent a letter must be, not in increasing our depend- page of USA Today that President to him on March 6. Until that time, not ence on fossil fuels, as the administra- Bush is doing a terrible job on highly only during the campaign, but even in tion appears to want in its policies. significant environmental issues. I sup- the first few months we heard from the It is said that actions speak louder pose that is no surprise to my col- EPA administrator, Christine Whit- than words, Mr. Speaker. That is why I leagues here in the well or here in the man, the former Governor of New Jer- am outraged. But I am not surprised. I House Chambers. sey, my former governor, that a con- am not surprised that the administra- Yesterday the Bush Administration sensus had been essentially built in the tion’s commitment to environmentally abandoned more stringent restrictions White House, in this administration, to friendly sources of energy lasted only on the amount of arsenic allowed in regulate CO2. But after that letter was as long as the television cameras were tap water. Arsenic is a known car- sent on March 6, the President broke rolling. cinogen, I think many people know. his promise, because special-interest I say to our President, now is not the The week before, President Bush broke lobbyists pressured him to do so. We time to cut funding for national energy a campaign promise to the American know that Vice President CHENEY basi- efficiency and renewable energy pro- people that he would work to reduce cally pulled the rug from under the grams. Now is the time to increase the carbon dioxide emissions; and carbon EPA administrator and insisted in his investment. Proposing to cut funding dioxide is, of course, a greenhouse gas capacity as the chairman, I guess, of for vital energy efficiency and renew- that causes and is a major factor in this new Energy Task Force that car- able energy programs would be a step global warming. bon dioxide not be regulated. in the very wrong direction, and it I also read in the paper this morning But, again, I think this is sympto- would be a serious blow to the efforts that the Bush administration is plan- matic of what we are going to see with that we hope to take to craft a sensible ning to restrict new mining limits in this administration, broken promises national energy policy. the next few days. Of course, we have on protections that we need for the en- In my district, as well as across Cali- not heard about that yet, but it sounds vironment and for the American peo- fornia, consumers and businesses are like just another indication that this ple. I hope it does not continue, but facing electric and gas bills two or administration is essentially anti-envi- every indication is that it will. three times higher than those of last ronment. Let me briefly mention, Mr. Speaker, year. California is facing an electricity Mr. Speaker, I ask, what is the Presi- about the carbon dioxide emissions, be- reliability crisis that threatens our dent going to do for the special inter- cause I want everyone to understand State’s economy. What we need is re- ests tomorrow? I do not think there is that the reduction in carbon dioxide sponsible energy policy that includes any person, average person, or any that myself and other environmental- significant investment in clean energy group of concerned citizens, that asked ists support is not a crazy idea that is sources to supplement electric supply, the President to abandon these more just supported by a bunch of eco- and we also must recognize the need to stringent restrictions on the amount of freaks. In fact, numerous large multi- reduce demand for electricity by pro- arsenic in water. I doubt very much national corporations have adopted moting and using more efficient energy that there was a group of citizens who company-wide targets to cut global technologies. These are programs that told him he should go back on his cam- warming pollutants that include car- will protect our environment and leave paign promise and not regulate carbon bon dioxide. a better future for our children. dioxide emissions. One of President Bush’s most loyal Since passing the National Energy This is coming from the special inter- supporters, the Enron Corporation, has Policy Act in 1992, Congress has gen- ests. This is coming from the corporate urged the President to create a credit- erally ignored energy issues; but the special interests, oil interests, mining trading system for carbon dioxide in a power problems in California, as well interests, coal interests, who contrib- manner very similar to a bill I intro- as the increased price of natural gas uted to the President’s campaign and duced in Congress and that I will be re- and oil throughout our entire Nation, who now are calling the shots with this introducing shortly, where we use a

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4135 trading system, which is essentially a ceptable and that the standard needed week’s announcement dealing with market approach to try to reduce car- to be lowered significantly. She said it global warming and the broken prom- bon dioxide and other emissions. twice in the statement that she put out ise of the Bush administration dealing I have worked, frankly, with both from the EPA. Yet at the same time, with how we were going to deal with utilities and environmental groups in she said that the 10 parts per billion CO2 emissions. I just returned from 4 creating what I consider a workable was not a standard that there was a lot days in my State of Oregon; and, like emission-reduction plan, and I know of scientific agreement on. your State of New Jersey, citizens that there are solutions other than I would say once again that I know there are keenly concerned about the ‘‘business as usual,’’ in other words, that Mrs. Whitman is trying to be help- environment and quality of life. I was, the idea of simply throwing the envi- ful and trying to suggest that the frankly, despite that environmental ronment aside in the name of economic standard needs to be lowered even orientation of Oregonians, surprised at development. though the Bush Administration does the intensity of the public reaction to Utilities and environmentalists can not want to do it, but I would point out the administration’s lack of commit- work together to come up with a pro- again that we know that a lot of the ment to the environment. gram that reduces carbon dioxide. It is countries in the world, part of the Eu- Now, setting apart the fuzzy image not a situation where you have to ropean Union and the World Health Or- portrayed by the last campaign, it is choose between the environment and ganization, have adopted the 10 parts clear at this point it is more character- industry, or you have to choose be- per billion, so you cannot say it is not ized by a series of reversals. You have tween impacting people’s health in a standard widely accepted. In fact, it already referenced the reversal of the terms of the air they breathe versus is widely accepted. arsenic standard by EPA administrator the cost of producing energy. Finally, I wanted to mention, before Whitman. Earlier in the week we heard Now, in making the statement that I move on to some of my colleagues from Department of Energy Secretary was made yesterday on the second that are going to join me today, this Abraham that our energy crisis could issue, to roll back protective standards latest report that the Bush administra- be avoided by relaxing environmental on the amount of acceptable arsenic in tion is proposing to suspend new envi- regulations and drilling for oil in Alas- drinking water, I think the Bush ad- ronmental regulations on hard-rock ka’s National Wildlife Refuge. Of ministration crossed the line even fur- mining that were put in place over in- course, last week, President Bush re- ther in terms of not caring about the dustry objections on President Clin- versed an explicit campaign position to public than they did even with the car- ton’s last day in office. reduce greenhouse gas emissions. bon dioxide emissions, because here we The Interior Department’s Bureau of b 1330 are talking directly about an issue that Land Management is to announce sup- studies have shown will directly im- posedly today that it is reopening the None of these actions demonstrates pact the number of people that have revised 38–09 regulations, giving the that commitment to the livability of cancer. government new authority to prohibit our communities, ensuring the public Arsenic, I do not have to tell anyone, new mine sites on Federal land. Again, safety, environmental protection, or is an awful substance that can cause we cannot allow the administration to long-term energy conservation. We cer- bladder, lung, skin and other kinds of move forward with this attack on our tainly do not need to spend more time cancer. The proposal to reduce the health and the health of the environ- studying whether or not global warm- amount of arsenic from an acceptable ment. We are talking about water and ing is happening, or whether arsenic level of 50 parts per billion, which is air quality, the key components of life. poses a health problem to our children the status quo, to 10 parts per billion, We do not want our constituents, and families. We know that it is. We is actually something that was en- Americans, living in fear; and I think need to devote our time and energy in- dorsed by the European Union and is in that we are just seeing more and more stead to deal with how we are going to place for the countries that are part of of these ill-advised choices by the Bush fix it. the European Union, and also adopted administration. It is true that we do not harbor a by the World Health Organization. So I know that some of my colleagues false sense of security in numbers. The the United States now, instead of being today are probably going to talk about fact is that almost 2,000 scientists have in unison with Europe and most of the the Arctic National Wildlife Refuge as reiterated their findings that global world, is now keeping with a standard well. I would yield to the gentleman warming is occurring, and its linkage that was adopted in the forties about from Oregon, if he likes, at this point. to carbon-based energy consumption is the level of arsenic that you can con- Mr. BLUMENAUER. Mr. Speaker, I clear. This is a clear emerging sci- sume in your water. thank the gentleman for yielding. I ap- entific consensus. According to the National Academy preciate the gentleman’s courtesy and The administration’s actions are also of Sciences, exposure to arsenic at the this opportunity to join in this discus- out of sync with where the American current standard, 50 parts per billion sion. public is concerned. The gentleman ‘‘could easily result in a combined can- It is important to me. I commend the from New Jersey (Mr. PALLONE) and I cer risk on the order of 1 in 100.’’ This gentleman for focusing attention on take pride in the environmental con- level of risk is much higher than the the environment and how the pieces fit sciousness of the citizens that we rep- maximum cancer risk typically altogether, and the relationship between resent in New Jersey and Oregon, but it lowed by the Safe Drinking Water Act Congress, the new administration and is clear that the American public feel standards. Most of the time when we the American people. deeply about the environment and en- are talking about what is acceptable, It is very much in keeping with why vironmental protection. It was just we are talking about a case where I came to Congress, determined to this week that a Gallop poll found that maybe 1 in 10,000 people would be im- make sure that the Federal Govern- 52 percent of Americans believe that we pacted. When you talk about 1 in 100, ment was a better partner in pro- should be protecting the environment that is an incredible risk and could im- moting community livability, making over a much smaller number dealing pact millions of people, maybe tens of our families safe, healthy and economi- with energy, and by almost 2 to 1 there millions of people. cally secure. An important part of that was a majority of those polled who op- The interesting thing about the ad- partnership, frankly, is that the Fed- posed drilling for oil in the Alaskan ministration’s announcement yester- eral Government needs to play a con- Wildlife Refuge. day also with regard to the arsenic lev- structive role. It needs to lead by ex- On the campaign trail, then-Gov- els is that once again my former gov- ample, set the tone, and follow ernor Bush promised to seek a reduc- ernor, now the EPA administrator, through. tion of carbon dioxide emissions, in- Christine Whitman, actually admitted I, frankly, was shocked in the area of cluding those emissions on a long list that the 50 parts per billion was unac- environmental stewardship with last of pollutants regulated at power

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 4136 CONGRESSIONAL RECORD—HOUSE March 21, 2001 plants. Last fall, the Bush campaign I wanted to do was just comment brief- weeks of the Bush administration. The materials released a comprehensive na- ly on the arsenic and then yield to our President has broken his promise to tional energy policy that spoke of the colleague from Maine. the American people on the environ- ‘‘need for a comprehensive energy pol- The one thing that I noticed that my ment and, in doing so, he has evidenced icy,’’ I am quoting, ‘‘that would be for- colleague from Oregon talked about, a real disregard for our health and for ward-looking, encourage the develop- the special interests with regard to the long term consequences of the poli- ment of renewable energy sources and this arsenic level in drinking water; it cies that we adopt here in the Congress increased conservation.’’ is interesting, because yesterday, when today. Specifically, then-Governor Bush the EPA administrator former Gov- I really think we need to look at this proposed that legislation be introduced ernor Whitman announced that they example. I have had legislation in each that would require electric utilities to were, in fact, going to stick with the of the last two Congresses and will in- reduce emissions and significantly im- status quo and not lower the arsenic troduce legislation very soon to deal prove air quality and ‘‘establish man- level standards, contrary to what had with these old coal-fired and oil-fired datory reduction targets for emissions been proposed, it was the same day power plants that are the major source of 4 main pollutants, sulfur dioxide, ni- that there was an article in The Wash- of man-made carbon dioxide emissions trogen oxide, mercury and carbon diox- ington Post which was called, ‘‘All in this country. I think it is worth not- ide.’’ He was going to phase them in, Decked Out, But Will Runoff Ruin the ing that these old power plants which and so on and so forth, provide market- Well.’’ It was by the American Wood were grandfathered under the Clean Air based incentives; the gentleman from Preservers Institute which was worried Act and the Clean Air Act amendments New Jersey has heard the drill. that this new arsenic standard would are not subject to the same standards The point is that he was clear and have a negative effect on their ability that a new power plant would be in this unequivocal. In fact, then-candidate to produce this pressure-treated wood country. Yet, they emit 33 to 40 percent Bush derided Vice President Gore for product. of all man-made carbon dioxide emis- being too soft on this. This came up in Basically, what they do is they sions in this country. one of the Presidential debates, and we produce the kind of wood product that, The President tried to say that well, know those are perhaps the most in- I guess, is coated with a material that carbon dioxide is not a pollutant, and tensely scripted political theaters in preserves it, what we see on decks or certainly it is not a pollutant like mer- the history of the Republic. This was boardwalks or docks around the coun- cury or sulfur dioxide or nitrogen diox- not accidental, this was calculated. try. It said in the article that the ide because those are pollutants in all Now, the question arises, and I have stakes are high. Obviously, this organi- cases and in all circumstances. But had difficulty from the press because zation was trying to get the standard carbon dioxide, because there is so they want to know, was this an action to stay the same. It says, ‘‘The stakes much of it being emitted now, is trans- of deliberately misleading the public are high for the wood preservers be- forming the globe in a way that we can on the part of candidate Bush, or did he cause 98 percent of the lumber sold for no longer ignore. just not understand. I do not want to outdoor purposes, mostly northern During his campaign and even until be in a situation to try and delve into pine, is treated with CCA at some 350 last week, President Bush had com- the hearts and minds of other politi- plants. The plants use about 144.5 mil- mitted to reducing carbon dioxide cians, but suffice it to say, I think it is lion pounds CCA annually and about 37 emissions from power plants. For ex- kind of an unnerving Hobson’s choice million pounds of that mixture is ar- ample, in a speech last September in here. Do we believe that a governor of senic. They sell 5 billion board feet an- Michigan, President Bush said, we will an energy-producing State whose pri- nually. require all power plans to meet clean mary professional background to that I was thinking to myself, because of air standards in order to reduce emis- point had been as an energy executive, what the gentleman said, about our sions of sulfur dioxide, nitrogen oxide, did not know what he was talking own constituents. I live in a shore dis- mercury, and carbon dioxide. That is about, or the alternative, which was he trict, so it is true that a lot of the the four-pollutant strategy that the knew, in fact, what he was talking places we go on the boardwalk or on EPA administrator, Christy Whitman, about, and there was never any inten- the docks we see, I assume, this kind of was discussing in the early weeks of tion to provide this protection to the coated wood. Can we imagine for 1 her new job. Mr. Bush made this prom- American public. minute that anybody who had a dock ise to protect people from the effects of I think, frankly, either approach is or was using a boardwalk would not climate change and when it was made, unacceptable. It is unnerving, it under- sacrifice that if they knew that the al- it was a serious and substantial part of scores the credibility of what we are ternative was that their drinking the appeal that he was making to the doing in the political process, and I water was going to be contaminated American people to suggest that he personally am very much dismayed, and they had a 1 out of 100 chance of was a moderate on the issues related to not just because of what it says about getting cancer from the arsenic. Our the environment. But that is not the the political process, but what it priorities, or the administration’s pri- case. He has broken his word to protect means for us as a public to try and deal orities, are unbelievable that this kind the American people and has instead with problems of global warming, of of an organization would come in and given in to the oil and gas industries acid rain, of trying to get on to the say, we have to continue to manufac- who, not surprisingly, are among the next generation of energy-efficient ac- ture this processed wood and we are largest contributors to his campaign. tivities and do what this Congress going to not be able to sell as much, or Now, Christy Whitman, the new ad- needs to be doing. it is going to cost us more. That is ministrator of the EPA, was traveling I am more than willing, Mr. Speaker, what we are dealing with here, that through Europe and saying in radio to continue. I have some further kind of industry. The average person is and television interviews that the thoughts, but I notice that we have going to say, charge me more for the President would work to protect people been joined by another colleague, and deck, but at least keep the water so by cleaning up power plants and fur- the gentleman from New Jersey (Mr. that I can drink it. It is just incredible ther, that he was really concerned PALLONE) perhaps at this point, before to me. about this issue of global climate going on and talking about the Arctic Mr. Speaker, I yield to the gentleman change. Wildlife Refuge in a few minutes, from Maine. Now, over the last few years, we have maybe the gentleman has other parts Mr. ALLEN. Mr. Speaker, I thank had this debate, both in this Congress of this discussion that he would like to the gentleman for yielding to me. I ap- and around the country, as to whether enter into at this point. preciate the gentleman holding this this climate change phenomenon is Mr. PALLONE. Mr. Speaker, I appre- Special Order to discuss one of the real, is it serious, and is it immediate. ciate the gentleman’s comments. What more disturbing incidents of the early Well, every time the group of scientists

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4137 working through the United Nations that carbon dioxide emissions in this gress to get the President to reverse take another look at this, the evidence country be set at the level authorized his position and to tell the oil and gas is clearer and clearer than it was be- by the Rio Treaty in 1991, when the industries that this country, this plan- fore. Now, there is a consensus. There former President Bush was President, a et cannot be held captive to their spe- is a consensus in the scientific commu- treaty that he signed, a treaty that cial interests for the next 4 years. nity that climate change is real, that was ratified by the U.S. Senate. And Mr. Speaker, I thank the gentleman the problem is serious, that it is driven the way my legislation works, it allows for yielding to me. by man-made emissions from auto- emissions trading in carbon dioxide Mr. PALLONE. Mr. Speaker, I want mobiles and power plants and other among different plants, but overall, it to thank the gentleman from Maine sources, and that we need to do some- sets a national limit consistent with (Mr. ALLEN), my colleague, and I know thing about it. the Rio Treaty, and then we work to that everything the gentleman is say- The United Nations Intergovern- set caps for individual plants and to ing is so true. mental Panel on Climate Change, the make sure that we get down to the Just to give two examples, quickly, IPCC, is a group of scientists from overall national goal. one is, I was with President Clinton around the world. They have agreed b 1345 last year at this time in March in that climate change is a real issue and India. And we had a ceremony, it was As I said, it is possible to do emis- we need to act in response. This is not just outside the Taj Mahal, where we sions trading because carbon dioxide a small group. More than 2,500 of the announced cooperation between India does not have an adverse local impact. world’s leading climate scientists, and the United States on a number of It has an adverse global impact. environmental issues that specifically economists and risk analysis experts The last thing I want to say on this from 80 different countries have con- point, right now the President’s failure related to clean air. There is no question that India, being tributed to the panel’s third assess- to act is extremely disturbing, because the sort of leader within the developing ment report on climate change. These any action that we take today is not scientists are projecting that we will likely to have a significant effect on countries, is looking to see what the see temperatures rise from 2.7 to 11 de- the upper atmosphere for 100 years, for United States is going to do on CO2 and grees over the next 100 years. Particu- 100 years, and that means that we have other emissions before they are going larly at the upper end of that scale, to act before we have anyway of know- to act. Because they say, look, most of that could have a phenomenal impact ing exactly what the impact of our ac- the problem is coming from the devel- on this country and on the globe. There tions will be. oped country. If you are not going to would be a broad range of different im- We just know that we have to reduce take the initiative, then why should we pacts. Sea levels will rise, and on the greenhouse gas emissions in this coun- when we are economically under- coast of Maine, we care about that; we try. Carbon dioxide is the principal developed? do not want to see our beaches dis- greenhouse gas; 33–40 percent of it India was more than willing to play appear. But particularly in tropical comes from these old coal-fired and oil- that role, but they are not going to do areas of the world and in places like fired power plants. And we can do it. It it if the United States does not take Bangladesh which are low-lying coun- is possible to develop the technology. the leadership on it, that is for sure. tries, the effects on the globe and the Environmental cleanup will never get Mr. Speaker, I yield to the gentleman resulting movement of populations easier than when you have 33–40 per- from Maine. could be substantial. cent of all of the emissions in the coun- Mr. ALLEN. The gentleman makes a Glaciers and polar ice packs are try coming from about 500 plants. It very good point. It reminds me of an- melting. Already the area covered by cannot be easier than this. other thought here. Part of the concern sea ice in the Arctic declined by about The President also said that he is that India and China, as they de- 6 percent from 1978 to 1995. Ice thick- thought the costs of dealing with the velop their own energy resources, are ness has decreased 40 percent since the climate change issues would be too going to be relying on coal, among 1960s. Droughts and wildfires will occur much. He never said beside the costs of other sources, because both of those more often, and as habitat changes or cleaning up 500 power plants, the costs countries have coal. is destroyed, species will be pushed to of the weather patterns, the changes in We are developing in this country extinction. weather patterns that we are going to clean coal technology, clean coal tech- Despite the scientific consensus, face as the globe becomes warmer. He nology that if this is transferred to what the President said in his an- never factored in the costs that it is China and India, if we help them with nouncement was that there is uncer- going to have on our agriculture areas the development of their electrical in- tainty. Well, there is not. One can alas they find they are unable to grow in frastructure will have far less impact ways find someone who disagrees with one part of the country and have to on the environment than otherwise. an emerging consensus, but this is a move to another part of the country. It is not just carbon dioxide. It is very strong emerging consensus in the The costs of not acting are far greater also mercury. I mean, mercury is one scientific community. than the costs of acting, and putting of those pollutants that does not go The oil and gas industries, as impor- off for 4 years any effort to deal with away; and we are having substantial tant as they are in this country, as the primary greenhouse gas is a funda- problems in the Northeast, as the gen- much as they may have contributed to mental mistake for the health of the tleman knows, with mercury pollution. various people, are a source of the planet. Frankly, we have to figure out how problem that we need to get a grip on. It a fundamental mistake in terms of to take some of this mercury out of the I also wanted to mention, just in our relations with the rest of the air, and the best way to do it is chang- terms of the warming issue, the year world, because other countries around ing how we deal with these old coal- 1998 was the warmest year ever meas- the world are proceeding. We are the fired and oil-fired power plants. ured globally in history. The top 10 problem in this case. We are the prob- Mr. Speaker, I thank the gentleman warmest years ever measured world- lem. again for yielding. wide over the last 120 years all oc- Here we sit in the United States, 5 Mr. PALLONE. The other thing the curred after 1981, and the sixth warm- percent of the globe’s population and gentleman mentioned about coastal est of these years occurred after 1990. we have met 25 percent of all the green- States. My district is a coastal district. As I mentioned before, I have this house gases in the country, and we are In fact, there are certain parts of it legislation, the Clean Power Plant Act, trying to suggest that China and India that are no more than a few blocks which I will introduce again, and the and other people need to act before we wide from the ocean. interesting thing about this legislation do. I will tell the gentleman that my is we are not talking about Kyoto here. It is time to put our own house in constituents are very concerned about What I am suggesting in this bill is order. It is time for people in the Con- the impact that global climate changes

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 4138 CONGRESSIONAL RECORD—HOUSE March 21, 2001 are going to have on the rising sea long-term price of oil over the course place our bets on an aging 800-mile level. of the next 10 years, that it would not long facility, a pipeline through the We have to put in place these beach generate enough revenue to be profit- Arctic that is increasingly unreliable, replenishment projects every year that able. that is wearing out, that is impossible costs us millions of dollars, and that is If we use our time and our resources to defend from disruption, from terror- not going to work any more if the sea to recover this expensive oil in some of ists or rogue states or deranged people, level continues to rise. This is not pie the most environmentally sensitive it is not a very smart way for us to in the sky. This is real. areas in the world, it would actually make those investments. Far better to f end up resulting in a waste of money, deal with how we use energy in a more and we would have to be importing cost effective and efficient manner. ADDRESSING IMPORTANT more oil sooner, as opposed to dealing I have more comments to make on ENVIRONMENTAL ISSUES with less expensive energy alter- this, but I want to yield to the gen- The SPEAKER pro tempore (Mr. natives. tleman from California (Mr. GEORGE SHIMKUS). Under the Speaker’s an- Many would argue that another fun- MILLER). nounced policy of January 3, 2001, the damental issue, and it is one that I Mr. GEORGE MILLER of California. gentleman from Oregon (Mr. agree, is whether this country can con- Mr. Speaker, I thank the gentleman BLUMENAUER) is recognized for the bal- tinue to use the current energy pat- from Oregon (Mr. BLUMENAUER) for ance of the time allocated to the gen- terns that we have using six times as yielding to me and for taking this spe- tleman from New Jersey (Mr. much energy per capita as the rest of cial order; and I also want to thank the PALLONE). the world, twice as much as developed gentleman from New Jersey (Mr. Mr. BLUMENAUER. Mr. Speaker, I countries like Japan and Germany. PALLONE). thank my colleagues, and I think we The irony is that conservation and Clearly, the President has dis- have some interesting context that has energy efficiency does in fact work. It appointed the Nation when he did an been established here. works better than an effort to exploit about-face and broke his promise to I would just take a moment to ref- the Arctic Wildlife Refuge. It is esti- regulate CO2 emissions, especially erence what my other colleague from mated that a mere 3 miles per gallon among the older power plants, oil and Portland, the gentleman from Maine improvement in the performance of gas burning power plants in this Na- (Mr. ALLEN), talked about, that it is SUVs would offset the oil production tion. going to be 100 years or more before the from the Arctic. The suggestion has been made by full impact of actions that we take If, for some reason, we cannot change some that it was okay to break this today will be felt, that we have set in those huge and inefficient vehicles, campaign promise because it was only motion a pattern of environmental de- just one half mile per gallon efficiency one sentence in a long speech, it came struction that will take decades and overall for the fleet would more than late in the speech. I do not remember perhaps centuries to correct. equal the production of the arctic wil- when any of us were running that our There is no time to waste, and it is derness. supporters told us it would be okay to not appropriate for us to continue pre- This is not beyond our power. Last break our promises if it was not the tending to do something about it by year, the average fleet efficiency of 24 first thing we said in the speech or if it just reiterating the studies that have miles per gallon was tied for a 20-year was not the fifth thing we said in the already been done. Most Americans low. We can and we should do better. speech, that they would not take it agree with the scientific evidence that In the Pacific Northwest, we are that seriously. global warming is real and that we sending energy that we really do not As my colleagues have pointed out must, in fact, do something about it. have to spare to the State of Cali- here, the President made this state- It is in this context that I must con- fornia. Yet we find that there could be ment about these controls in CO2 be- fess a certain surprise by the adminis- a 30 percent energy savings for reduc- cause he wanted to appear to the coun- tration’s proposal to meet the current ing air conditioning just by changing try to be concerned about the Nation’s energy crisis with a proposal to drill the color of the roofs in southern Cali- environment, and he wanted to appear for oil in the Arctic Wildlife Refuge. fornia to a white reflective surface. to be more concerned than the Vice This issue beyond question, let us It would be far more effective for us President Al Gore. That is why he just put for a moment aside the notion to make that investment in conserva- made this promise. But the public that whether or not it is going to be de- tion. When I started in this business 25 thought he meant it. Now he has bro- structive for the environment, whether years ago, we were in the midst of an ken it. the environmental costs, whether the energy crisis. Even though many of Tragically, he has broken it because problems that would deal with the na- those initiatives were reversed by the he is buying in to a very old idea that tive indigenous culture, treaty prob- Reagan administration, conservation somehow America cannot clean up its lems and environmental problems with has nonetheless saved a quantity of en- environment and meet its energy our friends in Canada, put all of those ergy that is four times the entire do- needs, a false dichotomy, a fact that aside for a moment, assume that it is mestic oil industries production. does not exist, that we know time and either they could be moderated or it In the West, this is our only imme- again is proven in everyday business would be worth it. diate solution. Given droughts and lim- life in this country, that companies all There is a fundamental question ited generating capacity, the only way over the United States are doing ex- whether or not it is actually worth it this year that we will be able to make actly that. They are saving energy. to go ahead and pursue this approach a difference is by changing our pat- They are increasing their efficiency. for the energy security of the United terns of consumption. When we con- They are reducing their greenhouse States. serve, there is no threat from terror- emissions, and the country and the I was pleased recently to read the ists. There is no risk of environmental world are better off for that. latest newsletters from the Rocky damage. It keeps producing year after Mountain Institute where Amory and year. b 1400 Hunter Levins asked that fundamental I must point out, perhaps most sig- But this President apparently has a question, can you, in fact, make a prof- nificantly when I hear on the floor of very old energy policy. It begins by it over the course of the next 20 years this Chamber people talking about pro- dragging these old, old power plants, by invading the Arctic Wildlife Refuge? tecting our strategic oil reserves, that these dinosaurs from a past age, drag- It is interesting that the State of if we place all of our bets on the Arctic ging them into the future and saying Alaska itself has done its recent price Wildlife Refuge, we are, in fact, this is America’s energy policy. forecasting that suggests that what the dooming the United States to a very It begins by trying to convince the State of Alaska envisions as being the insecure posture. If we are going to public that somehow we can have oil

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4139 independence, which is far different This is far different than a policy In other words, those few people in than what we should be doing. We can that only concerns itself with the pro- our country who maintain control over develop energy sufficiency, and we can duction of oil and continuing to believe the energy supply system and the gen- sustain energy in this country, and we in an economy that is as large and dy- eration system have been gouging con- can meet this Nation’s need. But that namic as America that we can simply sumers and withholding capacity from policy is very different than oil inde- produce our way to energy independ- the marketplace in order to drive pendence. ence. prices up. The first policy of energy sustain- No longer would our citizens have to Instead of a responsible energy policy ability and sufficiency for the needs of worry every time that another leader that addresses these artificial short- this country is achievable and in the in OPEC gets into domestic problems ages, the only plan the administration national interest. The other one is not. and seeks to solve his problems on the has come up with is to open up Alas- If we are really seeking to strengthen back of the American consumers and ka’s Arctic National Wildlife Refuge America’s hand with respect to energy the economy. and other federally protected lands to and our economy, we should do all that No longer would this generation of oil and natural gas drilling. Americans pass its energy and environ- is possible to develop a national sus- So what we have here in effect is a mental failures on to the next genera- tainable energy policy that would min- very convenient conflict of interests. tion where they become more difficult imize our dependence on foreign oil. What the President wants to do, in alli- Very similar to the cocaine trade, if and expensive to solve. That would be an energy policy. But ance with his oil production friends, is we are serious, we would make every to open up the Arctic National Wildlife effort to diminish the demand in the the President has turned his back on that policy when he began with break- Refuge. At the same time, he is using American market. If we are very seri- the alleged shortage of energy to try to ous about being independent from for- ing his campaign promise to regulate CO emissions from older coal plants. develop public support and public opin- eign oil supplies, then we must make 2 ion in that direction. While he is doing every effort to diminish the demand in Mr. BLUMENAUER. Mr. Speaker, I appreciate the leadership of the gen- that, he is allowing his friends in the the American market. tleman from California (Mr. GEORGE oil industry to gouge consumers by Rather than placing so much of our dramatically increasing prices and emphasis on new oil supplies, we would MILLER) dating back to the last time we were in a major energy crisis. withholding energy capacity from the build a national energy policy that is We are privileged to have join us the market. based on the strengths of our country gentleman from New York (Mr. HIN- It is a very shocking circumstance, rather than its weakness. These CHEY). I thank him for his concern and indeed. Let me just talk for another strengths are the marketplace, innova- interest in issues that relate to the en- minute about the need to reduce the tion, technology, and the allocation of vironment and the leadership he has demand for oil and how that is key. capital. provided individually and on the Com- Any serious energy plan must focus our If these economic forces were truly mittee on Appropriations. efforts on reducing our demand for oil unleashed to provide a national energy Mr. Speaker, it is my pleasure to rather than on increasing our supplies, policy, the role of coal and oil would be yield to the gentleman from New York as the present administration seems greatly diminished, still very impor- (Mr. HINCHEY). determined to do. tant, but diminished. Mr. HINCHEY. Mr. Speaker, I thank The centerpiece of the administra- America’s energy policy would evolve the gentleman from Oregon for yield- to one where business decisions, capital tion’s energy plan is to drill for oil in ing me this time. I thank him and the Alaska’s Arctic National Wildlife Ref- allocations, research commitments, gentleman from New Jersey for orga- and environmental policy would coin- uge. This move would simply be a gift nizing this time so we could address an to the oil companies that would do lit- cide to make business more efficient issue that is perhaps the most impor- and productive, development of new tle, if anything, to affect our energy tant that faces the economy of our prices or our security. products and services would expand, country and the welfare of the Amer- The U.S. Geological Survey has esti- and the environment would be easier ican people over the course of the next mated recently that the amount of oil and less expensive to clean up. Such a decade. policy demands a synergy that, for the We are increasingly alarmed about that could be recovered from the Arctic most part, national energy policy to the statements that have been coming Refuge would amount to less than a 6- date is treated as a stepchild. from the administration with regard to month supply for American consumers. To do so, the Congress must stop American energy policy and the steps It will take 7 to 10 years for any oil thinking of the energy policy as an ex- that need to be taken to develop a co- from the Arctic Refuge to make its tension of the past. Rather, the Con- herent, comprehensive, safe energy pol- way to the market, and it would not gress and the President must set the icy that is going to maintain the even help many parts of our country. tools of the future free to create this strength of our economy and the wel- For example, none of it would be new energy vision and reality. fare of our people. shipped east of the Rocky Mountains; Technology, science and the Internet For example, on Monday, Bush said and no Alaska oil would ever be refined have the ability to almost immediately that he saw ‘‘no short-term fixes to the into home heating oil, which many and dramatically change the demand country’s energy problem.’’ He also people depend upon to heat their homes and the cost of America’s energy fu- said ‘‘it is clear from first analysis that and businesses. At no time would oil tures needs. the demand for energy in the United from the refuge be expected to meet New materials, demand-side energy States is increasing much more so than any more than at most 2 percent of reductions, contracting out energy its production. With the result, we are U.S. demand. management, dramatically improved finding in certain parts of the country The Arctic Refuge is one of our na- renewable energy sources, inventory that we are short on energy, and this tional treasures. It deserves to be pro- management, business-to-business net- administration is concerned about it.’’ tected as wilderness, of course, not to works, transportation shipping effi- Well, the administration may be con- spoil for a few months’ worth of oil. ciencies, more development of oil and cerned, but the two predicate state- Oil, as we know, is a global commodity; gas, conservation opportunities in the ments before that are both incorrect. and its price will always be driven by three big sectors of transportation, The current situation has no correla- world markets that are for the most lighting and heating and cooling, all tion whatsoever to demand outstrip- part beyond our control. will allow for us to develop a national ping supply and arises instead from The United States has only 2 percent energy policy that in fact provides for what we have seen recently, and that is of the world’s oil reserves but gen- an enhanced economic and national se- generators withholding energy and erates about 25 percent of world de- curity. price gouging of consumers. mand while gulf state OPEC members

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 4140 CONGRESSIONAL RECORD—HOUSE March 21, 2001 control about two-thirds of proven re- ment; and sooner or later, we have to that scientific proof ought to be care- serves. We currently depend upon im- come to an understanding that our re- fully regarded. ports for over half of our oil supplies. sponsibility here is, not only in the Mr. BLUMENAUER. Mr. Speaker, I By 2015, this dependence is expected to present, it is not simply to keep cer- thank the gentleman from Ohio (Mr. increase to more than 68 percent. tain interest groups moving forward, KUCINICH) for his leadership and for his It is quite clear that we are not going but our responsibility is to many gen- comments. to meet our energy needs by drilling in erations forward so that people have a Mr. Speaker, I yield the remainder of the Arctic National Wildlife Refuge. place to work out their own destiny on my time to the gentleman from Massa- What we need is a policy of energy con- this planet. chusetts (Mr. MARKEY), who has been servation, of renewable energy based So the survival of the planet is at leading on this for years. upon solar or wind or other renewable stake here and the survival of the Mr. MARKEY. Mr. Speaker, I appre- sources, and we need to conserve. democratic tradition, because we have ciate very much the gentleman from We can produce much more energy in an obligation as citizens of democracy Oregon (Mr. BLUMENAUER) having this our country through conservation than to address this issue in a forthright Special Order today. we can by opening up the Arctic Na- way and to do it with others who are Of course we have had a stunning set tional Wildlife Refuge or any other concerned from around the world. of decisions which have been made by portion of the country that is not cur- We have a moral responsibility to re- this administration just in the past rently exploited. That is where our ef- duce emissions. Now, as of late, we are week highlighted by the decision not to forts needs to go, in conservation. seeing assertions that somehow carbon impose new standards on CO2 emis- Mr. Speaker, I thank the gentleman dioxide is not a problem. The truth is, sions, that is, the emissions that go from Oregon (Mr. BLUMENAUER) very since the Industrial Revolution, the into the atmosphere that are causing much for giving us the opportunity to concentration of carbon dioxide has the greenhouse effect. make these points. risen about 30 percent and is now high- b 1415 Mr. BLUMENAUER. Mr. Speaker, I er than it has been in the last 400,000 appreciate the gentleman’s argument years. Eighty-eight percent of those come and continued leadership. Humans have created this level of from coal-fired plants. If we do not put It is my privilege in our remaining 2 carbon dioxide that the Earth can no the controls on, we are going to lose minutes to turn to two final leaders longer naturally absorb. So we are our ability to deal with that issue. that we have here. First, I yield to the driving the rate of global warming, and Moreover, there is also this drive by the administration to go to the Arctic gentleman from Ohio (Mr. KUCINICH), a we must take steps to reduce CO2 pol- gentleman who has been active in pro- lution. The United States is the great- pristine wilderness and drill for oil. viding leadership on energy issues as a est polluter. Now that oil, of course, would go in a local official, as a mayor, as a legis- Now, in spite of strong consensus pipeline down to California so that the lator, and now as a Member of Con- around the scientific evidence, it seems oil could be put into SUVs that average gress. that special interests are more influen- 14 miles a gallon. We should first figure Mr. KUCINICH. Mr. Speaker, I thank tial. The recent pattern of environ- out how to make SUVs go 20 or 25 miles the gentleman for yielding to me. mental decisions are an ironic back- per gallon before we go into the pris- Mr. Speaker, a few years ago, I was drop to the debate occurring right now tine wilderness and destroy it forever. privileged to be one of the representa- on campaign finance reform. Before the Is not that our responsibility as the tives to the talks, the conference of interest groups have made their lob- technological generation, to ensure parties, discussions, concerning the ef- bying effort to prevent carbon dioxide that two-thirds of the oil that we put fect of global climate change. The regulations, we could all see the into automobiles, into SUVs, and that talks took place in Buenos Aires, and I science as justifying greater efforts to is where two-thirds of all oil in our was one of the few Members of Con- control carbon dioxide. country goes to, is first made more ef- gress who was privileged to attend and We know that Secretary O’Neill 3 ficient, that is those vehicles, before present views consistent with the dis- years ago spoke of global warming sig- we destroy God’s beautiful creation. cussion that is occurring on this floor. nificance as second only to nuclear Now the administration likes to say There is concern all over the world conflagration. He even criticized the that we will only create tiny footprints about changes taking place in the glob- Kyoto Protocol as being too weak. We like Carl Sandburg’s little cat’s feet, al climate. I spoke with individuals know that Administrator Christine you can see the image, but the reality from some of the islands in the South Todd Whitman has spoken out strongly is in Prudhoe Bay already where we do Pacific who talk about how the sea about putting limits on carbon dioxide allow for drilling, it has done some- level is starting to rise and it is affect- emissions as part of a multi-pollutant thing quite different. There is over ing the properties on those islands. strategy to curb emissions. Unfortu- 1,000 square miles of development per- We know that there are 2,500 sci- nately, we are seeing another direction manently scarring the environment. entists who have done studies in con- taken. They have twice the NOX emissions as nection with the United Nations which I would like to conclude by also, not Washington, D.C. up there in Prudhoe have demonstrated that global climate only by pointing out how we are going Bay and tons of greenhouse gases. You change is a reality. I mean, any citizen the wrong way on carbon dioxide emis- have pipelines crisscrossing the land- of this country is aware that, in the sions and dealing with that, but, also, scape. last few years, we have seen extreme yesterday, a statement was made that There is a black and white debate changes in our climate. the administration pulled arsenic regu- here. We can have this or this debate. We have seen 100-year floods occur lations out of concerns about drinking Here is what goes on in Prudhoe Bay every few decades, if not every few water. right now every day: 1,000 square miles years. We have seen tremendous heat Now, this industry that is driving of development; 500 miles of roads; 3,893 waves which buckle freeways with this was apparently more influential wells drilled; 170 drill pads; 55 contami- their great heat intensity. We have than studies from the National Acad- nated waste sites; one toxic spill every seen unusual storms take place in emy of Science. And before the EPA day; two refineries; twice the nitrogen areas which have been unaccustomed, was even created, arsenic was regu- oxide pollution as Washington, D.C.; hurricanes with much more intensity; lated. So we need to be very concerned. 114,000 metric tons of methane and 11 tornadoes the same. I urge my colleagues and this admin- million metric tons of carbon emis- I mean, sooner or later, we come to istration to pay heed to the scientific sions every year; and $22 million in an understanding that it is human ac- evidence. Whether the issue is carbon civil and criminal fines; 25 production tivity which is beginning to create an dioxide or arsenic, there is a consensus and treatment facilities; 60 million overall change in the Earth’s environ- around the issue; and that consensus is cubic yards of gravel mined.

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4141 The other side, you have no develop- zens, we have come the distance. And the beatings and the death and the ment which is what we are saying. so tonight we want to talk about what tragedy down there. These people are First, let us look at SUVs. First, let us has happened and the progress. all alive. And so to be able to go down look at buildings. First, let us make Mr. Speaker, I want to yield to my there and experience that, be with ourselves more efficient. First, let us friend and my colleague, the co-chair them, knowing that they are alive and use technology to cut OPEC down to of the board of Faith and Politics, the still giving their message, their testa- size. They know that we are addicted gentleman from New York (Mr. HOUGH- ment, is always an extraordinary expe- to these vehicles that get 12 to 14 miles TON). rience. a gallon. We should not go to the Arc- Mr. HOUGHTON. Mr. Speaker, it is Mr. Speaker, I would like to ask a tic wilderness first, we should go to always an honor to be with the gen- question, if I could. Those of us who where we consume the energy. tleman from Georgia (Mr. LEWIS) have seen the gentleman from Georgia f whether we are on the House floor or in (Mr. LEWIS) in action and were with Selma or any place. I had a wonderful 36-YEAR ANNIVERSARY OF THE Betty Fikes and with Bernard Lafay- experience with the gentleman from ette and with so many others, look MARCH ACROSS EDMUND Georgia; Ambassador Sheila Sisulu; PETTUS BRIDGE back and see something which was an and Douglas Tanner, who is the presi- enormous change in our whole philos- The SPEAKER pro tempore (Mr. dent of the Faith and Politics organiza- ophy. But as we know now, it was only KENNEDY). Under the Speaker’s an- tion in my part of the country, upstate one moment in time, it was only one nounced policy of January 3, 2001, the New York; and it was fascinating talk- incident and it did not cure our sense gentleman from Georgia (Mr. LEWIS) is ing about the gentleman’s reminisces of discrimination in this country, it recognized for 60 minutes. and experiences in Alabama, and also only opened it up. So the question I Mr. LEWIS of Georgia. Mr. Speaker, comparing those to Ambassador ask of the gentleman from Georgia, I take a Special Order today with my Sisulu’s experiences in South Africa. It what do we do next? What are those colleague, my friend, the gentleman was absolutely great. things that we must continue to do not from New York (Mr. HOUGHTON). We co- I have a couple of comments I would only to honor this legacy but to fulfill chair an organization, a group called like to make and then also, Mr. Speak- our pioneering spirit and try to make Faith and Politics. It is truly a group er, of my friend, the gentleman from this a better place. that is bipartisan in nature. For the Georgia (Mr. LEWIS), I would like to Mr. LEWIS of Georgia. Mr. Speaker, past few years, we have been engaging ask a question at the end of this. Let I thank the gentleman for his kind in what we call a dialogue on race. We me make a comment or two if I could. words, and let me try to respond to his have been taking Members of Congress, We had an extraordinary experience kind question. Republicans and Democrats, back on a in Alabama. I had children and grand- I notice several of my colleagues are journey, a journey of reconciliation, children, and it was a family affair be- here, and I want to give them an oppor- back to places in Alabama: Bir- cause I wanted them to have the same tunity to say something. But any time mingham, Montgomery, and Selma. sense that I did the first time I was we see racism, bigotry, see people dis- Just a few days ago, to be exact, on down there of the enormity of this. We criminated against because of the color March 2, 3 and 4, we had an opportunity celebrate Washington’s birthday and of their skin, because of their race or as a group to travel again, a learning Lincoln’s birthday and Labor Day, but national origin, because of their sex or experience for many of us, so I thought this is something that we should put a sexual orientation, for whatever reason it would be fitting to come to the fine point on because it did something people are kept down or kept out, we House floor this afternoon and talk for to break us over a tidewater in this have an obligation, all of us as citizens a few moments about what we saw, country which many of us did not feel of America, as human beings, to speak what we felt and what we came away at the time because we were not there. out and say something, to get in the with from this trip to Birmingham, to I was down there with the gentleman way, to not be quiet. Montgomery, to Selma. from Georgia (Mr. LEWIS), and he is all Mr. Speaker, I think it is fitting and dressed up as he is today and he is When I was growing up, my mother appropriate for us to have this dialogue handsome and he has a nice suit on and used to tell me do not get in trouble. today, this discussion, for today, ex- he speaks well and he is a very dig- But as a young person I got in trouble, actly 36 years ago today, March 21, nified individual. And yet I think back and I saw many young people getting 1965, 2 weeks after Bloody Sunday, 700 to that time 36, 37 years ago when the in trouble by sitting down. President of us, men and women, young children, gentleman was on the pavement having Kennedy once said back in 1960, by sit- elected officials, ministers, priests, been beaten and bloodied and rep- ting down on those lunch counter rabbis, nuns, American citizens from resenting all of the aspirations that we stools, we were really standing up. So all over the country, walked across the have for fairness and decency in our so- by marching for the right to vote 36 Edmund Pettus Bridge on our way ciety, and we were not there. We want- years ago, we were helping to make from Selma to Montgomery to drama- ed to be there, but we were not there; America something better. So from tize to the Nation and to the world but the gentleman from Georgia was time to time, we all have to get in the that people of color wanted to register there. way. to vote. I am a member of the World War II Mr. HOUGHTON. Mr. Speaker, I Just think, just a few short years ago generation, and we are dying pretty would advise the gentleman from Geor- in Georgia, Alabama, Mississippi, it rapidly. And someone said at the end of gia that I will yield to somebody on the was almost impossible for people of 2008 we will all be gone, but not so of gentleman’s side, and then I know that color to register to vote. You had to the people of the gentleman from Geor- the gentlewoman from Missouri (Mrs. pass a so-called literacy test in the gia’s generation and the people who EMERSON) wants to say something. States of Georgia, Alabama and Mis- fought those battles in Selma, Bir- Mr. LEWIS of Georgia. Mr. Speaker, sissippi. On one occasion a black man mingham, and Montgomery. You can- let me recognize the gentlewoman from was asked to give the number of bub- not listen, as you have heard me say so the Virgin Islands (Mrs. CHRISTENSEN). bles in a bar of soap. If you failed to many times to this lovely lady, Betty Mrs. CHRISTENSEN. Mr. Speaker, cross a ‘‘t’’ or dot an ‘‘i,’’ maybe you Fikes, singing without understanding earlier this month I was privileged to misspelled a word, you flunked the so- something about our country that one be one of 140 people of all walks of life, called literacy test. does not sense unless you sing the Star all ages, from all over the country and Well, because of the action of the Spangled Banner or America the Beau- all over the world who joined the gen- Congress and the leadership of a Presi- tiful. This is an extraordinary experi- tleman from Georgia (Mr. LEWIS), the dent, 36 years ago, and the involvement ence, and this is the lady who was sing- gentleman from New York (Mr. HOUGH- of hundreds and millions of our citi- ing at the time of the marching and TON), and the gentleman from Alabama

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(Mr. HILLIARD) in the Faith and Poli- the rights and privileges that they so to hear and exchange stories and tales tics Institute on the fourth annual pil- courageously won. We still have so from what I think is probably the most grimage to Alabama. much more to work towards. dramatic movement in the 20th cen- I blocked out that weekend early in Although I have heard it said before tury. the year because I wanted to go, but I and I have heard the gentleman from There are two or three things that I did not anticipate the depth of feelings Georgia (Mr. LEWIS) say it, I have said learned and that had a significant im- and emotion that pilgrimage would it myself, after this weekend it became pact on me beyond the visits that we evoke. Revisiting the history of the even clearer that the right to quality made to the significant landmarks over life-changing and Nation-changing health care is the major civil rights the weekend. One thing that I learned events which occurred more than 40 issue of this time. The civil rights that I did not realize before was what years ago, it is an experience even now movement that we had just revisited is the importance of the interwoven re- that I will never forget. Yes, we went provided not only inspiration but liv- lationship of the gentleman’s sectarian to the different institutes, museums, ing lessons for those of us who are and political views, his and others’, the historical sites, but it was also thrust by need, time and circumstance with deeply held religious views and having several of the leaders of that into positions of leadership. We only beliefs, and how it all interrelated, and important and tumultuous time with hope and pray that we are as up to the they used those beliefs in God and their us to inform and guide us which made task. beliefs in the righteousness of their it come alive. We live today at the beginning of the cause to overcome incredibly over- As we walked through Kelly Ingram third millennium in a country which whelming odds. That was a very impor- Park, prayed at the 16th Street Baptist spends more money than any other in tant thing that I learned and some- Church, now a memorial to the four lit- the world on health care. Yet today thing that I think carries forward and tle girls killed by a bomb made not hundreds of African Americans and should carry forward always. only of explosives but of hate, moved other people of color, people in our I also learned how important the on to Montgomery to the First Baptist rural communities, will die from pre- weekend was in providing an oppor- Church and to the Dexter Avenue King ventable diseases and causes, all be- tunity, as I mentioned in church on the Memorial Baptist Church which Dr. cause in one way or another they have Sunday we were there, for reflection King pastored, and which along with been denied access to quality health and repentance. While I was raised in a others was a central meeting place of care. different part of the country and am of that movement, and finally took that I want to say on behalf of the mil- a different race and perhaps somewhat solemn march across the Edmund lions of Americans, both in the States of a different cultural background and, Pettus Bridge in Selma, we knew that and in the territories, that today, with quite frankly, was too young at the we had truly come once again treading a significant surplus projected, it time, in spite of that, I regret sincerely our path through the blood of slaugh- would be another travesty of justice if that I did not have an opportunity to ter. the health care needs in this country play a more active role in what was the were not fully addressed. Universal defining moment of the 20th century. b 1430 coverage must be provided and the dis- But they gave us the opportunity to It was a time of introspection. How parities that exist for people of color in feel what it was like as best I could. insignificant many of the things we this country must be eliminated. This I think the bottom line is, and one squabble, worry and fret about became. is our charge. Although different, this which I hope every single person who I recall that during much of the move- cause is no less just, and the movement was with us got from this wonderful ex- ment, I was safely ensconced at St. must be no less fervent or steadfast. perience, was that through the reflec- Mary’s College in Notre Dame, Indiana; I want to take this opportunity to tion, through repentance, through all and, though far away in many ways, thank the Faith and Politics Institute of that is the recognition, I think, that the summer of 1963 changed even those and the many people who were a part comes, and it is what we are all work- two campuses. of our pilgrimage this year for reminding for, and that is reconciliation. The Even more than before, I understood ing me that with faith in God and be- gentleman from Georgia and so many the level of indebtedness that all of us lief in the better America that this others provided me the inspiration to owe to the multitude of committed and country can be, that on all of the im- work toward that goal. I could never courageous people, like John Lewis, portant challenges that face our com- thank him enough for giving me that Reverend Shuttlesworth, Dr. Bernard munity today we can and will over- opportunity. Lafayette, Bob Zelner, Betty Fikes and come. Mr. LEWIS of Georgia. Let me thank others who ministered to us that week- Mr. LEWIS of Georgia. Mr. Speaker, the gentlewoman for those kind and end, some well known, others I would like now to yield to the gentle- wonderful words. She added so much to unnamed, who believed in an America woman from Missouri (Mrs. EMERSON). the trip. We will always be grateful for of justice, equality, fairness and re- Mrs. EMERSON. Mr. Speaker, I am her involvement. spect and who were willing to sacrifice, going to, if I could, address my com- Mr. Speaker, I yield to the gentleman bear painful beatings and even to give ments to my good friend the gentleman from Missouri (Mr. GEPHARDT), the their lives, as too many did, to make it from Georgia (Mr. LEWIS). I want to Democratic leader who made the trip a reality. Unquestionably, all of us, thank him from the bottom of my to Alabama. like those who made this pilgrimage heart and that of my husband for al- Mr. GEPHARDT. Mr. Speaker, I before, returned inspired, refocused and lowing us to go with him and all of our thank the gentleman from Georgia for revived personally as well as for the colleagues and others to this most in- his life, really, and his leadership and work that each one of us do every day. credible experience in Alabama. I can- what he means to all of us. I want to Looking back at what we as a people not relate to the gentleman from Geor- thank him for holding this trip. I told had achieved because of the civil rights gia how extraordinary it felt to meet him personally the other day how movement and taking stock of the with and see him and Bernard Lafay- much I appreciated the work that he many troubling events that have oc- ette and Reverend Shuttlesworth and and his staff does to help the Faith and curred over the past few years, we can Bob Zelner, all of you and others who Politics Institute put on this weekend. see that although much change was were such vital and vibrant parts of the This is the first time that I have had brought about because of the move- civil rights movement in their youth. I the chance to be with him. I have ment, we have lost some ground. The can see him very easily back then now wanted to come and could not make it need is clear more than ever that we after that weekend. Perhaps he does happen but was able to come this year. must be vigilant and continue to walk not just have quite as much hair, but I want to thank all the Members, the in the way of those brave men and he has that same spirit and that same gentleman from New York (Mr. HOUGH- women, to forever secure and preserve belief. It was extraordinary to be able TON), the gentlewoman from Missouri

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(Mrs. EMERSON), the gentleman from Il- tisan ways to try to make that happen. and others traveled to gain that right linois (Mr. LAHOOD), the Members who I am convinced that if we have faith in for so many people. As we all lived out are here from our side who participated one another and we work with one an- the election last November, it also I in this event. It was, in a word, moving other, we can improve the election think gives us the idea that the right to all of us to be part of this event. It process in our country in the year 2001, to vote is precious, and when people do was, in my view, one of the most im- in the year 2002. not have that right and perhaps are de- portant things that I have been able to We are not there yet, I guess is what nied that right, we can experience what do in my entire life. Because until you I am saying today. What we saw a few the gentleman did back 35 or 36 years go to Selma and meet with some of weekends ago, what the gentleman did ago to try to win it for a whole group your colleagues and hear the history of 36 years ago was the beginning of an- of people that did not have it. what happened and how it happened other effort in our history to ensure I think it is a good message for all of and what it meant in their lives and to the basic fundamental right of our deus, to continue our efforts to make see them still alive today and still mocracy. He made great progress, and sure that when people go to the polls, fighting for these issues was truly mov- he is our hero because he did that. the right is carried out in an accurate ing. But we have a similar obligation way and a way that reflects the will of There is no substitute for it. There is now. In a different time with different the people. no way to read about it. There is no issues, a different set of challenges, we So it has been a great experience and way to even see a television show have as much of an obligation as the a good lesson for all of us, that there about it and understand it the way you gentleman from Georgia had 36 years are many things that we do when we can when you are actually in the spot ago to see that we ensure this right for are elected to these jobs in terms of in- and meeting with these wonderful every American today. troducing bills and coming on the floor American citizens who improved our It was an honor to be with him. I do and debating, but the opportunity to country so importantly. I felt like I not know of a time that I have spent in step outside of that role and to experi- was meeting with history. It would be my life that was more productive or ence what people like the gentleman kind of like meeting with patriots in useful than that weekend. I thank him from Georgia (Mr. LEWIS) have experi- Concord or Lexington or Gettysburg or for making it possible. I look forward enced and others have experienced I some other place in our country where to working with him and Members on think is a good lesson for all of us in momentous events occurred that made both sides of the aisle in the days terms of what we can bring back to the our country what it is. ahead to try to advance these issues House in terms of reforms that may be It is also an understanding that the and these challenges to a more success- made as a result of that experience. right to vote is basic to our democracy ful conclusion. So I congratulate the gentleman. As and that we have to always fight, even We are on the road. We are not there one who has tried to practice biparti- in today’s circumstance, for people’s yet. We are going to get there some- sanship and support bipartisanship, I right to vote. It is obviously a different time soon. think the trip to Selma and Mont- fight today, but it was certainly that Mr. LEWIS of Georgia. I thank the gomery is one of the extraordinary bi- compulsion to want freedom and de- leader for those kind and extraordinary partisan efforts; and I congratulate the mocracy that led the gentleman from words. gentleman, and Faith and Politics, and Georgia and his colleagues to commit Mr. Speaker, it is now my pleasure to Doug Tanner and the work that he does the heroic acts that went on then. yield time to the gentleman from Illi- and his organization. Doug works And then, of course, to remember nois (Mr. LAHOOD), who has been very mighty hard around here to try to that 10 days after Bloody Sunday, active in Faith and Politics and has bring people together, and I know that President Lyndon Johnson came to made these trips to Alabama. there are grand plans to do something this room and personally delivered his extraordinary next year, and I hope b 1445 voting rights legislation and gave the that Members of the House will look on most stirring address of his presidency. Mr. LAHOOD. Mr. Speaker, I thank the opportunities we have had at I doubt that would have happened, it the gentleman for yielding. Selma to build on that for other oppor- certainly would not have happened in Mr. Speaker, I wanted to come to the tunities with Faith and Politics and that time, if he had not done and his floor during this Special Order time to with the gentleman. friends had not done what they did. also pay special tribute to the gen- Again, I thank the gentleman for giv- President Johnson defined the national tleman from Georgia (Mr. LEWIS). My ing all of us an opportunity to know imperative to overcome the tyranny of wife and I have had the privilege of at- him, know his experience, share his ex- discrimination and bigotry. President tending two trips to Selma; and even perience, and to really imbue in all of Johnson recognized, as President Lin- though we did not attend the one this us the importance of how precious the coln had recognized a century before, year, we were there last year and the right to vote really is for all of us. that a nation divided could not stand. year before last and had the extraor- I thank the gentleman for this Spe- He got all of us to make a commitment dinary opportunity to experience a sort cial Order and the chance to say a few to voting rights. of living history of what took place words. I would like to quote one of the during that period of time. Mr. LEWIS of Georgia. Mr. Speaker, things that he said in his speech. He I know it must have been a thrill to I would say to the gentleman from Illi- said, ‘‘Many of the issues of civil rights go back to Selma this year and to nois (Mr. LAHOOD), my friend and are very complex and very difficult. maybe hug or greet the new mayor of brother, thank you for all your good But about this there can and should be Selma. I know the gentleman has been work and for being so supportive of no argument. Every American citizen going back there for many years, but Faith and Politics and making those must have an equal right to vote. to have somebody like the new mayor trips to Alabama. There is no reason which can excuse just elected in Selma must have been Mr. Speaker, it is my pleasure to the denial of that right. There is no an extraordinary opportunity and yield to the gentlewoman from Cali- duty which weighs more heavily on us thrill for the gentleman after so many fornia (Mrs. CAPPS). than the duty we have to ensure that years of fighting for voting rights. Mrs. CAPPS. Mr. Speaker, I am very right.’’ I think part of what we learned on grateful to the honorable gentleman It took a while longer, but he finally the trip is that voting is a precious from Georgia (Mr. LEWIS) for yielding. convinced the Congress to pass the right that we have in America, and it Mr. Speaker, I brought my pilgrim- Voting Rights Act. We stand today really comes home when you go to age book with me. I was hoping there with the challenge before us again. We Selma and go to Montgomery and expe- would be this opportunity to have a have to improve on our election proc- rience the opportunity to travel across Special Order. In a way it is a little bit ess. We have been meeting in bipar- the roads that the gentleman traveled like our pilgrimage can continue and

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 4144 CONGRESSIONAL RECORD—HOUSE March 21, 2001 can come even to life here in this place the challenges are not over; and in what was I doing back in those days? I where we do our business, because that many respects the pilgrimage has not was an undergraduate at the Univer- is actually what it was. It was a pil- passed either. It is still going on, and sity of Florida in those days, just as a grimage down into that countryside, to we must reexamine. young guy enjoying the fraternity life Montgomery, to Birmingham and to My colleague talked about inequality and not thinking about it. But you Selma and then to cross that bridge, in health care, a basic right that we would read things in the paper about and to do so with the leadership of one want for all of our people around the what took place at the 16th Street Bap- who was there, an esteemed Member of world, and surely in this country; and tist Church. We were there, with the Congress, a leader here now. the voting issue is still before us. Elec- girls, where the bombing took place. A few decades ago the gentleman tion reform is much needed now, and We walked across the bridge in from Georgia (Mr. LEWIS) was 20, 21 here we are in the House talking about Selma. You start thinking how did our years old, just a young boy, when he this. I believe the leadership is called country allow this to happen, and why took upon himself that historic role. I for from us, in a bipartisan way, to ad- was I not more involved in trying to see the gentleman with a different dress this most fundamental right. help end it, like the gentleman did? light now. If people were killed, and it was a The gentleman was a leader. Mr. LEWIS of Georgia. The gentle- bloody Sunday indeed, that was the im- You talk about the young JOHN woman is making me a little younger, petus for the Voting Rights Act of the LEWIS. It is kind of fun seeing the pho- but I did have all my hair then. sixties, then surely we cannot defame tographs from the early days. Which Mrs. CAPPS. The gentleman was that spilled blood by resting on the one is JOHN? Did he really have that very brave to do what he did then, and laurels of that day; but we must reex- much hair back in 1961, 1962, 1963? We that kind of bravery is rare. amine the inequalities which exist saw his photographs in the museums. I do not go on pilgrimages every day, today, whether it is in machines or The gentleman is a hero. He helped and I do not see that kind of bravery whether it is practices; and we have a lead that effort. around me very often; but I see it here. responsibility to make sure that when I appreciate that the gentleman To have the leadership of our col- we see injustice, that we put a stop to brought people with us there. Bob league, the gentleman from New York it, that we ensure that every single cit- Zelner flew in for it, and Bernard La- (Mr. HOUGHTON), the Faith and Politics izen of this great land has every access fayette, who is a delightful gentleman. Institute, the Reverend Doug Tanner He actually grew up in my area, the to vote, to express that most funda- and the leadership of this place, it is Tampa, Florida, area; and his father mental right of democracy. After all, remarkable. was able to be there. And being with, people died for that. They died for that It is an honor to serve in the House of and I cannot remember the old elderly in our lifetime. Representatives. It is an honor to rep- gentleman from the Dexter Avenue I believe now that we must, in this resent my district, as each of us feel Baptist Church. dawning of a new century, live up to that so keenly, to come and do our con- Mr. LEWIS of Georgia. Deacon stituents’ business here, to enact legis- their expectations of us and our leader- Nesibitt was the deacon who brought lation. But this place is so much more ship. Martin Luther King, Jr. to the church So, again, I was one of the fortunate than that. This place breathes and in Montgomery. lives the history of brave men and people to take that pilgrimage; and if Mr. MILLER of Florida. In 1956. This women who have made this country it ever occurs again and there is an op- is fascinating. This is the history. We great, who have made this country, the portunity, I hope that others will join have the deacon of the church who United States of America, what it is with us as well. I commend the gen- went to Atlanta and talked Martin Lu- today. tleman from Georgia (Mr. LEWIS) and ther King out of going to Savannah and We are so fortunate that some of that the leadership that as a young person coming to Montgomery and making his history is still alive with us and our the gentleman showed so mightily with mark in history too and helping lead colleague here, the gentleman from his friends and his fellow folks there that effort. That is the part of the his- Georgia (Mr. LEWIS), the wonderful who did a brave thing, and that we can tory that you get to be part of. men and women we were able to meet have this opportunity through the A book I am reading right now, I do in Alabama as we visited the Civil Faith and Politics Institute and the not know how much time we have, so I Rights Institute, Dexter Avenue Bap- corporate sponsors that make that do not want to use up the time of other tist Church, Civil Rights Memorial, happen for us as well. This is a big speakers, is ‘‘America Afire.’’ It is a de- First Baptist Church, Rosa Parks’ vis- commitment on folks’ part, and so I lightful book, but it is talking about ualization of her experience on that thank the gentleman for letting me the founding of our country. I was just bus, Brown Chapel AME Church; and take part in that. reading about how in the late part of then, arm in arm, to walk across, after Mr. LEWIS of Georgia. Mr. Speaker, the 18th century when we were voting the church service, it is really impres- I thank my friend and colleague, the and drafting the Constitution, it was sive to me how much this living his- gentlewoman from California (Mrs. white men, Christian, basically, land- tory that has given us the voting rights CAPPS), so much for going on the trip owners that were involved in it. It is that we enjoy in this country now and participating as a wonderful person amazing that they wrote a document came out of places of worship in the on that trip and participating in this that could evolve. South, and in the North as well, be- Special Order. That is the great thing about our cause that was the inspiration, that Mr. Speaker, I yield now to the gen- country. You feel proud, as horrible as was the moral force that enabled this tleman from Florida (Mr. MILLER). what the African American community bravery to occur and this hard-fought Mr. MILLER of Florida. Mr. Speaker, went through for generations in this freedom to be won. That is the inspira- let me express my thanks and apprecia- country, the fact is we have survived, tion that it was. tion to the gentleman from Georgia and we are going to go forward. I was so pleased that our family (Mr. LEWIS) for making this trip pos- This was an effort that I think is so could include many of our family mem- sible. This was indeed a very moving inspirational for me. I appreciate the bers, and that my daughter Laura experience for me personally, as it was opportunity. At the conclusion, going could join me, because it is very per- for all of us who participated in that to the Brown Chapel, I went to more sonal; and it is religious, it is moving, unique weekend. It was a chance to, as churches on a weekend than I normally to be called upon to examine in our- people talked about, walk through his- do. I go to church, but not as many as selves where was I during this time in tory. It was an amazing walk through the gentleman took me to over the our country’s history, and where am I history. weekend. And the march across the Ed- now. I kept asking myself that weekend, mund Pettus Bridge was special. As our leader, the gentleman from the gentlewoman from California (Mrs. I am going to encourage all my col- Missouri (Mr. GEPHARDT), was stating, CAPPS) and I often were there together, leagues, especially on my side of the

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4145 aisle, I am standing on your side of the there are others here, so I just want to toral reform, let no one be ashamed of aisle today, but this was certainly not quickly say, we all know that the gen- what happened as much as what does a partisan event. I congratulate the tleman tried on more than one occa- not happen, if we do not fix the system gentleman for what he has done, lead- sion to gather himself and others to and make it right in tribute to the gen- ing in the non-violence effort. That was walk across the bridge and that it was tleman from Georgia (Mr. LEWIS), our important, the gentleman’s phase of it. not a time of lack of fear; and that hero, along with so many others, that Hearing Bernard talk about that too, when he walked, it was not that, oh, we we reinforce the right to vote and the how you learned to be non-violent. know we are going to make it, he and value of democracy in this Nation. When people approached you with vio- Hosea Williams and the other throngs Mr. LEWIS of Georgia. Mr. Speaker, lence and you could tolerate that, I of individuals. It was not a frivolous I thank the gentlewoman from Texas just do not know what I would do under walk. (Ms. JACKSON-LEE). I thank her so those circumstances. The gentleman from Georgia worked much for participating, and not only So I commend the gentleman, and for a long time to develop a sense of on the march, the journey of reconcili- really my admiration and respect is nonviolence, but as well the commit- ation, the dialogue, but for partici- great for you, because now I learned ment to nonviolence. I think people pating in this Special Order today. I more about it. I thank the gentleman need to understand that, that it was thank the gentlewoman for her leader- for giving me that opportunity. I really not a walk of lightness and that the ship. sincerely appreciate it. I will work to gentleman from Georgia (Mr. LEWIS) Now, Mr. Speaker, I would like to get more of my colleagues 2 years from had to study and to adopt and to com- yield time to the gentlewoman from now to participate when we have an- mit to himself that he would be non- the State of California (Ms. LEE). other one of these. violent, and he walked across that Ms. LEE. Mr. Speaker, I want to Mr. LEWIS of Georgia. Mr. Speaker, bridge, the Edmund Pettus Bridge that thank the distinguished and coura- I thank the gentleman so much for par- will remain deep in our hearts, and it geous gentleman from Georgia for ticipating as part of this trip to Ala- was a day of violence. It took courage yielding and for organizing this Special bama. to go, it took courage to stand, it took Order, and for also leading one of the Mr. Speaker, I yield time to the gen- courage to pray, and as well, it took most memorable journeys of my life- tlewoman from Texas (Ms. JACKSON- courage to be able to come back again. time. LEE). Mr. Speaker, I say to the gentleman Let me take a moment to convey my Ms. JACKSON-LEE of Texas. Mr. deepest gratitude to the gentleman from Georgia, in the time that he has Speaker, I thank the distinguished gen- from Georgia (Mr. LEWIS) for his sac- taken us there, along with the gentleman from Georgia, and I would like rifices, his leadership, and for his toler- tleman from New York (Mr. HOUGH- to say to the gentleman from Florida ance, which he has demonstrated TON), we have not just walked across a (Mr. MILLER), who made a symbolic throughout his life as he fought and as bridge, we have discovered each other gesture, which we appreciate, because he continues to fight for freedom and and we have discovered a fulfillment of the gentleman is right, this is not par- for justice. I also want to thank the the fundamental right to vote under tisan, this is really a coming together, people of Alabama for their heroic and our Constitution and what it truly and I want to thank the gentleman for their noble struggles, for I know for a means to overcome. his remarks and for his remarks about fact that because of their blood, sweat, I think with that, I would almost the experience. and tears, I am here today serving as a challenge each of us that we can do I am a repeater, three-timer, and I Member of Congress. appreciate very much the idea and the that in this very House. We can really Now, during our visit to Bir- vision that came from Faith and Poli- come together around issues that help mingham, Montgomery, and Selma, we tics, but from the gentleman from those who cannot speak for themselves. talked about where we were during I hope that this recounting of the Georgia (Mr. LEWIS) and the gentleman those tumultuous times. Some felt Selma story, where Members on dif- from New York (Mr. HOUGHTON), to be guilty, but everyone felt gratitude. But able to cause us Members of Congress ferent sides of the aisle and different I would dare to say that all of us felt who legislate to stop for a moment to backgrounds, actually sat down and galvanized to redouble our efforts for reinvigorate ourselves and really take spoke to each other but, more impor- equality and justice and realize just to hand the reality of what we do every tantly, I say to the gentleman, we how blessed we are to be Members of day, and that is that we work with heard each other, with testimonies and Congress, for we actually have a second laws on behalf of the people of the song, and to be able to touch and feel time and a third time to make a dif- United States, because they have the Bernard Lafayette, our eloquent speak- ference in the lives of people in this privilege of voting for us, and we have er, to be able to be in the churches millennium. the privilege of being elected and the where Martin spoke, to eat some of the This pilgrimage was very personal for privilege of serving. good cooking that was there during me, whether visiting the 16th Street that time, to be hosted by the gen- Baptist Church where four young and b 1500 tleman from Alabama (Mr. HILLIARD) beautiful African-American children So this particular pilgrimage to and the gentleman from Alabama (Mr. died as a result of a ruthless bombing Selma is so very special and, in par- BACHUS); to be able to sing the songs, I or touring the National Voting Rights ticular, this year, because more than have never felt a deeper feeling by Museum in Selma or marching across any other time in 2000, I think some of singing those songs. There is a certain the Edmund Pettus Bridge in Selma. I us felt that we were literally brought way to sing them, and certainly we had was reminded of my childhood in Texas to our knees at a time that for many of them sung the right way. where I was forced to drink out of the our constituents was very troubling So I would simply close by saying to colored-only water fountain or not al- during the November election. There the gentleman that I have been a lowed to go to movie houses or my dad, were a multitude of responses: anguish, threepeater and I expect to go again, dressed in his military uniform, with anger, disappointment, despair. I do but I expect, hopefully, to, more impor- his family, being told that he could not not know if we could have found our tantly, as I see many of the youngsters be served at restaurants. Yes, all of way if we had not had the gentleman who are here for their spring break, these painful repressed memories sur- from Georgia (Mr. LEWIS) to remind us soaking up democracy and soaking up faced, experiences which I seldom talk in his eloquence, even during that time our process, I hope they have an oppor- about. But for me, I say to the gen- frame, to be grounded, to be strength- tunity to know that we do other tleman, this visit provided really some ened by those who were strong enough things, commemorate and commend breakthroughs personally; and I thank in 1965 to persist for the right to vote. that march on Selma, that bloody Sun- him for that. Mr. Speaker, I know the story has day that generated the Voter Rights Now, as we toured Rosa Parks Mu- been told many times, and I know Act of 1965. As we move toward elec- seum and Library and during our visit

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 4146 CONGRESSIONAL RECORD—HOUSE March 21, 2001 to the Dexter Avenue King Memorial doing, because we certainly have bene- glad I went, I am glad this became a bi- Baptist Church where Dr. King served fited from the struggles which took partisan venture. as pastor, and during our moments at place during that time. I have been to Birmingham before. I the First Baptist Church and while Mr. LEWIS of Georgia. Congress- have been to Montgomery on business. worshipping at Brown Chapel AME woman BARBARA LEE, I want to thank But if someone has not been on this Church, I reflected on the unfinished you for going on the trip and for par- trip, a walk through history, one really business of Dr. Martin Luther King and ticipating in this Special Order. does not understand how important it the gentleman from Georgia (Mr. Mr. Speaker, I now yield time to the is for America. I guess I was heartened, LEWIS) and all of those who shed their gentleman from North Carolina (Mr. I would say to my friend, by the blood for the right to vote. Of course, I ETHERIDGE), our colleague and friend. strength of human will. No one can was reminded of thousands of African f know unless they go or no one can Americans and others who were ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE truly understand the total commit- disenfranchised in the recent elections. The SPEAKER pro tempore (Mr. ment of a whole community from the During our visit to Alabama, several KERNS). The chair will remind all Mem- smallest child to the oldest person, people told me, now I understand why bers to address one another by State until you get to Montgomery, and you you and other Members of the Congres- delegation rather than by first names. understand they were willing to walk sional Black Caucus protested the rati- Mr. ETHERIDGE. Mr. Speaker, I for you. You do not understand until fication of the Electoral College vote thank the gentleman for yielding. I you walk through the park in Bir- and walked off the floor of Congress. thank the gentleman from Georgia, or mingham and you see what children Our pilgrimage to Alabama certainly really, from Alabama. It was great to went through and adults and how peo- provided additional inspiration to work be in his native home State and for the ple were willing to give up their lives. on electoral reform so that never again opportunity for me and my son, who is Yes, we have challenges today. We will the lives and legacy of those a school teacher, to go and visit. Let need to stand on the shoulders of peo- known and unknown be denigrated by me tell the gentleman what came as ple like the gentleman from Georgia denying the people the right to vote. the result of it. (Mr. LEWIS), Martin Luther King, and Mr. Speaker, let me emphasize the My son taught third grade and is now others who have laid a foundation, but importance of educating young people working with children who really have the challenges are still here for those about the civil rights movement. Many deficiencies in reading and math, who of us in this body. Not just access to young people of color, many African are trying to get to grade level. As the education, but equal opportunity to Americans really do believe that inte- gentleman knows, he took a lot of education for every child, the chance gration always was, that the right to video footage while he was there of the for a child to get a college education vote always was. The history of the gentleman and Bernard Lafayette and when they have the ability, but not the civil and human rights movement has Fred Shuttlesworth and others and money; health care opportunities for our seniors and others, and yes, the all but been ignored in American his- DICK GEPHARDT, our leader. But what right to vote and the obligation and tory books. Many young people believe he has done now that he has gotten right to have that vote counted. In that the ability to sit anywhere on the back, he has taken that footage and is America in the 21st century, there is bus or to eat at a lunch counter just al- tying it to North Carolina during that no excuse to repeat the problems of ways was. Many young people believe very same period, using it for staff development for teachers as well as history in the past. that riding in any car on a train in- Mr. Speaker, we have a long, unfin- stead of the colored-only car just al- young people. Mr. Speaker, let me thank the gen- ished agenda, but to my friend from ways was. Georgia, let me thank him for making Well, Mr. Speaker, the Faith and Pol- tleman from Georgia for letting me this available for our colleagues, and I itics mission to Alabama reminded us walk through history with heroes of would encourage others of my col- of times passed and that we owe a debt history, for helping stimulate and re- leagues to go. Not only will they ben- of gratitude to the gentleman from vive my thinking about Brown Chapel, efit, but their constituents will benefit Georgia (Mr. LEWIS), Dr. Martin Luther the Pettus Bridge, for the things that immensely and America will be a bet- King, Rosa Parks, and all of those he- happened that really changed this Na- ter place for it. tion for the better. To all of my col- roes who made it possible for people Again, I thank the gentleman again leagues who have not been, I would say like me to pick up the baton and fight for his courage of nonviolence. After to them, they need to go to understand. to end institutional racism, unequal having walked through the footprints My colleagues really need to go to un- education, universal health care, to of history, I have questioned myself on derstand. We can read the history fight for that; to fight for affordable many days: could I have stood knowing books, we can even see the videos, but housing, for a clean environment, a liv- the abuse that I was about to take. I do until you walk through history and able wage, and to fight for people who not know the answer to that. have been left out of this economic you walk through the museums and the prosperity. parks and you see how children were b 1515 In closing, let me just encourage abused, children who were innocent, Mr. LEWIS of Georgia. Mr. Speaker, each and every Member of Congress to denied the opportunity for an edu- I yield to the gentleman from Lou- participate in this magnificent pil- cation, how children were attacked by isiana (Mr. JEFFERSON), my colleague grimage. It is really a privilege and an dogs and water hoses and all of those and my friend. honor to be able to meet with men and other things that today we shudder to Mr. JEFFERSON. Mr. Speaker, I women and break bread with them, even think happen, but they were com- want to begin by just acknowledging those men and women who were on the monplace. the gentleman from Georgia (Mr. front lines, taking bold risks to make As we walk through history, we ap- LEWIS) and the gentleman’s place in America a better place. It was because preciate the right to vote, and for history. Sometimes we are here work- of them that democracy was actually those who have always had it, they do ing with you every day, and we do not forced to confront and address its con- not understand how important and pre- appreciate how much you mean to all tradictions. cious it really is. How precious is of us and to our country. Mr. Speaker, I thank the gentleman human decency and basic common Mr. Speaker, I suppose today that from Georgia. I want to thank all of sense and housing, as we have talked there are a couple of people in this those with the Faith and Politics Insti- about. Let me thank the gentleman country who are living now who played tute for really putting this together. I again and Faith and Politics for mak- a more significant role perhaps than hope that everyone in this body and all ing it available. I planned to go, as the the gentleman did in the civil rights of our young people can benefit from gentleman well knows, a couple of movement, but only maybe one or two, the great work that the gentleman is times, and other things happened. I am maybe not that many.

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4147 It is just that small a group that vote. It is a power that none of us different paradigm, because of my trip made this huge difference for all of us, ought to take for granted, that none of with the gentleman, honest to good- and it is important to acknowledge us ought to diminish in the way we ness. that and to thank the gentleman and treat it, that all of us ought to em- I thought about what the gentleman to tell all the Members who serve with brace at this point in our lives and re- said when the gentleman talked about us every day that we serve with a very member those shoulders on which we nonviolence being more than a tactic special Member, with a very special stood back in those days. but a way of life, and the fact that the man who, not only in this country but There were lessons to be learned as part of the movement was not just to around the world, who is known for we went through this pilgrimage with win the struggle but to redeem those what he has done to make human the gentleman. We were reminded of who were on the other side of it, those rights real for people and to inspire all the times that I went through in my who were the enemies of the right to others around the world to fight for life with my mother and her friends vote, the enemies of freedom. human rights. and my family and all those families I felt that I should approach that in I thank the gentleman for being our like her. Because, as the gentleman a different spirit, and it was all because colleague and our friend and for per- points out in his book, it was not just of the gentleman’s teaching in that mitting us to be with the gentleman on the big people at the top. It was the short time that we had there about the this pilgrimage. foot soldiers of the movement that love and the community, about the Let me say, when the gentleman was made the movement, people like my value of nonviolence and about how we starting out, I was a little younger mother and others and the ladies we ought to internalize how we dealt with than the gentleman. I was probably met and the gentleman we met down other people. I called to talk to him about 11 years old back then, living in there with the gentleman in Alabama. about what he had said in a way very a place called Lake Providence, Lou- It was those folks who made the dif- different from the way I would have isiana, in the northeastern part of the ference. had I not gone with the gentleman. State in the Mississippi Delta, though. There is a book, I say to the gen- There is some strength, tremendous I know that the gentleman knows how tleman from Georgia (Mr. LEWIS), that strength, in the nonviolence movement tough it was back then. says But For Birmingham, and if the that comes, as the gentleman said, The things the gentleman recounts in gentleman had not taken the ride in from the inside out. his book, Walking With the Wind, are 1961 and come through Birmingham Mr. Speaker, I thank the gentleman things that I went through as a young and had it happen there, if the gen- for teaching me that, and I thank the boy as well. tleman had not started that movement gentleman for serving with me as a col- I remember when my mother and back then with others, the gentleman’s league. I thank the gentleman for al- others in our family were trying hard colleagues, young people, it shows lowing me to come on the trip. It is a to get the right to vote and to pass a what young people can do with their life-changing experience, and I thank literacy test. When my mother finally lives if they commit themselves. the gentleman for it. got this done in 1926, she was only one The SPEAKER pro tempore (Mr. Mr. MCGOVERN. Mr. Speaker, I yield of five people in our parish to have the KERNS). The time of the gentleman to the gentleman from Georgia (Mr. right to vote. I remember her trying to from Georgia (Mr. LEWIS) has expired. LEWIS). teach other people in our little living Mr. MCGOVERN. Mr. Speaker, I ask Mr. LEWIS of Georgia. Mr. Speaker, room there how to recite the preamble unanimous consent to yield to the gen- I want to thank the gentleman from to the Constitution, how to recite the tleman from Georgia (Mr. LEWIS) an Louisiana (Mr. JEFFERSON), my friend Presidents in order from 1 to 20 or so, additional 10 minutes. and my colleague, for those kind and and how to compute their ages, the The SPEAKER pro tempore. Any ad- extraordinary words. I think we all can year, the month and the day. ditional Members may seek an addi- come together and help build up a lov- They struggled with these things, as tional 5-minute Special Order by unan- ing community and really help build would have the whites in that area imous consent. the truly interracial democracy in back then, but they did not have to Mr. MCGOVERN. Mr. Speaker, I ask America. take it. They had just as little school- unanimous consent to address the We are really one family. We are one ing as the black folks had, but did not House for 5 minutes. house, the American house, the Amer- have to take the test. The SPEAKER pro tempore. Without ican family or the world house or the I remember when in 1966 the Federal objection, the gentleman from Massa- world family. registrars came to town after the pas- chusetts is recognized for 5 minutes. Mr. MCGOVERN. Mr. Speaker, I want sage of the Voting Rights Act. There was no objection. to just say a few words here. In 1966, there was a line formed f Mr. Speaker, first, I want to say that around the little courthouse a lot like I am grateful to the gentleman from you might have seen in the pictures in THIRTY-SIX YEAR ANNIVERSARY Georgia (Mr. LEWIS), my colleague, and South Africa, a long line of folks in our OF MARCH ACROSS EDMUND to the Faith and Politics Institute for little town. And the stories told by my PETTUS BRIDGE giving me and my wife, Lisa, the oppor- mother who was up there watching this The SPEAKER pro tempore. Under a tunity to not only learn more about line and had a fellow named Vaughn, previous order of the House, the gen- the great struggle for civil rights in Henry Vaughn, I remember his name, tleman from Massachusetts (Mr. this country but to be inspired to do who came to that line and said to my MCGOVERN) is recognized for 5 minutes. more right now to make this country mother and her friends and to Rev- Mr. MCGOVERN. Mr. Speaker, I yield an even better country, to have this ex- erend Scott, who was then our local to the gentleman from Louisiana (Mr. perience, to be there with the gen- civil rights leader, Reverend Scott, JEFFERSON). tleman from Georgia (Mr. LEWIS) and why are all your folks lined up like Mr. JEFFERSON. Mr. Speaker, I will Reverend Fred Shuttlesworth, and Ber- this? There is not a one of them who is speak very briefly now to try and end nard Lafayette and Bob Zelner and fit to hold an office. Who you all going this, but there is so much to say. Betty Fikes, all giants in the move- to put in? Reverend Scott said, I do not Mr. Speaker, I want to say to the ment, was a real privilege. know who we are going to put in, but gentleman from Georgia (Mr. LEWIS) at Let me add that I have never heard a there are some folks we want to take the very end, we came back here from voice sing more beautifully than Betty out. the gentleman’s trip to hear remarks Fikes. There is a power in the vote that that Senator BYRD had made and indis- We have had the opportunity to walk went to those folks that never had it creet remarks that he had made on a through history and to retrace the before. Mr. Vaughn approached them television program, and all of us were steps of Martin Luther King, of Rosa because they would have the power to in an uproar about it, but I saw it in a Parks, of the gentleman from Georgia

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(Mr. LEWIS) and Fred Shuttlesworth, took time away from their districts to in this world, there has to be harmony but we also had the opportunity to re- go to revisiting that situation. I re- between the black and the white. That flect on our current challenges in this membered it very well. Even though I is why the creators of the piano made country. was not personally present, I was pray- both black and white keys, one tune I think we all agree that we still erfully present and watched in horror cannot be harmonious without the have a long way to go before we how the gentleman from Georgia (Mr. other. achieve the dream that Martin Luther LEWIS) was attacked by dogs while he As we move forward and we have re- King spoke so passionately about. As sought justice and equality for the peo- sistance in this country and in this Members of Congress, I think we need ple and their particular movement. world now toward equal opportunity, to realize that we need to act. We need Those before me have given the gen- toward affirmative action, toward to do more to fight racism and bigotry tleman from Georgia (Mr. LEWIS) and Americans with disabilities, toward and prejudice in this country. We need the gentleman from New York (Mr. women who seek medical assistance de- to ensure voting rights in this country, HOUGHTON) much praise, for which it spite their economic circumstances, and we need to do that through more was deserved. lest we forget that this is supposed to than just rhetoric. Let me use another example I often be one Nation under God, with liberty We need to pass legislation for real tell students when I talk to them. Just and justice for all people, not just in election reform here in this country. last week I had the privilege of speak- the preamble, not just in some written We need to fight to make sure that ing to 11,000 black engineering students script, but in the spirit of liberty for every child has the opportunity for a who had convened in Indianapolis for everybody. first-rate education. We need to make their national conference. They could I want to close, Mr. Speaker, by sure that everybody in this country have easily been on a beach or having again giving my heart-felt gratitude to gets health care. We need to make sure a party, but they were there trying to the gentleman from Georgia (Mr. that there is funding existing in the further their knowledge in the field of LEWIS), who is from what used to be Department of Justice to enforce our the math and engineering, and I loved the sovereign State of Alabama, I am civil rights laws. them very much for devoting that time from what used to be the sovereign We have a long way to go, and I want to their upward mobility. State of Indiana, for all of the sac- to thank my colleague from Georgia There is a situation that I often de- rifices that he made and those who for giving my wife, Lisa, and I the scribed to children and young people, were with him and those who followed great privilege to not only travel with because I do not want them to not after him that paved the way for many the gentleman but to learn and to be know about it, and that was during the of us. inspired. So I thank the gentleman. early years of the movement, they f Mr. Speaker, I yield to the gentleman were what they call chain gangs. They from Georgia (Mr. LEWIS). would assemble men, strong men, in THIRTY-SIX YEAR ANNIVERSARY Mr. LEWIS of Georgia. Mr. Speaker, chains and make them work on public OF MARCH ACROSS EDMUND let me just thank the gentleman from projects. PETTUS BRIDGE Massachusetts (Mr. MCGOVERN), my There was a chain gang that busted The SPEAKER pro tempore. Under a friend, my colleague, my brother, and out the mountains in Chattanooga, previous order of the House, the gentle- thank the gentleman and his wife for Tennessee, in the Lookout Mountains woman from California (Ms. PELOSI) is making the trip. It is my hope and my in Chattanooga, Tennessee, to enable recognized for 5 minutes. prayer that we will continue, all of us, the engineers of that time to build a Ms. PELOSI. Mr. Speaker, this after- to work together to make real the very highway through the Lookout Moun- noon an unusual quality is the order of essence of our democracy, the idea of tains in Chattanooga, Tennessee. the day, an unusual quality for this one person, one vote, not only that They had to bust out the mountains. House, and that is of humility. people must have a right to vote but They used chisels. They sang songs. It is with great humility that any of also have their vote counted. They were on a chain gang. They were us talk about this trip to Selma, Ala- f enslaved, but they did their jobs so bama, to Montgomery and to Bir- that a highway could be planned and mingham in the presence of the gen- THIRTY-SIX YEAR ANNIVERSARY laid by engineers. tleman from Georgia (Mr. LEWIS), our OF MARCH ACROSS EDMUND As we travel through this life, wheth- colleague. With humility and gratitude PETTUS BRIDGE er we are in Congress or whether we to the gentleman from Georgia (Mr. Ms. CARSON of Indiana. Mr. Speak- are in various professions, we can never LEWIS) and to the gentleman from New er, I ask unanimous consent to address forget those who paved the way for us, York (Mr. HOUGHTON) and to the Faith the House for 5 minutes. who shared the sweat and the tears and and Politics Institute, I am grateful to The SPEAKER pro tempore. Without had the commitment for the future the gentleman from Georgia (Mr. objection, the gentlewoman from Indi- generations to have an opportunity to LEWIS) for the opportunity to bring my ana (Ms. CARSON) is recognized for 5 move on. daughter Christine, for the two of us to minutes. Mr. Speaker, I want to praise again be able to go with you to walk through There was no objection. the gentleman from Georgia (Mr. history. Ms. CARSON of Indiana. Mr. Speak- LEWIS), my colleague. And as my col- er, I am very humbled by this oppor- leagues know, I was the one that b 1530 tunity to join with my colleagues who bought the idea of a Congressional It is a tradition in our country that had the invaluable experience of jour- Gold Medal to the United States House families take their children to visit neying to Montgomery in terms of a re- of Representatives on behalf of the Boston and Philadelphia, to see places enactment of the Montgomery boycott mothers of civil rights movement for of significance, Washington DC., in our that was led by the gentleman from Ms. Rosa Parks, and I did that as an in- country’s history. We must add to that Georgia (Mr. LEWIS), my distinguished spiration to those who would not forget list of must visits Alabama, Bir- colleague, who was born in what used the people that paved the way for us. mingham, to see what happened and to be the sovereign State of Alabama, While she sat there, the whole world how it is memorialized at the museum and certainly the gentleman from New stood up and brought people together, and in the monuments there, with the York (Mr. HOUGHTON). The gentleman brought the name of Dr. Martin Luther dogs and the hoses and the rest, to see from New York (Mr. HOUGHTON) did not King to the ears and eyes of America. we are capable of man’s inhumanity to have to be there because of his situa- While Rosa Parks just sat there, the man, to Montgomery to see the sites of tion, but he was. whole world stood up. the march, and to Selma to see where I want to give praise and com- Let me end, Mr. Speaker, by remind- the gentleman from Georgia (Mr. pliments to all of the Members who ing us that, in order to have harmony LEWIS) crossed over the bridge and

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 March 21, 2001 CONGRESSIONAL RECORD—HOUSE 4149 where he was physically beaten for his the time to thank all of the staff of SPECIAL ORDERS GRANTED courage. Faith and Politics, staff from the Cap- By unanimous consent, permission to What stands out to me and what I itol, the Capitol Police, and others that address the House, following the legis- want to use my brief time, Mr. Speak- assisted us in making this trip a very lative program and any special orders er, on this Special Order that the gen- successful trip. heretofore entered, was granted to: tleman from Georgia (Mr. LEWIS) is We have come a distance in the past (The following Members (at the re- participating in, and I thank him for 36 years toward laying down the word quest of Mrs. MINK of Hawaii) to revise allowing us to have this time to ex- on race, toward creating a truly inter- and extend their remarks and include press our appreciation for that very, racial democracy. We are on our way extraneous material:) very special visit, which, as the gen- toward the building of the beloved Mr. LANGEVIN, for 5 minutes, today. tleman from Louisiana (Mr. JEFFER- community. We are not there yet; but Mrs. CAPPS, for 5 minutes, today. SON) said, has made a difference in all during the past 36 years, we traveled Ms. NORTON, for 5 minutes, today. of our lives, is I want to talk for a mo- such a distance. Ms. CARSON of Indiana, for 5 minutes, ment about the Reverend Martin Lu- Those signs that I saw in Selma that today. ther King. said ‘‘white men,’’ ‘‘colored men,’’ Mr. GREEN of Texas, for 5 minutes, Reverend King is revered in our coun- ‘‘white women,’’ ‘‘colored women,’’ today. try as a great leader. Indeed, he has they are gone. They will not return. (The following Members (at the re- joined the ranks of American Presi- Today, in Selma, Alabama, in Mont- quest of Mr. FOLEY) to revise and ex- dents in having a day named for him gomery, in Birmingham, you have bira- tend their remarks and include extra- where people honor his contribution to cial government, black people, white neous material:) our country. But I wish that more peo- people working together to create a Mr. HEFLEY, for 5 minutes, today. ple would honor him more fully and sense of community, to create a sense Mr. DUNCAN, for 5 minutes, today. have a greater appreciation for his con- of family. Mr. JONES of North Carolina, for 5 tribution. Certainly he was a great If there is anything we learned from minutes, March 22. civil rights leader; but he was also a this trip, even here in the House, the Mr. PETERSON of Pennsylvania, for 5 disciple, an apostle of nonviolence, people’s House, the House of Represent- minutes, today and March 22. faith-based nonviolence that was cen- atives, we can create a sense of family, (The following Members (at their own tral to his success, to his strength, and one family, one House, the American request) to revise and extend their re- to the contribution that he made to House, the American family. marks and include extraneous mate- our country. So, in closing my remarks, I want to f rial:) say that I hope that one of the resolves Mr. HAYWORTH, for 5 minutes, today. LEAVE OF ABSENCE that comes out of our visit and out of Ms. WOOLSEY, for 5 minutes, today. this Special Order and out of our work By unanimous consent, leave of ab- Mr. MCGOVERN, for 5 minutes, today. in Congress is a fuller appreciation sence was granted to: Ms. CARSON of Indiana, for 5 minutes, throughout our country in our schools Mr. MICA (at the request of Mr. today. for the work of Reverend Martin Lu- ARMEY) for today on account of trav- Ms. PELOSI, for 5 minutes, today. ther King. I hope on another occasion eling with the President. f to say more on that subject. Mr. WELDON of Florida (at the re- Mr. Speaker, I am pleased with great quest of Mr. ARMEY) for today on ac- ADJOURNMENT humility and gratitude to yield to the count of traveling with the President. Ms. PELOSI. Mr. Speaker, I move gentleman from Georgia (Mr. LEWIS). Mr. KELLER (at the request of Mr. that the House do now adjourn. Mr. LEWIS of Georgia. Mr. Speaker, ARMEY) for today on account of trav- The motion was agreed to; accord- I want to thank the gentlewoman from eling with the President. ingly (at 3 o’clock and 34 minutes California (Ms. PELOSI), my friend and Mr. BECERRA (at the request of Mr. p.m.), the House adjourned until to- my colleague, for yielding and for GEPHARDT) for today on account of per- morrow, Thursday, March 22, 2001, at 10 going on this trip. I want to alsoh take sonal business. a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel, by Committees of the House of Representatives, pursuant to Public Law 95–384, and for miscellaneous groups in connection with official foreign travel during the first quarter of 2001 are as follows:

REPORTS OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO RUSSIA, MOLDOVA, AND UKRAINE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 18 AND FEB. 24, 2001

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of member or employee Country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Arrival Departure rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 rency 2 rency 2 rency 2

Xenia Horczakiwskyj ...... 2/18 2/21 Russia ...... 979.50 ...... 2/21 2/22 Moldova ...... 225.00 ...... 2/22 2/23 Ukraine ...... 269.00 ...... 2/23 2/24 Russia ...... 326.50 ...... 801.38 ......

Committee totals ...... 1,800.00 ...... 801.38 ...... 2,601.38

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. XENIA HORCZAKIWSKYJ, March 7, 2001.

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00045 Fmt 0688 Sfmt 8634 E:\BR01\H21MR1.001 H21MR1 4150 CONGRESSIONAL RECORD—HOUSE March 21, 2001 EXECUTIVE COMMUNICATIONS, 1296. A letter from the Comptroller Gen- H.R. 1138. A bill to amend section 402 of the ETC. eral, General Accounting Office, transmit- Federal Water Pollution Control Act to pro- ting a report entitled, ‘‘Framework for Con- vide that no permit shall be required for ani- Under clause 8 of rule XII, executive sidering Budgetary Implications of Selected mal feeding operations within the boundaries communications were taken from the GAO Work’’; to the Committee on Govern- of a State if the State has established and is Speaker’s table and referred as follows: ment Reform. implementing a nutrient management pro- 1285. A letter from the Acting Assistant 1297. A letter from the Managing Director, gram for those animal feeding operations; to Secretary, Department of Defense, transmit- National Transportation Safety Board, the Committee on Transportation and Infra- ting a report on the Angel Gate Academy transmitting the Board’s Inventory of Com- structure. Program; to the Committee on Armed Serv- mercial Activities as required under the Fed- By Mrs. BONO (for herself, Mr. STUMP, ices. eral Activities Reform Act of 1998; to the Mr. DOOLITTLE, and Mr. HERGER): 1286. A letter from the Deputy Under Sec- Committee on Government Reform. H.R. 1139. A bill to terminate the participa- retary of Defense, Office of the Director of 1298. A letter from the Chairman, Board of tion of the Forest Service in the Rec- Defense Research and Engineering, Depart- Directors, Tennessee Valley Authority, reational Fee Demonstration Program; to ment of Defense, transmitting the Annual transmitting the report in compliance with the Committee on Resources, and in addition Report of the Strategic Environmental the Government in the Sunshine Act for Cal- to the Committee on Agriculture, for a pe- Reserch and Development Program for Fis- endar Year 2000, pursuant to 5 U.S.C. 552b(j); riod to be subsequently determined by the cal Year 2000; to the Committee on Armed to the Committee on Government Reform. Speaker, in each case for consideration of Services. 1299. A letter from the Deputy Assistant such provisions as fall within the jurisdic- 1287. A letter from the Secretary, Depart- Secretary, Budget and Finance, Department tion of the committee concerned. ment of Defense, transmitting a letter in re- of the Interior, transmitting the annual re- By Mr. YOUNG of Alaska (for himself, sponse to the annual report on cost savings port entitled, ‘‘Outer Continental Shelf Mr. OBERSTAR, Mr. QUINN, and Mr. resulting from workforce reductions which is Lease Sales: Evaluation of Bidding Results’’ CLEMENT): due no later than February 1 of each fiscal for fiscal year 2000, pursuant to 43 U.S.C. H.R. 1140. A bill to modernize the financing year, will be submitted within 90 days; to the 1337(a)(9); to the Committee on Resources. of the railroad retirement system and to pro- Committee on Armed Services. 1300. A letter from the Secretary, Depart- vide enhanced benefits to employees and 1288. A letter from the Principal Deputy ment of the Interior, transmitting the 2000 beneficiaries; to the Committee on Transpor- Under Secretary, Department of Defense, Annual Report for the Office of Surface Min- tation and Infrastructure, and in addition to transmitting the Defense Science Board Let- ing (OSM), pursuant to 30 U.S.C. 1211(f), the Committee on Ways and Means, for a peter Report on the Department of Defense 1267(g), and 1295; to the Committee on Re- riod to be subsequently determined by the Science and Technology Program; to the sources. Speaker, in each case for consideration of Committee on Armed Services. 1301. A letter from the The United States such provisions as fall within the jurisdic- 1289. A letter from the Secretary, Depart- Trade Representative, Executive Office of tion of the committee concerned. ment of Health and Human Services, trans- the President, transmitting a report on the By Mr. COLLINS (for himself, Mr. mitting the 2001 Report To Congress On Tele- pending accession to the World Trade Orga- LEWIS of Georgia, and Mr. TANNER): medicine; to the Committee on Energy and nization of the Republic of Moldova; to the H.R. 1141. A bill to provide duty-free treat- Commerce. Committee on Ways and Means. ment for certain steam or other vapor gener- 1290. A letter from the Deputy Associate 1302. A letter from the Chief, Regulations ating boilers used in nuclear facilities; to the Administrator, Environmental Protection Unit, Internal Revenue Service, transmitting Committee on Ways and Means. Agency, transmitting the Agency’s final the Service’s final rule—Form 7004- Research By Mr. CONYERS (for himself, Mrs. rule—Determination of Nonattainment as of Credit Suspension Period [Notice 2001–29] re- CHRISTENSEN, Mr. BONIOR, and Mrs. November 15, 1996, and Reclassification of ceived March 13, 2001, pursuant to 5 U.S.C. JONES of Ohio): the St. Louis Ozone Nonattainment Area; 801(a)(1)(A); to the Committee on Ways and H.R. 1142. A bill to amend title XIX of the States of Missouri and Illinois [MO 061–0161a; Means. Social Security Act to permit uninsured in- IL 187–2; FRL–6955–4] received March 14, 2001, 1303. A letter from the Chief, Regulations dividuals to obtain coverage under the Med- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Unit, Internal Revenue Service, transmitting icaid Program, to assure coverage of pre- mittee on Energy and Commerce. the Service’s final rule—Determination of scription drugs, alcohol and drug abuse 1291. A letter from the Deputy Associate Issue Price in the Case of Certain Debt In- treatment services, mental health services, Administrator, Environmental Protection struments Issued for Property [Rev. Rul. long-term care services, and other services, Agency, transmitting the Agency’s final 2001–17] received March 16, 2001, pursuant to and for other purposes; to the Committee on rule—Clean Air Act Full Approval of Oper- 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. ating Permit Program; Tennessee and Mem- Ways and Means. By Mr. DIAZ-BALART (for himself, phis-Shelby County [TN-T5–2001–01a; FRL– 1304. A letter from the Chief, Regulations Mr. WAXMAN, Ms. ROS-LEHTINEN, Mr. 6956–6] received March 16, 2001, pursuant to 5 Unit, Internal Revenue Service, transmitting FOLEY, Mr. GILMAN, Mr. GREEN of U.S.C. 801(a)(1)(A); to the Committee on En- the Service’s final rule—Gross Income De- Texas, Mr. GUTIERREZ, Mr. KING, Mr. ergy and Commerce. fined [Rev Rul. 2001–13] received March 16, LEVIN, Mr. MENENDEZ, Mrs. MORELLA, 1292. A letter from the Deputy Associate 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. RODRIGUEZ, and Ms. ROYBAL-AL- Administrator, Environmental Protection Committee on Ways and Means. LARD): Agency, transmitting the Agency’s final 1305. A letter from the Deputy Associate H.R. 1143. A bill to amend titles XIX and rule—Approval and Promulgation of Imple- Administrator, Environmental Protection XXI of the Social Security Act to permit mentation Plans; Texas; Electric Generating Agency, transmitting the Agency’s final States the option of coverage of legal immi- Facilities; and Major Stationary Sources of rule—Availability of ‘‘Award of Grants and grants under the Medicaid Program and the Nitrogen Oxides for the Dallas/Fort Worth Cooperative Agreements for the Special State children’s health insurance program Ozone Nonattainment Area [TX–126–2–7486; Projects and Programs Authorized by the (SCHIP); to the Committee on Energy and FRL–6952–9] received March 12, 2001, pursu- Agency’s FY 2001 Appropriations Act and the Commerce, and in addition to the Committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee FY 2001 Consolidated Appropriations Act’’ on the Judiciary, for a period to be subse- on Energy and Commerce. [FRL–6951–5] received March 6, 2001, pursuant quently determined by the Speaker, in each 1293. A letter from the Acting Assistant to 5 U.S.C. 801(a)(1)(A); jointly to the Com- case for consideration of such provisions as Secretary for Legislative Affairs, Depart- mittees on Energy and Commerce and Trans- fall within the jurisdiction of the committee ment of State, transmitting a report on portation and Infrastructure. concerned. Workforce Planning for Foreign Service Per- 1306. A letter from the Acting Assistant By Mr. ENGEL: sonnel; to the Committee on International Administrator for Fisheries, National Oce- H.R. 1144. A bill to provide for an increase Relations. anic and Atmospheric Administration, trans- in the Federal investment in research on 1294. A letter from the Comptroller Gen- mitting a report on bluefin tuna for 1999– cancer, Alzheimer’s disease, and asthma by eral, General Accounting Office, transmit- 2000; jointly to the Committees on Resources $2,000,000,000 for fiscal year 2002, and to ex- ting a report on the failure of the Depart- and International Relations. press the sense of the House of Representa- ment of Defense to provide access to certain tives that the Federal investment in such re- f records to the General Accounting Office, search should further be increased for each pursuant to 31 U.S.C. 716(b)(1); to the Com- PUBLIC BILLS AND RESOLUTIONS of the fiscal years 2003 through 2006; to the mittee on Government Reform. Under clause 2 of rule XII, public Committee on Energy and Commerce. 1295. A letter from the Chairman, Federal bills and resolutions were introduced By Mr. ENGLISH (for himself, Mr. Maritime Commission, transmitting the An- SHERWOOD, Ms. HART, and Mr. nual Program Performance Report for FY and severally referred, as follows: KUCINICH): 2000; to the Committee on Government Re- By Mr. SMITH of Michigan (for himself H.R. 1145. A bill to amend the Surface Min- form. and Mrs. EMERSON): ing Control and Reclamation Act of 1977 to

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assure that the full amount deposited in the SANDERS, Mr. DELAHUNT, Mr. HALL of Mr. SHERMAN, Mr. HOLT, Mr. WELDON Abandoned Mine Reclamation Fund is spent Ohio, Mr. OBERSTAR, Mr. OLVER, Mr. of Pennsylvania, Mr. LEWIS of Cali- for the purposes for which that Fund was es- WEXLER, Mr. ABERCROMBIE, Mr. NAD- fornia, Mr. DEAL of Georgia, Mr. tablished; to the Committee on Resources. LER, Mr. TRAFICANT, Mr. MOAKLEY, BRADY of Pennsylvania, Mr. GREEN of By Mr. PAUL (for himself, Mr. STUMP, Mr. MCDERMOTT, Mr. PETERSON of Texas, Mr. UDALL of Colorado, Mrs. and Mr. POMBO): Minnesota, Ms. BROWN of Florida, Ms. JONES of Ohio, Mr. BARCIA, Mr. FARR H.R. 1146. A bill to end membership of the MCCARTHY of Missouri, Mr. CAPUANO, of California, Mr. DEFAZIO, Mr. NAD- United States in the United Nations; to the Mr. ENGEL, Mr. GEORGE MILLER of LER, Mr. BERMAN, Mr. JONES of North Committee on International Relations. California, Mr. FILNER, Ms. KAPTUR, Carolina, Mrs. NORTHUP, Mr. WELLER, By Mr. ENGLISH (for himself, Ms. Mr. LEWIS of Georgia, Mr. COSTELLO, Mr. ENGLISH, Mr. BORSKI, Mr. HART, and Mr. RYUN of Kansas): Mr. PHELPS, Mr. MATSUI, Mr. EVANS, MALONEY of Connecticut, Mr. LAN- H.R. 1147. A bill to prohibit the exportation Mr. SERRANO, Mr. MCNULTY, Mr. LU- TOS, Mr. BASS, Mr. ACKERMAN, Mr. of Alaskan North Slope crude oil; to the THER, Mr. BARRETT, Mr. HOLT, Mr. GREEN of Wisconsin, Mr. MEEHAN, Mr. Committee on International Relations, and DOYLE, Mr. STARK, Ms. RIVERS, Ms. CLYBURN, Mr. NEAL of Massachusetts, in addition to the Committee on Resources, WATERS, Ms. ESHOO, Mrs. LOWEY, Ms. Ms. BROWN of Florida, Mr. CROWLEY, for a period to be subsequently determined VELA´ ZQUEZ, Mr. UNDERWOOD, and Mr. Mr. KILDEE, Mr. HOEFFEL, Mr. HYDE, by the Speaker, in each case for consider- SANDLIN): Mr. POMEROY, Mr. SAXTON, Mr. KEN- ation of such provisions as fall within the ju- H.R. 1152. A bill to promote human rights, NEDY of Rhode Island, Mr. HALL of risdiction of the committee concerned. democracy, and the rule of law by providing Ohio, Mr. DICKS, Mr. FRANK, Mr. By Mr. HILLEARY (for himself, Mr. a process for executive agencies for declas- WEINER, Mr. WELDON of Florida, Mrs. JOHN, Mr. BISHOP, Mr. DEMINT, and sifying on an expedited basis and disclosing CAPPS, Mr. PRICE of North Carolina, Mr. NORWOOD): certain documents relating to human rights Mrs. JOHNSON of Connecticut, Mr. H.R. 1148. A bill to provide grants to cer- abuses in countries other than the United FILNER, Mr. SCARBOROUGH, and Mr. tain rural local educational agencies; to the States; to the Committee on Government GREENWOOD): Committee on Education and the Workforce. Reform. H.R. 1155. A bill to amend the Animal Wel- By Mr. HONDA (for himself and Mr. By Mr. MALONEY of Connecticut: fare Act to strike the limitation that per- HORN): H.R. 1153. A bill to amend the Internal Rev- mits interstate movement of live birds, for H.R. 1149. A bill to amend the Domestic enue Code of 1986 to increase the child tax the purpose of fighting, to States in which Volunteer Service Act of 1973 to create as a credit to $2,000 per child and make such cred- animal fighting is lawful; to the Committee component of the Volunteers in Service to it refundable; to the Committee on Ways and America program a technology corps that Means. on Agriculture. uses VISTA volunteers and other persons By Mr. NADLER (for himself, Mr. By Mr. SIMPSON (for himself, Mr. GIB- BONS, Mr. OTTER, Mr. STUMP, and Mr. with expertise regarding information tech- MEEKS of New York, Mr. MCGOVERN, SCHAFFER): nology to facilitate the use of information Ms. VELA´ ZQUEZ, Mrs. CHRISTENSEN, technology in schools, libraries, and commu- Mr. SERRANO, Mr. STARK, Mr. LAN- H.R. 1156. A bill to preserve the authority nity centers, and for other purposes; to the TOS, Ms. MCKINNEY, Ms. NORTON, Ms. of the States over waters within their bound- Committee on Education and the Workforce, WATERS, Mr. RANGEL, Mr. PAYNE, Ms. aries, to delegate the authority of the Con- and in addition to the Committee on Ways RIVERS, Ms. CARSON of Indiana, and gress to the States to regulate water, and for and Means, for a period to be subsequently Ms. EDDIE BERNICE JOHNSON of other purposes; to the Committee on the Ju- determined by the Speaker, in each case for Texas): diciary, and in addition to the Committee on consideration of such provisions as fall with- H.R. 1154. A bill to require Federal law en- Resources, for a period to be subsequently in the jurisdiction of the committee con- forcement agencies to expunge voidable ar- determined by the Speaker, in each case for cerned. rest records, to provide incentive funds to consideration of such provisions as fall with- By Mr. HUTCHINSON (for himself, Mr. States that have in effect a system for in the jurisdiction of the committee con- BRADY of Texas, Mr. MORAN of Kan- expunging such records, and for other pur- cerned. sas, Mr. HULSHOF, and Mr. PETRI): poses; to the Committee on the Judiciary. By Mr. THOMPSON of California (for H.R. 1150. A bill to amend the Federal Elec- By Mr. PETERSON of Minnesota (for himself, Mrs. BONO, Mr. CALVERT, Mr. tion Campaign Act of 1971 to reform the fi- himself, Ms. BALDWIN, Mr. CUMMINGS, CUNNINGHAM, Mr. DOOLITTLE, Ms. nancing of campaigns for elections for Fed- Mrs. MCCARTHY of New York, Mr. DUNN, Mr. GALLEGLY, Mr. GREEN- eral office, and for other purposes; to the SHAYS, Mr. COSTELLO, Mrs. LOWEY, WOOD, Mr. HANSEN, Mr. HERGER, Mr. Committee on House Administration, and in Mr. CLAY, Ms. SLAUGHTER, Mr. HORN, Mr. HUNTER, Mr. ISSA, Mr. addition to the Committees on Education GILCHREST, Mr. WYNN, Mr. SABO, Ms. MCKEON, Mr. OSE, Mr. OTTER, Mr. and the Workforce, and the Judiciary, for a MILLENDER-MCDONALD, Mr. LEVIN, POMBO, Mr. RADANOVICH, Mr. SIMP- period to be subsequently determined by the Mr. SHAW, Mr. BARTLETT of Mary- SON, Mr. WALDEN of Oregon, Mr. Speaker, in each case for consideration of land, Mr. CHABOT, Mr. BLAGOJEVICH, YOUNG of Alaska, Mr. BACA, Mr. such provisions as fall within the jurisdic- Mr. WU, Mr. DEUTSCH, Mr. GILMAN, BAIRD, Mr. BECERRA, Mr. BERMAN, tion of the committee concerned. Mr. PASCRELL, Mr. OSE, Ms. WOOL- Mr. BLUMENAUER, Mrs. CAPPS, Mr. By Mr. LANGEVIN (for himself, Mrs. SEY, Mr. CAPUANO, Mr. BENTSEN, Mr. CONDIT, Mrs. DAVIS of California, Mr. MALONEY of New York, Mr. BROWN of GONZALEZ, Mrs. TAUSCHER, Mr. DICKS, Mr. DEFAZIO, Mr. DOOLEY of Ohio, Mr. STARK, Mr. MCGOVERN, Mr. TANCREDO, Mr. DELAHUNT, Mr. AN- California, Mr. ENGLISH, Ms. ESHOO, FRANK, Mr. KENNEDY of Rhode Island, DREWS, Mr. UPTON, Ms. HOOLEY of Or- Mr. FARR of California, Mr. FILNER, and Mr. LANTOS): egon, Mr. ENGEL, Mr. NETHERCUTT, Mr. HINCHEY, Mr. HONDA, Ms. HOOLEY H.R. 1151. A bill to direct the Federal Elec- Mr. INSLEE, Mr. WEXLER, Mr. CRANE, of Oregon, Mr. INSLEE, Mr. LEWIS of tion Commission to issue voluntary stand- Mr. BALDACCI, Mr. WOLF, Mr. OLVER, California, Mr. LANTOS, Mr. LARSEN ards to promote the accessibility and effec- Mrs. MALONEY of New York, Mrs. of Washington, Ms. LEE, Ms. tive use of voting systems, voting equip- MORELLA, Mr. DOYLE, Mr. TRAFICANT, LOFGREN, Mr. MATSUI, Mr. ment, and polling places, to make grants to Mr. LEACH, Mr. KLECZKA, Mr. GEORGE MCDERMOTT, Mr. MCGOVERN, Ms. assist States in complying with such stand- MILLER of California, Mr. STARK, Ms. MILLENDER-MCDONALD, Mr. GEORGE ards and carrying out other activities to pro- KILPATRICK, Mr. HINCHEY, Mr. BOEH- MILLER of California, Mrs. mote accessibility in voting, and for other LERT, Mr. RANGEL, Mr. ISAKSON, Mr. NAPOLITANO, Ms. PELOSI, Mr. REYES, purposes; to the Committee on House Admin- SANDERS, Ms. SCHAKOWSKY, Mr. Ms. ROYBAL-ALLARD, Ms. SANCHEZ, istration. PHELPS, Mr. SMITH of Washington, Ms. SOLIS, Mr. SHERMAN, Mr. SCHIFF, By Mr. LANTOS (for himself, Mrs. Mr. SMITH of New Jersey, Mr. KOLBE, Mr. STARK, Mr. STUPAK, Mrs. MORELLA, Mr. WAXMAN, Mr. GILMAN, Mr. PALLONE, Mr. LEWIS of Georgia, TAUSCHER, Mr. UDALL of Colorado, Mr. SHAYS, Mr. HORN, Mr. KUCINICH, Mr. HORN, Mr. BLUMENAUER, Mr. Mr. UDALL of New Mexico, Ms. WA- Mr. TOM DAVIS of Virginia, Mr. ALLEN, Mr. PAYNE, Mr. MORAN of Vir- TERS, Ms. WOOLSEY, and Mr. WU): OWENS, Mr. SMITH of New Jersey, Ms. ginia, Mr. TIERNEY, Ms. RIVERS, Mr. PELOSI, Mr. LAHOOD, Mr. TOWNS, Mr. BOUCHER, Mrs. ROUKEMA, Mr. THOMP- H.R. 1157. A bill to authorize the Secretary UPTON, Mr. KANJORSKI, Mrs. MINK of SON of California, Mr. EVANS, Mr. LI- of Commerce to provide financial assistance Hawaii, Mrs. MALONEY of New York, PINSKI, Mr. TOWNS, Mr. LUTHER, Mr. to the States of Alaska, Washington, Oregon, Ms. NORTON, Mr. CUMMINGS, Mr. MCGOVERN, Mrs. KELLY, Mr. California, and Idaho for salmon habitat res- BLAGOJEVICH, Mr. DAVIS of Illinois, GALLEGLY, Ms. SANCHEZ, Ms. MCKIN- toration projects in coastal waters and up- Mr. TIERNEY, Mr. TURNER, Mr. ALLEN, NEY, Mr. WHITFIELD, Ms. ROYBAL-AL- land drainages, and for other purposes; to Ms. SCHAKOWSKY, Mr. CLAY, Mr. LARD, Mr. CONYERS, Mr. KUCINICH, the Committee on Resources.

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 4152 CONGRESSIONAL RECORD—HOUSE March 21, 2001 By Mr. THORNBERRY: PRIVATE BILLS AND FROST, Mr. FRANK, Ms. SOLIS, Mr. BROWN of H.R. 1158. A bill to establish the National RESOLUTIONS Ohio, Mrs. MINK of Hawaii, Ms. SCHAKOWSKY, Homeland Security Agency; to the Com- Mr. GREEN of Texas, Mrs. JONES of Ohio, Mr. mittee on Government Reform. Under clause 3 of rule XII, GONZALEZ, Ms. CARSON of Indiana, Mr. By Mr. LANTOS (for himself, Mr. COX, Mr. LATOURETTE introduced a bill (H.R. CUMMINGS, Mr. KILDEE, Mr. LANTOS, and Mr. Mr. SHERMAN, Mr. CAPUANO, Mr. 1159) for the relief of Stefan Zajak and Te- BALDACCI. BROWN of Ohio, Mr. BLAGOJEVICH, Ms. resa Bartoszewska-Zajak; which was referred H.R. 637: Mr. PAUL and Mr. SMITH of Texas. PELOSI, Mr. WOLF, Mr. HORN, Mr. to the Committee on the Judiciary. H.R. 643: Mr. ABERCROMBIE. DEFAZIO, Ms. WOOLSEY, Mr. MENEN- f H.R. 645: Mr. ABERCROMBIE. DEZ, Mr. HOYER, Mr. EVANS, Mr. H.R. 668: Mr. LANTOS, Mrs. MINK of Hawaii, FRANK, Mr. ABERCROMBIE, Mr. PAYNE, ADDITIONAL SPONSORS Ms. CARSON of Indiana, Mr. SOUDER, and Mr. Mr. WYNN, Mr. HOEFFEL, Ms. KAPTUR, Under clause 7 of rule XII, sponsors ACEVEDO-VILA. Mr. WAMP, Mr. ROHRABACHER, Mr. were added to public bills and resolu- H.R. 680: Mr. OWENS and Ms. CARSON of In- DELAY, Mr. FALEOMAVAEGA, Mr. tions as follows: diana. SMITH of New Jersey, Mr. BRADY of H.R. 683: Mr. JOHN, Mr. KLECZKA, Mr. H.R. 51: Mr. POMBO, Mr. FARR of California, Pennsylvania, Mr. GEORGE MILLER of LANGEVIN, Mr. UDALL of Colorado, Mr. Mr. OTTER, and Mr. ISSA. California, Mr. DIAZ-BALART, Mr. PAYNE, Ms. LEE, and Ms. DELAURO. H.R. 145: Mr. DAVIS of Illinois and Mr. PALLONE, Mr. BONIOR, Ms. BERKLEY, H.R. 690: Mr. RANGEL, Mr. HOEFFEL, Mr. LANGEVIN. Ms. LEE, Mr. STRICKLAND, Mr. JONES CLAY, Mr. HASTINGS of Florida, Mr. AN- H.R. 162: Mr. HOLT, Mr. ABERCROMBIE, Mr. of North Carolina, Mr. STARK, Mr. DREWS, and Mr. RUSH. PALLONE, Mr. LEVIN, Mr. JEFFERSON, Ms. KIRK, Mr. GUTIERREZ, Ms. SLAUGH- H.R. 691: Mr. BORSKI and Mr. PETRI. BALDWIN, Mr. DAVIS of Illinois, Mr. KIND, and TER, Mr. ENGEL, Mr. GEPHARDT, Mr. H.R. 747: Ms. WOOLSEY. Mr. SAWYER. LEWIS of Georgia, Mr. GOODE, Mr. H.R. 752: Mr. SMITH of New Jersey. H.R. 179: Mr. CLYBURN, Mrs. CUBIN, Mr. SOUDER, Mr. TANCREDO, Mr. DEMINT, H.R. 755: Ms. JACKSON-LEE of Texas, Ms. DOOLITTLE, Mr. GRAHAM, Mr. HONDA, Mrs. Mr. HOEKSTRA, Mr. SCHAFFER, Mr. BROWN of Florida, Ms. MCKINNEY, Mr. LOWEY, Mr. OTTER, Mr. PUTNAM, Mr. SCOTT, HOSTETTLER, Mr. SAM JOHNSON of DOOLEY of California, Mr. INSLEE, Mr. DICKS, Mr. SIMPSON, Ms. SOLIS, and Mr. UPTON. Texas, Mr. DOOLITTLE, Mr. SHADEGG, Ms. SOLIS, Mr. MOORE, Mrs. KELLY, and Mr. H.R. 189: Mr. LAHOOD. and Mr. PENCE): LEWIS of Georgia. H.R. 192: Mr. LOBIONDO. H.R. 770: Mr. PETERSON of Minnesota. H. Con. Res. 73. Concurrent resolution ex- H.R. 199: Mr. KING, Mr. KILDEE, Mr. H.R. 781: Mr. PALLONE, Ms. LEE, and Mr. pressing the sense of Congress that the 2008 MCNULTY, and Mr. HAYWORTH. HONDA. Olympic Games should not be held in Beijing H.R. 225: Ms. LOFGREN, Mr. GEORGE MILLER H.R. 783: Mr. KUCINICH. unless the Government of the People’s Re- of California, Mr. CUMMINGS, Mrs. LOWEY, H.R. 801: Mr. TERRY, Mr. SNYDER, and Mr. public of China releases all political pris- and Ms. KILPATRICK. GUTIERREZ. oners, ratifies the International Covenant on H.R. 281: Mr. SPENCE, Mr. GILMAN, Mr. H.R. 811: Ms. CARSON of Indiana, Mr. SNY- Civil and Political Rights, and observes COOKSEY, and Mr. JEFFERSON. DER, and Mr. GUTIERREZ. internationally recognized human rights; to H.R. 292: Mr. DAVIS of Illinois. H.R. 817: Mr. TIBERI and Mr. BALDACCI. the Committee on International Relations. H.R. 303: Mr. MEEHAN, Mr. REHBERG, Mr. H.R. 870: Mr. BONIOR, Mr. MCGOVERN, Ms. By Mr. LATOURETTE (for himself and GREENWOOD, Mr. MARKEY, and Mr. BARCIA. HART, Mr. RODRIGUEZ, Mr. REYES, Mr. GON- Mr. COSTELLO): H.R. 326: Mr. MEEHAN and Mr. LANTOS. ZALEZ, and Mr. RUSH. H. Con. Res. 74. Concurrent resolution au- H.R. 370: Mr. SOUDER. H.R. 907: Mrs. MALONEY of New York. thorizing the use of the Capitol Grounds for H.R. 380: Ms. LEE. H.R. 912: Mr. ACKERMAN, Mrs. CAPPS, Mr. the 20th annual National Peace Officers’ Me- H.R. 440: Mr. BALDACCI. DEFAZIO, Mr. DICKS, and Mr. REYES. morial Service; to the Committee on Trans- H.R. 488: Mrs. LOWEY. H.R. 962: Mr. ENGEL, Ms. KILPATRICK, Ms. portation and Infrastructure. H.R. 504: Mr. THOMPSON of California, Ms. MCCOLLUM, Mr. SMITH of New Jersey, Ms. By Mr. SIMMONS (for himself, Mr. CARSON of Indiana, Mr. BONIOR, Mr. KOLBE, NORTON, Mrs. LOWEY, and Mr. PASCRELL. LATOURETTE, Ms. BALDWIN, Mr. FER- Mr. SANDLIN, Ms. SCHAKOWSKY, Mrs. WILSON, H.R. 964: Mr. FRANK, Mr. ABERCROMBIE, Ms. GUSON, Mr. WOLF, and Mr. HOLDEN): Mr. GUTIERREZ, Mr. PAYNE, Mr. LANGEVIN, SCHAKOWSKY, Mr. FROST, Ms. LOFGREN, Mr. H. Con. Res. 75. Concurrent resolution ex- Mr. GONZALEZ, and Mr. DOYLE. BLAGOJEVICH, Mr. RODRIGUEZ, Mr. CAPUANO, pressing the sense of the Congress that a H.R. 511: Ms. SCHAKOWSKY. Mr. GONZALEZ, Ms. MCKINNEY, Ms. SOLIS, and commemorative postage stamp should be H.R. 525: Mr. PASCRELL. Mr. LANTOS. issued honoring Hiram Bingham IV, and that H.R. 526: Ms. SCHAKOWSKY, Mr. RAHALL, H.R. 969: Mr. SMITH of Texas. the Citizens’ Stamp Advisory Committee Mr. PASTOR, Mr. INSLEE, Ms. SOLIS, Mr. H.R. 994: Ms. DELAURO, Ms. MILLENDER- should recommend to the Postmaster Gen- MENENDEZ, Mr. BERMAN, Mr. BENTSEN, Mr. MCDONALD, Mr. FATTAH, Mrs. JONES of Ohio, eral that such a stamp be issued; to the Com- BONIOR, and Mr. BAIRD. Mr. MARKEY, Ms. CARSON of Indiana, Mrs. mittee on Government Reform. H.R. 534: Mr. LEWIS of Kentucky, Mr. GARY NAPOLITANO, and Ms. SOLIS. By Mr. YOUNG of Alaska (for himself, MILLER of California, Mr. SIMMONS, Mr. H.R. 1007: Mr. GALLEGLY, Mr. DIAZ-BALART, Mr. OBERSTAR, Mr. LATOURETTE, and SKEEN, Mr. PLATTS, Mr. SMITH of New Jer- Mr. WOLF, Mr. BLUMENAUER, Mr. PAYNE, Mr. Mr. COSTELLO): sey, Mr. EVERETT, Mr. SESSIONS, Mr. ISSA, Mr. SIMPSON, Mr. PITTS, Mr. WICKER, Mr. SMITH of Texas, and Mr. LANTOS. H. Con. Res. 76. Concurrent resolution au- EHRLICH, Mr. CANTOR, Mr. HERGER, Mr. LAN- H.R. 1015: Mr. SANDERS, Mr. GOODE, and thorizing the use of the East Front of the TOS, Mr. MCINNIS, Mr. SHAYS, Mr. HOLDEN, Mr. PICKERING. Capitol Grounds for performances sponsored Mr. HAYWORTH, and Mr. TIAHRT. H.R. 1078: Mr. MCNULTY. by the John F. Kennedy Center for the Per- H.R. 536: Mr. COYNE, Mr. BAIRD, Mr. H.R. 1086: Mr. SANDERS and Ms. DELAURO. forming Arts; to the Committee on Trans- LOBIONDO, Mr. DAVIS of Illinois, Mr. GRUCCI, H.R. 1088: Mr. RYUN of Kansas, Mr. FER- portation and Infrastructure. Ms. SANCHEZ, and Mr. RODRIGUEZ. GUSON, Mr. SHERMAN, Mr. GONZALEZ, Mr. By Mr. BARRETT: H.R. 550: Ms. KILPATRICK and Mr. KILDEE. MALONEY of Connecticut, and Mr. GREEN of H. Res. 96. A resolution Recognizing Na- H.R. 579: Mr. LANTOS. Wisconsin. tional Poison Prevention Week, and encour- H.R. 581: Mr. SIMPSON. H. Con. Res. 29: Mr. AKIN. aging parents, educators, and caregivers to H.R. 599: Mrs. JONES of Ohio, Mr. H. Con. Res. 37: Mr. WELDON of Pennsyl- teach children the dangers of ingesting LATOURETTE, Mr. ABERCROMBIE, Mr. KILDEE, vania. household substances; to the Committee on Mr. BALDACCI, Mr. WAXMAN, Mr. MCNULTY, H. Con. Res. 53: Mr. ALLEN. Government Reform, and in addition to the Mr. KIND, Mr. CAPUANO, and Mr. DEFAZIO. H. Con. Res. 61: Mr. BROWN of Ohio. Committees on Education and the Work- H.R. 606: Mr. LOBIONDO, Mr. SNYDER, Mr. H. Con. Res. 68: Mr. FATTAH, Mr. LEWIS of force, and Energy and Commerce, for a pe- OSE, Ms. ROYBAL-ALLARD, and Mr. SAXTON. Georgia, and Mr. CLAY. riod to be subsequently determined by the H.R. 612: Mr. EDWARDS, Mr. MOORE, Mr. H. Res. 13: Mr. GRAHAM. Speaker, in each case for consideration of KILDEE, Mr. PHELPS, and Mr. UDALL of New H. Res. 15: Mr. BARR of Georgia. such provisions as fall within the jurisdic- Mexico. f tion of the committee concerned. H.R. 622: Mr. BLUMENAUER and Ms. HOOLEY By Ms. LEE: of Oregon. DELETIONS OF SPONSORS FROM H. Res. 97. A resolution recognizing the en- H.R. 630: Mr. BOEHLERT, Mr. COYNE, Mr. PUBLIC BILLS AND RESOLUTIONS during contributions, heroic achievements, PRICE of North Carolina, Ms. SLAUGHTER, and and dedicated work of Shirley Anita Chis- Mr. GOODE. Under clause 7 of rule XII, sponsors holm; to the Committee on Government Re- H.R. 633: Ms. SLAUGHTER, Mr. MCGOVERN, were deleted from public bills and reso- form. Mr. MCNULTY, Mr. ENGEL, Ms. LEE, Mr. lutions as follows:

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H.R. 459: Mr. LEWIS of California. SEC. 3. USE OF AMERICAN PRODUCTS. the amendment made by this Act, the Sec- f (a) PURCHASE OF AMERICAN-MADE EQUIP- retary of Housing and Urban Development, MENT AND PRODUCTS.—It is the sense of the to the greatest extent practicable, shall pro- AMENDMENTS Congress that, to the greatest extent prac- vide to such entity a notice describing the ticable, all equipment and products pur- Under clause 8 of rule XVIII, pro- statement made in subsection (a) by the Con- chased with funds made available for the ac- posed amendments were submitted as gress. follows: tivities authorized under the amendment made by this Act should be American-made. H.R. 247 (b) NOTICE REQUIREMENT.—In providing fi- OFFERED BY: MR. TRAFICANT nancial assistance to, or entering into any AMENDMENT NO. 2: At the end of the bill, contract with, any entity using funds made add the following new section: available for the activities authorized under

VerDate jul 14 2003 20:50 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR01\H21MR1.001 H21MR1 4154 CONGRESSIONAL RECORD—SENATE March 21, 2001 SENATE—Wednesday, March 21, 2001

The Senate met at 9:30 a.m. and was Mr. ALLEN thereupon assumed the Senate will now resume consideration called to order by the Honorable chair as Acting President pro tempore. of the Torricelli amendment No. 122. GEORGE ALLEN, a Senator from the f The Senator from New Jersey. State of Virginia. Mr. TORRICELLI. Mr. President, the RESERVATION OF LEADER TIME Senate now turns its attention to what PRAYER The ACTING PRESIDENT pro tem- is the other half of the campaign fi- The Chaplain, Dr. Lloyd John pore. Under the previous order, the nance problem. It is, after all, not sim- Ogilvie, offered the following prayer: leadership time is reserved. ply what is raised but why money is Gracious Lord, You have told us that f raised and where it is going. if we, as branches, are connected to RECOGNITION OF THE ACTING This Senate, for 5 years, has had to You, the Vine of virtue, our lives will MAJORITY LEADER overcome four filibusters to get us to emulate Your character. We dedicate this moment in considering campaign this day to live as branches for the flow The ACTING PRESIDENT pro tem- finance reform. We have voted on 113 of Your spirit. We admit that apart pore. The Senator from Vermont is rec- occasions to reform the campaign fi- from You, we can accomplish nothing ognized. nance laws. We have considered 300 of lasting significance. We ask that the f pieces of legislation, heard 3,000 Senators and all of us who work with SCHEDULE speeches, and filled 6,000 pages of the them may be distinguished for the fruit Mr. JEFFORDS. Mr. President, today CONGRESSIONAL RECORD. But none of of Your spirit, a cluster of divinely in- the Senate will immediately resume this will mean anything, this legisla- spired, imputed, and induced traits of consideration of the campaign finance tion will accomplish no more than Your nature reproduced in us. reform legislation. Debate will con- leading to a less informed public with Your love encourages us and gives us less political dialog, if we do not com- security; Your joy uplifts us and gives tinue on Senator TORRICELLI’s amendment regarding broadcasting. If all de- plement the reduction in fundraising us exuberance; Your peace floods our with more availability of information hearts with serenity; Your patience bate time is used, a vote may be expected around 12 noon. However, some by reducing the cost. calms our agitation over difficult peo- The McCain-Feingold legislation, as time may be yielded back, and there- ple and pressured schedules; Your kind- written, will not abate the expense of fore the vote could occur earlier. ness enables us to deal with our own running for political office. It could, if Progress is being made on the bill, and and other people’s shortcomings; Your not amended, simply lead to an Amer- further amendments will be offered goodness challenges us to make a re- ican public, as Senator MCCONNELL has throughout the day. As a reminder, newed commitment to absolute integ- said many times, that is less informed votes will occur throughout the day ap- rity; Your faithfulness produces trust- with less political speech. I know no worthiness that makes us dependable; proximately every 3 hours. I thank my colleagues for their at- one in the country who believes that is Your gentleness reveals the might of tention. the kind of reform we genuinely seek. true meekness that humbly draws on Mr. REID. Will the Senator yield for The Alliance for Better Campaigns Your power; Your Lordship gives us a question? recently stated: self-control because we have accepted Mr. JEFFORDS. I am happy to yield. Reform must do more than limit the sup- Your control of our lives. You are the Mr. REID. Mr. President, through my ply of political money. It must also restrain mighty God of Abraham, Isaac, Jacob, friend from Vermont, I ask the Chair, the demand for political money. and Jesus Christ. Amen. if all time is used on the Torricelli There is a perception in the media f amendment—he spoke for a short time and in the public that the entire prob- PLEDGE OF ALLEGIANCE last night—what time would the vote lem of campaign financing is the occur? amount of money. That is a problem, The Honorable GEORGE ALLEN led the The ACTING PRESIDENT pro tem- but it is not the only problem. Mem- Pledge of Allegiance, as follows: pore. Approximately 12:20 p.m. bers of this institution know that an I pledge allegiance to the Flag of the Mr. REID. I thank the Chair. equal burden that must be addressed is United States of America, and to the Repub- the amount of time Senators and Mem- lic for which it stands, one nation under God, f indivisible, with liberty and justice for all. BIPARTISAN CAMPAIGN REFORM bers of the House of Representatives are taken away from their legislative f ACT OF 2001 responsibilities, not meeting with ordi- APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- nary citizens, to cater to the wealthy PRESIDENT PRO TEMPORE pore. Under the previous order, the to gain access to this money. The PRESIDING OFFICER. The Senate will now resume consideration On the chart on my left, I have taken clerk will please read a communication of S. 27, which the clerk will report. a State at random, New Jersey, and The legislative clerk read as follows: to the Senate from the President pro given an indication of what it takes in A bill (S. 27) to amend the Federal Election tempore (Mr. THURMOND). time to run what all future Senate Campaign Act of 1971 to provide bipartisan campaigns in New Jersey probably will The legislative clerk read the fol- campaign reform. lowing letter: cost—a minimum of $15 million. This Pending: U.S. SENATE, would require, under current campaign Torricelli amendment No. 122, to amend PRESIDENT PRO TEMPORE, finance laws, raising $20,833 every day 7 the Communications Act of 1934 to require Washington, DC, March 21, 2001. television broadcast stations, and providers days a week for 2 years, or 150 fund- To the Senate: of cable or satellite television service, to raising events, each raising $100,000, or Under the provisions of rule I, paragraph 3, 1,500 events at $10,000 per event, 1,500 of the Standing Rules of the Senate, I hereby provide lowest unit rate to committees of political parties purchasing time on behalf of fundraisers at $10,000. appoint the Honorable GEORGE ALLEN, a Sen- ator from the State of Virginia, to perform candidates. We can make it more difficult to the duties of the Chair. AMENDMENT NO. 122 raise the money. We can eliminate soft STROM THURMOND, The ACTING PRESIDENT pro tem- money. The question remains: Are we President pro tempore. pore. Under the previous order, the simply adding to the burden of how

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4155 much time candidates must spend required to sell this ad at the lowest are being sold at commercial rates. In doing that? If we are eliminating cat- unit rate. But as is typical of the tele- Columbus, OH, it is 90 percent. At egories of money, making it more dif- vision networks, they wrote a letter KYW, one of the most popular stations ficult to get the $15 million, all we back to the candidate saying: in Philadelphia, it is 91 percent. At could be doing is adding to that time Activity is a lot heavier than the station WXYZ in Detroit, it is 88 percent sold which candidates must spend finding anticipated, and your schedules are already at commercial rates. it. That will not be an achievement. getting bumped. My colleagues, the law as you in- That is why today we are dealing with My colleagues, this is the heart of tended it, to require lowest unit rate the other half of the equation—not the problem. The candidate placed the sales of advertising, has collapsed. It is what is raised but how much is spent. ad at $6,300, as required by law. But the not happening. Broadcasters are auc- The 2000 elections provide an illustra- television station let the candidate tioning advertising time to Federal tion. Common Cause estimates that know: You may have bought this ad in candidates in competition with the in- the 2000 elections cost $3 billion. This accord with Federal law at $6,300, but dustries of America. Any candidate is is a 50-percent increase over 1996, beg- you will never see it on television be- facing the prospect of a bidding war ging the question, At this rate of in- cause we will bump it. You will not get with General Motors or Ford or IBM crease, where is the Nation going? it for when you bought it. It will be when they go to place political adver- Obviously, to anyone in the system, shown in the middle of the night when tising. The law is simply not func- by far the greatest component of this no one will see it. tioning. campaign spending is the cost of tele- So they politely extort another $8,000 Similar patterns, as I have dem- vision advertising. Indeed, one-third of in order to guarantee the time slot onstrated, are all over the country. To the $3 billion raised and spent in the that has been provided. An ad required quote the Alliance for Better Cam- 2000 elections went to pay for political to be sold at $6,000 by law is now in ex- paigns, ‘‘while this law remains on the advertisements on television. My pred- cess of $14,000. This is the heart of the books, its original intent is no longer ecessor, Senator Bradley of New Jer- problem. And it is typical. served.’’ sey, probably said it best a few years In our surveys across the country, as The other part of this equation is not ago: in Philadelphia and New York, these simply that there is price gouging of Today’s political campaigns function as rates were going up by 50 percent. We candidates by taking advantage of a collection agencies for broadcasters. You have seen in others, typically, 30-per- loophole in the lowest unit rate, but, simply transfer money from contributors to cent increases in these rates. almost incredibly and simultaneously, television stations. Now, by law, Members of the Senate the broadcasters are violating another During the 2000 elections, the broad- undoubtedly think this was addressed responsibility. One responsibility is the cast networks enjoyed record profits. years ago, and they would be right in lowest unit rate to allow advertising, The placing of political advertisements having that belief. Nothing I am now not to increase the cost of campaigns on the networks is not a public service. reviewing should be allowed by law. and increase fundraising responsibil- They do not do this under duress. It is But there is a loophole, and the loop- ities and burdens; the other is to pro- a major form of network profits. It is hole, as I have illustrated, is that they vide news coverage. These, my col- estimated to be at least $770 million will sell you the time. They will just leagues, after all, are the public air- and, indeed, figures could be as high as never guarantee it will ever be seen on waves, licensed by the Federal Govern- $1 billion that was spent by candidates television. That, as I think anybody ment for the interest of the American on political advertisements—a 76-per- could assess, is not much of an adver- people to promote their debates. The cent increase over 1996. tising campaign. Federal airwaves are not to be used en- The chart on my left illustrates the The law is actually being complied tirely for sitcoms and cartoons, or to rapid increase. President midterm with as an exception. The rule is the sell soap or automobiles. There is a spending, in 1982, adjusted for inflation, violation. The chart on my left illus- public responsibility. was $200 million; in the year 2000, now trates this point conclusively. The I am going to show the difference be- reaching $800 million. It is an expo- heavy red lines are advertisements tween what is going on in advertising nential increase that is unsustainable. that are placed above the lowest unit and news coverage. As you can see on The Alliance for Better Campaigns re- rate—remembering that the law re- this chart, those ads sold at the unit cently issued its report, ‘‘Gouging De- quires that advertisements be sold to rate are flat. The red line shows that mocracy, How the TV Industry political candidates, as required for almost all advertising is going on to Profiteered on Campaign 2000.’’ communication in Federal elections, at the non-unit rate or commercial rate of This report illustrates how stations the lowest unit rate. advertising. across the country took advantage of WCCO in Minneapolis met its public We will move on to the news cov- candidates by increasing their pricing responsibility by selling 4 percent of erage. Now, remembering how the ad- for advertising just when they knew all of its advertisements at the lowest vertising was increasing at commercial that campaigns needed the time the unit rate. And 95 percent of all the ads costs, exponentially the chart was ris- most. placed were higher than lowest rates. ing to the top. Consider this, remem- In Philadelphia and New York City, They are paying commercial rates. bering the two responsibilities: selling the two media networks which serve In New York city, an advertising at lowest unit rate and providing news my State of New Jersey, the cost of market with which I am familiar, coverage in the public interest. some political ads increased almost 50 WNBC—not some unaffiliated station, In Philadelphia, during the New Jer- percent between Labor Day and elec- but one owned by the National Broad- sey Senate primary—remembering tion day—television stations recog- casting Company itself—15 percent of there was no incumbent—we were nizing that unlike an automobile man- their ads were in accordance with the choosing a U.S. Senator for New Jer- ufacturer or a soap manufacturer that law at the lowest unit rate; for 78 per- sey, during a Presidential election, the can advertise at any time of the year, cent they were charging commercial final 2 weeks of the campaign. In a candidate has no choice but to com- rates to Federal candidates for public Philadelphia, this is the amount of municate with those voters between office. There are stations that are bet- news coverage in the final 14 days of Labor Day and election day. They have ter. The chart illustrates that virtually the election: WPVI in Philadelphia, an a captive market and they take full in every market in the country, large average of 19 seconds per evening; and unconscionable advantage. States and small, rural and urban, the WVAU, in the public interest, on a fed- The letter on my left is a perfect ex- responsibilities are not being met. erally licensed station, dedicated an ample. This is a television station In Los Angeles, KABC—once again, average of 1 second per night to in- which has had an ad placed by a Fed- an affiliate owned by the network forming their viewers on the Senate eral candidate. Under the law, they are itself—34 percent of all advertisements campaign in its closing days. In New

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4156 CONGRESSIONAL RECORD—SENATE March 21, 2001 York, the situation was not very much putting the public airwaves out to bid What should, however, gain the at- different. WNBC—once again, a net- when political candidates want to com- tention of the American people is the work-owned-and-operated affiliate, not municate with their constituents. They almost unbelievable hypocrisy of the some arm’s length operating station, receive their licenses by meeting FCC networks on this issue. They have but NBC’s own station in New York, in requirements under the 1934 Commu- joined the fight for campaign finance the final 2 weeks of the campaign— nications Act in the public interest. reform by criticizing the current fi- gave 23 seconds to covering the pri- The law makes clear that the airwaves nance system, and we welcome their mary. At WCBS in New York, an aver- are public property and that they must assistance. If there is to be genuine re- age of 10 seconds was given to covering be used for the ‘‘public interest, conform, we are glad the voices of the net- this. venience, and necessity.’’ works have been part of the drumbeat As Robert McChesney wrote in Rich Indeed, perhaps maybe this Congress of criticism to bring this Congress to a Media, Poor Democracy: deserves some of the blame. In 1997, the change. They want change. They just Broadcasters have little incentive to cover Congress gave broadcasters digital TV do not want to be part of it, recog- candidates, because it is in their interest to licenses which doubled the amount of nizing there is a reason this money is force them to publicize their campaigns. spectrum. If sold at auction, it would being raised, and they are the principal Exactly. Why would anyone provide have brought in $70 billion. William reason. free coverage in the public interest in Safire wrote: Outside this Chamber, today the Na- hard news when, alternatively, can- A rip-off on a scale vaster than dreamed tional Association of Broadcasters will didates must pay millions of dollars to . . . by the robber barons. have its lobbyists attempting to con- the stations themselves to get their Bob Dole called it ‘‘a giant corporate vince Members they should not bear message across? There is a disincentive welfare scheme.’’ any responsibility and they should be to provide news because people have to What all this has meant is broad- able to evade the current law and pay for it. casters taking advantage of this new charge commercial rates for their $1 The Brennan Center reports that, in- technology without any new responsi- billion in political advertising. Indeed, deed, in the 30 days preceding the No- bility, and we have allowed this situa- since 1996, the National Association of vember elections, the national broad- tion to deteriorate to the point of bil- Broadcasters has spent $19 million. casters averaged about 1 minute per lion-dollar campaigns putting enor- While the network broadcasters are night—1 minute—in substantive cam- mous burdens of time and money on convincing the American people to paign coverage. the political system. That is, in my change the political system, their lob- Rather than a discussion of sub- judgment, unsustainable. byists are in the hall spending millions stantive issues, the broadcast networks In response to this gift of public as- of dollars in lobbying time convincing covered the campaign 2000 primarily as sets, President Clinton appointed an people not to lower costs, do not raise a horse race. Only one in four network advisory panel to update the public in- money, but keep spending it on us. news stations aired stories that were, terest obligation of broadcasters. The From 1996 through 1998, the National indeed, issue oriented. panel advised broadcasters to volun- Association of Broadcasters and five The chart on my left makes this tarily air 5 minutes a night in the 30 media outlets together spent $11 mil- comparison: what is happening in ad- days before the election. During the lion to defeat 12 campaign finance bills vertising in which candidates are now 2000 elections, local affiliates of NBC that would have, if implemented, re- paying nearly a billion dollars, and and CBS agreed to the 5 minutes. Al- duced the cost of broadcasting for can- what is happening in news coverage as though these stations should be com- didates. required by Federal license. These are mended, they and other stations made Time’s up. You wanted campaign fi- the top four rated TV stations in Phila- similar decisions representing 70 per- nance reform and you were right, the delphia and New York. cent of the 1,300 local stations. system should be changed, but you Overall, a viewer in the State of New Shockingly, ABC, which was the sec- miscalculated because you are going to Jersey is 10 times more likely to see a ond biggest beneficiary of political ad- be part of that reform. paid political advertisement—10 vertisement last year, did not make On a bipartisan basis, this Senate is times—than they are ever to see a news any commitment at all. The refusal of going to vote today to implement a law story, excepting that most of those ABC to join other broadcast networks which we intended a long time ago. news stories are scandal, and horse was the broadest step toward further These are public airwaves. There will races, and are not news anyway. corporate irresponsibility. not be price gouging for candidates for Conceding they really are news, let’s In sum, what much of this means is Federal office. This time will be sold at operate on the fiction they were put- that contrary to law and the national the lowest unit rate as was always our ting news on the air. Nevertheless, one interest, the broadcasters have now de- intention. would be 10 times more likely to see a veloped a dependency on political ad- Under the Torricelli-Corzine-Durbin- political advertisement. vertising. As the chart on my left illus- Dorgan, et al., amendment, we are Here are examples in Philadelphia: trates, this is now the source of reve- going to bring the letter of the law WPVI, 122 advertisements ran between nues of television stations and net- back in line with the spirit of the law. May 24 and June 5. The number of news works, gaining 25 percent of all of their Our intention is very simple: One, re- stories was 11. WNBC in New York, 99 revenue from the automobile compa- quire broadcasters to charge can- advertisements, 16 news stories. nies, the largest industry in America; didates and political parties the lowest The fact is, news coverage has 15 percent from retailers across the rate offered throughout the year. reached an all-time low. Just as the country, and, unbelievably, 10 percent Therefore, the gouging that takes place networks are evading their responsi- of all revenues of television stations is because the networks know that we bility for the lowest unit cost under now coming from political advertising. must advertise between Labor Day and the law, they are also avoiding their If this, however, were a chart of Iowa election day will end. They will base responsibility to provide hard news. or New Hampshire or early primary these prices on the lowest rate During last summer’s political con- States, we would find during the Presi- throughout the year. ventions for Democrats and Repub- dential elections that it is not third Second, ensure that candidate and licans, ABC, CBS, and NBC reduced by but first. party ads cannot be bumped, displaced, two-thirds the hours they devoted to Even taking the network’s greatest by other advertisers willing to pay convention coverage of 1988, the last advantage of looking at this nation- more for the air time. Simply stated, time there was an open seat Presi- ally, it is clear television stations have to avoid the problem, as in the letter I dential election. developed a dependency—indeed, an ad- indicated from one television station, Broadcasters are in many respects diction—on political advertising. That where a candidate for public office at- public trustees. They should not be is clearly not in the national interest. tempting to communicate with their

VerDate jul 14 2003 10:33 Feb 16, 2005 Jkt 039102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4157 constituent is told that General Motors broadcasters into a new responsibility primary, there was very little cov- is willing to pay more for the same in being part of the answer to the prob- erage. It averaged, if you looked across spot; therefore, either you pay what lem rather than the core of the prob- the two markets, 13 seconds per day they will pay or your advertisement lem itself. during the 60 days leading up to the will run in the dead of the night. I yield the floor. election. Think about that: 13 seconds Three, require the FCC to conduct The PRESIDING OFFICER (Mr. FITZ- a day for five candidates to express random checks during the preelection GERALD). Who yields time? their points of view and get in front of period to ensure compliance with the Mr. DODD. Mr. President, I yield 10 the public. That is some debate. I do law. In 1990, Senator Danforth of Mis- minutes to the distinguished Senator hope we can do something about it. souri requested a similar audit by the from New Jersey. Compounding matters, there is also a FCC and for the first time revealed the The PRESIDING OFFICER. The Sen- trend away from covering substantive extent to which broadcasters were not ator from New Jersey is recognized. issues, as Senator TORRICELLI re- charging candidates the lowest unit Mr. CORZINE. Mr. President, I am marked, in favor of covering elections rate. Although the crackdown resulted pleased to join my esteemed colleague, in horseraces, who is up, who is down, in a temporary dip in rates as broad- the senior Senator from New Jersey what the polls say, not what the issues casters followed the law more closely, and a number of other colleagues in of- are. For those candidates, such as my- recognizing the FCC controlled their li- fering this amendment to reduce the self, who want to engage voters on the censes, as soon as the study was fin- exploding costs of political advertise- issues, the only option is to purchase ished, the monitoring was over, rates ments on the airwaves. As Senator time from the high priced, out-of-State went up again, and the law was vio- TORRICELLI has articulated and effec- broadcasters in our case. The end related. This time we will monitor it, but tively demonstrated, this amendment sult is the candidates, especially chal- we will monitor it permanently. would guarantee that candidate adver- lengers, those who have not previously Savings that will result from this tisements are not preempted by more held public office, must grapple with amendment are extraordinary, as is the favored, high-spending advertisers and hugely expensive media costs to stand ability to change the national political that candidates are given the lowest a chance. culture of the fundraiser, reducing available rate for the reserved time. Let me be clear. Media exposure does costs, resulting in reduced fundraising. Mr. President, campaigns do cost too not guarantee success. A bankrupt This is a great opportunity. I do not much. God knows, I know. To commu- message will lose, despite a well-funded know a member of this Congress who nicate with voters, at least in large media campaign. I don’t buy the argu- wouldn’t rather spend their time legis- States like New Jersey with multiple ment you can buy an election. There lating than raising funds. I don’t know and expensive media markets, can- are many examples of candidates who a Member of this Congress who didates must use television time. And have spent significant amounts of wouldn’t prefer to be at home on the television is very expensive. My cam- money, only to lose. People who argue weekends with their family or con- paign was charged as much as $55,000 you can buy elections, in my view, un- stituents, rather than traveling around for one 30-second spot alone in the derestimate the ability and the judg- the Nation raising funds. This isn’t weeks directly preceding the election. ment of the voters. Still, while ade- something that anybody enjoys. There Others actually paid more. quate exposure on television clearly is is an endless spiral of fundraising that When I began my run for the Senate, not sufficient to generate success, lack is out of control, but it will not be I was generally unknown to the com- of exposure for many candidates al- stopped simply by eliminating soft munity at-large. I had enjoyed a suc- most certainly will guarantee failure, money or making it more difficult to cessful business career, which I again, particularly for challengers and raise money of any kind. Candidates thought would make a contribution to newcomers who might bring different will find money within the law under the Senate, the Nation, and my com- experiences and perspectives to issues. some system unless we address the munity. But virtually no one in New Congress recognized this media cost question of costs. In the modern polit- Jersey knew who I was or, more impor- problem in 1971 when it required broad- ical age, the cost of a campaign is eas- tantly, where I stood on the issues. casters to offer candidates the lowest ily defined. It is television. This is a Meanwhile, my opponents included a price offered for a similar timeslot. Un- network-driven process. And it can former Governor and a former Con- fortunately, that legislation included a change. gressman who were very well recog- major loophole. Under the law, while My final chart illustrates the dif- nized throughout our State. The Gov- local stations must offer a candidate ference in running political campaigns ernor had run five statewide campaigns the lowest available rate, the broad- in three jurisdictions. If the Torricelli- and the latter had been in Congress 8 casters are allowed to preempt those Corzine-Durbin-Dorgan amendment is years and politics most of his adult commercials and broadcast them at a adopted, the cost of running adver- life. Certainly their experience should later time—in the case in New Jersey tising in Los Angeles, the second most not have been disqualifying, but nei- and Philadelphia markets, maybe at 3 expensive media market in the coun- ther should a lifetime of participation a.m., as opposed to prime time. To try, would be a 75-percent difference by in the private sector preclude the pos- guarantee that an advertisement is applying the lowest unit rate; in Den- sibility for government service. shown at a particular time, candidates ver, 41 percent; in Birmingham, AL, an With that background, Mr. President, are forced to pay premium rates. These incredible 400-percent difference. as you may know, New Jersey has no premiums have increased the price of This goes to the heart of the prob- major in-State television market. on-air time dramatically. lem. We are simply requiring what was Rather, north Jersey voters are served Not long ago, the Alliance for Better asked a long time ago. We do not do by New York City television stations Campaigns issued a report entitled this to an industry that is struggling. while south Jersey voters are served by ‘‘Gouging Democracy.’’ The broadcast industry is making those from Philadelphia. I ask unanimous consent that the ex- record profits by using Federal licenses The trend in television news coverage ecutive summary of this report be with new technology that has been is to spend less and less time on State printed in the RECORD. given without cost. Now, my friends, it and local races, and the problem is ex- There being no objection, the mate- is time to ask them to meet their re- aggerated in New Jersey where sta- rial was ordered to be printed in the sponsibilities. tions from other States devote little RECORD, as follows: A new campaign finance system in airtime to covering New Jersey poli- EXECUTIVE SUMMARY America will require responsibilities tics. Local television stations across the coun- and sacrifices by many people—cer- As my senior colleague pointed out, try systematically gouged candidates in the tainly by every Member of Congress. in both the Philadelphia market and closing months of the 2000 campaign, jacking This amendment will welcome the New York market, as we ran up to the up the prices of their ads to levels that were

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4158 CONGRESSIONAL RECORD—SENATE March 21, 2001 far above the lowest candidate rates listed Some Candidates Were Shut Out of Air censed to broadcasters but they belong on the stations’ own rate cards. They did so Time. The heavy demand for political ad to all of us. They are a public trust, despite a 30-year-old federal law designed to time squeezed some would-be candidate ad- gifted to the broadcasters for commer- protect candidates from such demand-driven vertisers off the air. In some markets, tele- cial use. price spikes. The stations apparently did not vision stations either ran out of inventory or break the law; rather, they exploited loop- refused to sell air time to down-ballot state The Television Bureau of Adver- holes in a law that has never worked as in- and local candidates. These candidates are tising, based on estimates supplied by tended. In 2000, this so-called ‘‘lowest unit entitled to lower ad rates than issue groups CMR MediaWatch, estimates that ad charge’’ [LUC] safeguard for candidates was and parties, but, unlike candidates for fed- revenues for the broadcast television overrun by the selling practices of stations, eral office, they are not guaranteed access to stations in 1999 exceeded $36 billion. the buying demands of candidates, the sharp paid ad time. Seemingly, the public spectrum has rise in issue advocacy advertising and the Political Ad Sales Were at Least $771 Mil- proved profitable for the television unprecedented flood of hard and soft money lion . . . Stations in the top 75 media mar- broadcasters: $36 billion. Consequently, into political campaigns. kets took in at least $771 million from Jan. As a result, political advertisers spent five 1 to Nov. 7, 2000 from the sale of more than it is not unreasonable to ask the sta- times more on broadcast television ads in 1.2 million political ads, almost double their tions to make time available so can- 2000 than they did in 1980, even after adjust- 1996 take of $436 million. didates can communicate with the voting for inflation. The candidates made these . . . and May Have Hit $1 Billion. The $771 ers. payments to an industry that has been million figure is a conservative estimate. It An article by David Broder appearing granted free and exclusive use of tens of bil- covers ad spending on the 484 stations in the in yesterday’s Washington Post drives lions of dollars worth of publicly owned spec- nation’s 75 largest markets, but excludes the home the underlying motivation for trum space in return for a pledge to serve ad dollars spent on roughly 800 stations in this amendment. I ask unanimous con- the public interest. In 2000, the broadcasters the nation’s 135 smaller markets. It also fails sent the article be printed in the treated the national election campaign more to account for the spike in ad rates that oc- as a chance to profiteer than to inform. curred close to Election Day. Some Wall RECORD. Their industry has become the leading cause Street analysts estimate the actual political There being no objection, the article of the high cost of modern politics. ad revenue total was closer to $1 billion. was ordered to be printed in the This study is based on a comparison of po- While Profiteering on the Surge in Polit- RECORD, as follows: litical advertising sales logs and rate cards ical Spending, Stations Cut Back on Cov- [From the Washington Post, March 20, 2001] at 10 local television stations; an analysis of erage. Even as it was taking in record reve- WHERE THE MONEY GOES ... political advertising costs at all stations in nues from political advertisers, the broad- (By David S. Broder) the top 75 media markets in the country; and cast industry scaled back on substantive The Sunday television talk shows were fo- interviews with Democratic and Republican coverage of candidate discourse. Throughout cused on campaign finance reform, but no media buyers, television station ad sales the 2000 campaign, the national networks one was rude enough to suggest that TV managers and officials at the Federal Com- and local stations offered scant coverage of itself is at the heart of the problem. The munications Commission. Its key findings: debates, conventions and campaign speeches, same subject is conspicuous by its absence in Candidates Paid Prices Far Above the Low- prompting veteran ABC newsman Sam Don- the campaign finance debate now underway est Published Rate. In the final months of aldson to remark that his network evening in the Senate. For a change, the lawmakers Campaign 2000, federal, state and local can- news political coverage had ‘‘forfeited the didates paid ad rates that, on average, were are arguing seriously how to regulate the field’’ to cable. The industry also fell far money coming into politics from business, 65 percent above the candidates ‘‘lowest unit short of a proposal by a White House advi- charge’’ rate published in the stations’ own labor and wealthy individuals. But they are sory panel, co-chaired by the president of ignoring where that money goes. rate card, according to an audit of ad logs at CBS, that stations air five minutes a night 10 local stations across the country. The 10 Voters I’ve interviewed seem to think this of candidate discourse in the closing month money goes into the coffers of the political stations are major network affiliates in of the campaign. In the month preceding large markets; in total, they aired more than parties or into the pockets of the politicians. Nov. 7, the national networks and the typ- In fact, the parties and the candidates are 16,000 candidate ads. ical local station aired, on average, just a Stations Steered Candidates Toward Pay- the middlemen in this process, writing minute a night of such discourse. This mini- ing Premium Rates. Television stations checks as fast as the contributions arrive. mal coverage increased the pressure on can- made their lowest candidate rate unattrac- Many of the checks go to broadcasters for didates to turn to paid ads as their only way tive to candidates by selling ads at that rate those 30-second ads that, in the final weeks of reaching the mass audience that only with the proviso that they could be bumped of a campaign, fill the screen during the broadcast television delivers. to another time if another advertiser came breaks in local news shows and popular forward with an offer to pay more. The LUC Mr. CORZINE. According to this re- prime-time series. A report earlier this month from the Alli- system is supposed to ensure that candidates port, the cost of political advertising ance for Better Campaigns, a bipartisan pub- are treated as well as a station’s most fa- last year was $771 million, more than lic interest group critical of the broad- vored product advertisers (e.g., the year- doubling the cost just 8 years ago in casters, said that ‘‘stations in the top 75 round advertiser who buys time in bulk and 1992. That is up from $375 million to al- media markets took in at least $771 million receives a volume discount). But unlike most most $800 million. That is a conserv- . . . from the sale of more than 1.2 million product advertisers, candidates operate in a political ads’’ last year. If the figures for sta- fast-changing tactical environment and need ative estimate. The fact is, media costs simply are growing out of control. tions in the 135 smaller markets were added, assurance that their ads will run in a speci- it’s estimated that the total take probably fied time slot. During the height of the 2000 This is a chart I would like to see for earnings of a company I formally rep- would be counted at $1 billion. campaign, station ad salesmen routinely That reality is being ignored as senators took advantage of these special needs and resented. debate rival measures, all of which have a steered candidates toward paying high pre- To avoid having campaign ads pre- common feature—reducing the flow of con- miums for ‘‘non-preemptible’’ ad time. empted, candidates are forced to pay tributions that pay the campaign television An Explosion of Issue Advocacy Ads prices above the lowest unit cost. Some bills. Common sense tells you that if the TV Caused Spikes in All Ad Rates. The biggest 78 percent of the political ads on bill remains that exorbitant, politicians will change in the marketplace of political adver- continue the ‘‘money chase’’ under any rules tising in recent years has been the explosive WNBC, a New York network affiliate— one of the prime spots for placing your that are in place. growth of party and issue group advertising; But that fact is suppressed in Senate de- in 2000, it accounted for roughly half of all ads in the New York media market— bate for the same reason it was ignored on political ad spending. These ads are not enti- were purchased at a rate higher than the TV talk shows: fear of antagonizing the tled to LUC protection. In markets where the lowest published candidate rate for station owners, who control what gets on the there were highly competitive races, stations those timeslots in the fall of 2000. You air. doubled and sometimes tripled issue ad rates will see here: WNBC—78 percent. The influence that broadcasters exercise in in the campaign’s final weeks. This had a So we compare it equally with Phila- their home markets is reflected in the power tail-wags-dog effect on the pricing of can- delphia, where you also have to run in their lobbyists wield in Washington. That is didate spots. The intention of the LUC sys- the main reason the major proposals before tem is to peg candidate rates to volume dis- New Jersey, and 91 percent of the ads the Senate—one sponsored by Sens. John count rates for product ads. But in 2000, can- were sold at or above those lowest unit McCain and Russ Feingold and the other didates paid rates driven up by the demand costs. crafted by Sen. Chuck Hagel—have no provi- spike created by the flood of soft money- It is critical to remember that the sions aimed at reducing the TV charges. In- funded issue advocacy ads. public owns the airwaves. They are li- stead, they focus on the high-dollar ‘‘soft

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4159 money’’ contributions to the political par- first required broadcasters to make would score them, 1 to 10, and deter- ties. McCain and Feingold would eliminate time available at the lowest unit rate. mine who was best, who were the best them; Hagel would limit their size. This simple but powerful reform poten- candidates. The soft-money exemption from the contribution limits that apply to other gifts to tially will bring sanity to the cost of It was like a beauty contest without candidates and parties was created in order 21st century campaigns. the bathing suits or good looks, I to finance such grassroots activity as voter I urge my colleagues, as Senator guess. You have the candidates come in registration and Election Day turnout. But TORRICELLI has before me and others this law office conference room, make now most of the soft money is converted into will after, to support this amendment. their presentation, and they get a score TV issue ads, indistinguishable for all prac- The PRESIDING OFFICER. The Sen- of 1 to 10. Apparently after the can- tical purposes from the candidates’ election- ator from Connecticut. didates have made this presentation, eering messages. The National Association of Broadcasters Mr. DODD. Mr. President, I am about this group of investors would decide denies the Alliance for Better Campaigns’ to yield to my colleague and friend, who they were going to support. In this charge of price ‘‘gouging’’ in the last cam- Senator DORGAN, but I wish to com- case, the story was about a Member of paign. But there are no discounts for issue mend both of our colleagues from New Congress now who went to this con- ads; they are sold at whatever price the mar- Jersey—Senator TORRICELLI for being ference room, made a presentation, ket will bear. And the heavy volume of issue the lead sponsor of this amendment scored in the 10s, I guess, and then this ads drove up the cost for all TV spots in the and Senator CORZINE and others for group of 40 people said: You are our weeks leading up to Election Day, including their cosponsorship of it and to Sen- guy. What we are going to do is, we are those placed by candidates, thus fueling the money chase. ator CORZINE for some excellent re- going to do a couple of hundred thou- Whether the McCain-Feingold bill, or the marks on the purpose of this amend- sand dollars worth of television adver- Hagel substitute, or some blend of the two is ment. tising for you—independent issue ads— passed, campaign cash will continue to flow I will take some time later on this and then, second, we are going to bun- to those television stations—and they will morning to address the substance of dle some money and get you a couple of continue to charge the candidates and par- the amendment, but I commend both of hundred thousand dollars in checks. ties what the traffic will bear. my colleagues for their efforts. This is For years, some reform advocates have ar- So this little beauty contest produces gued that no new law will be effective unless very well thought out. The point Sen- $400,000 for a candidate. The group the cost of television can be brought down. ator CORZINE made that we sometimes evolved from a small core of Wall McCain, in fact, has drafted a bill that would forget is that these are public airwaves Street bigwigs led by so-and-so. Their require the broadcasters—in return for their which we license people to use for com- goal is to target large sums of money use of the public airways—to contribute per- mercial purposes. Nothing is more im- to specific kinds of candidates who haps one percent of their earnings to finance portant than making people aware of come in and survive this little beauty vouchers that the parties and candidates the choices, both issues and sub- contest they have. would convert into payment for TV spots. stantive choices as well as political Do we need campaign finance reform? Estimates are that it would go a long way toward eliminating the need for private choices that they make in national, Of course we do. That is just one evi- funding of the TV side of campaigns. local, or State elections. We can’t say dence of the desperate need for cam- But McCain does not plan to offer this as anything about local or State elec- paign finance reform. You bet we need an amendment during the current debate, tions, but we can about national—Fed- it. I support the McCain-Feingold bill. fearing that the broadcasters’ lobby would eral elections. I admit it is not perfect. I might have turn enough votes to kill the underlying bill. I think Senators TORRICELLI, written some sections differently. It It is possible that other senators may offer CORZINE, DORGAN, and DURBIN have hit may need to be changed some. But it is amendments designed to reduce the need for billion-dollar political TV budgets, but their on a very important point if this bill is a piece of legislation this Congress prospects are poor. to do truly what its authors intend it ought to embrace. The reality is that any measure that be- to do. Fifty years ago we effectively had no comes law without such a provision is likely I yield 15 minutes to Senator DOR- rules with respect to campaigns. There to be no more than a Band-Aid. As long as GAN. were no limits, no reporting require- broadcasters can continue to treat politics The PRESIDING OFFICER. The Sen- ments, and there was an exchange of as a profit center, not a public responsi- ator from North Dakota. money in this town in paper bags or en- bility, the money will have to come from Mr. DORGAN. Mr. President, I say to velopes; it could be in cash. The somewhere to pay those bills. The current debate focuses too much on the people who Senator TORRICELLI and my other col- amount of money was donated and un- write the checks. It’s time to question, as leagues who have cosponsored this reported. well, where the money goes. amendment, they have done a real Was that a system that worked? Of Mr. CORZINE. He writes: service, in my judgment, in this de- course not. That desperately needed to Common sense tells you that if the TV bill bate. This is an amendment that can be changed and it was in the early remains . . . exorbitant, politicians will con- hardly be opposed by Members of the 1970s. We had the reforms of 1974 that tinue the ‘‘money chase’’ under any rules Senate. It makes so much sense and is tried to establish certain limits and that are in place. so overdue. tried to establish certain reporting. In This amendment seeks to lower the Let me begin in a more general way many ways it worked, in some areas, cost of television to reduce that money talking about campaign finance reform but in other ways it has not worked. chase by lowering the amount of and then describing why this amend- Money and politics are like water find- money necessary to run for election. ment is critical to the success of this ing a hill. They run downhill inevi- Many would argue if we truly want to effort. tably. get rid of this money chase in politics, This Saturday there was a story in There is in this political system, we should guarantee free air time for one of the major city newspapers in rather than a competition of ideas is, public debate. I agree, but for today we this country. I do not think I will iden- which is what democracy ought to be argue only for TV time at the lowest tify the people in the story, but I want about, a mad rush for money in order cost per unit. That is all this amend- to use this story to make a point. It is to pay the costs of television adver- ment does. It requires broadcasters to a story about a group which have gath- tising, which has become the mother’s make time available on a ered to fund certain political cam- milk of politics. What has happened to nonpreemptable basis at the lowest paigns. It says they met in a con- their competition of ideas in this bliz- cost offered to anyone for that time pe- ference room, 40 business executives, zard of television advertising? Ideas are riod, and it requires the FCC to con- investors, wealthy folks gathered at a almost gone, nearly obliterated. The duct periodic audits to ensure compli- law firm conference room, and they orgy of 30-second advertisements in ance. had some candidates come in and they this country is a slash-and-burn and This does nothing more than enforce would make presentations to the gath- hit-and-run negative attack, often by the original intent of Congress when it ered potential donors. Then the donors nameless and faceless people, in many

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4160 CONGRESSIONAL RECORD—SENATE March 21, 2001 cases by organizations that are not I am told that the two Federal races I really believe this is a critically im- part of political parties. They are inde- paid almost exactly double for about portant amendment. pendent organizations collecting un- the same time on the television sta- I must say my colleague from New limited money from donors who are un- tions in North Dakota in the year 2000. Jersey, Senator TORRICELLI, made an disclosed. This isn’t just about big markets, it outstanding presentation. He has done Do we need campaign finance reform? is about every market, and it is about his homework, as I described, with one Darned right, we do. This system is out the television industry deciding it is of my colleagues. He has made a very of control. going to profit as a result of being able effective presentation of why this is In this morning’s Washington Post to ignore, effectively, a provision that necessary. there is a columnist who really makes exists in law requiring the sale of tele- Let me make an additional point the case about, what we need in poli- vision advertising at the lowest rate on about the television industry. I think tics is more money, that we just need the card for political advertising. the television industry does some aw- more money in this political system. I I happen to think we ought to do fully good things in our country, and wonder, has this person been on some more in reform with respect to adver- all of us take advantage of it almost kind of space flight somewhere? Did tising. I know some think this would every day. And we appreciate the good the shuttle take him up, and have they be too intrusive. But, as I indicated, I things they do. But, as we know, the been gone for the last 10 years? Could think political campaigns ought to be a television industry was provided a they not have failed to see in Sep- competition about ideas. They ought to spectrum. The public airwaves were tember and October—and even before be about competing ideas of what we given to broadcasters free on the condi- in every election year, especially last need to do in this country to make this tion they serve ‘‘the public interest, year—the blizzard of advertisements, a better place in which to live. They convenience, and necessity.’’ the 30-second ads in every venue of have instead become this machine gun- According to a study by the Norman every kind? fire of 30-second advertisements. Lear Center at the University of Our political system doesn’t need I would like to see at some point that Southern California, during the 2000 more money. In fact, what has hap- we require the lowest rate on the rate campaign the typical local television pened—and I think that is what has card to be offered to those who pur- station in a major market aired just 45 prompted this amendment—is that chase a 1-minute ad, require the tele- seconds of the candidate’s second dis- politicians have become collectors of vision industry to sell ads in 1-minute course per night during a month before money in order to transfer the money increments, and require the candidate November 7. Why? They know what to television stations that become the to appear on the ad three-fourths of the sells on the news. They are chasing am- large beneficiaries of this new system time of the 1-minute ad. That would bulances, they are not covering polit- of ours. really require people to use television ical campaigns. My colleague, Senator TORRICELLI, advertising to tell the American people There were stories about this in the has offered an amendment that says what they are about. If they want to last campaign. Too often television the television stations in this country criticize their opponent, good for them. stations decided they weren’t going to have a responsibility to do what the But they would have to do it in person put campaign news in the news strip, law says they should do—that industry on the air. let people buy it, and at the same time has a responsibility to sell political I think that would really change a on the commercial side of the station time for political advertisements to lot of political advertising in this they were jacking up the price of their candidates at the lowest rate on the country, and I think America would be ads and preventing candidates from ac- rate card. But that has not been hap- better served to have positive debate cessing the lowest unit cost. pening. What has happened in the com- about what the candidate stands for; I think on the issue of public inter- munications business—especially tele- one would stand for one set of ideas, est, convenience, and necessity, we vision and radio—is a galloping con- and the other would stand for another have a ways to go in the television in- centration and mergers. Since the 1996 set of ideas; and let people make a dustry dealing with the coverage of po- Telecommunications Act, we have seen choice. But these days, that is not litical campaigns. a rash of mergers and large companies what you have. You have a rush to try Major broadcast networks performed becoming larger. In virtually every to destroy one candidate by the other, only slightly better—airing just 64 sec- State, there are fewer television sta- and in many cases we are seeing ex- onds a night of a candidate’s discourse tions owned locally, and more are penditures and unlimited money com- per network, according to an owned by large national companies. ing from undisclosed donors. That Annenberg Public Policy Center report. Guess what happened. The result is doesn’t serve this political system at The question is, How are the Amer- they make decisions now about the ad all. ican people to gather information prices and the rate cards they are My colleague says let us at least about the competition of ideas that going to use for politics. They are solve this problem by adding to the ought to exist in the political race over maximizing their revenue from the po- McCain-Feingold bill. As I indicated the newscast? Hardly. The news indus- litical income in this country. when I started, I support the McCain- try, including the networks, is not cov- My colleague described what is hap- Feingold legislation because I think it ering most of these campaigns. And pening in New Jersey. I think that is is a significant step in the right direc- local stations have decided increas- important, because he describes the tion. But it will be incomplete if we do ingly that there is a menu for their substantial increase in costs of tele- not add this amendment because this nightly news, and they understand ex- vision advertising for political pur- amendment will finally tell the tele- actly what it is. It is often dealing with poses in New Jersey. vision industry: You must do what the crime, even while crime goes down. Let me describe what happened in law requires. Here is exactly what Con- Incidentally, there are wonderful North Dakota. The advertisement that gress says the law has required for studies about this which show de- cost a mere $290 in 1998 to clear an ad some long while that you have gotten creased crime rates and increased view- on four NBC stations in western North away from doing. If we don’t do this, ing of stories about violent crime on Dakota—remember that this is a we will not see an abatement to this the nightly news because that is what sparsely populated area, and the rates mad rush for money and the require- sells. are much different from in New Jersey ment that those who are involved in It is time for us to ask for something and New York—but a $290 or $300 adver- politics collect funds in order to trans- better and something different from tisement 2 years go sold at $753 last fer those funds to the television sta- the television industry. In this cir- fall, nearly tripling the advertising tions that are now charging double and cumstance, we are simply asking them rates of the television stations in a triple for the advertising that is re- to do what we believe the law has re- small State such as North Dakota. quired in America politics. quired them to do but what they have

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4161 been refusing to do in recent years, and Senators’ offices. Even though no one We’re salivating. No question it will be that is to sell 45 days before a primary will rise in defense of this indefensible huge as far as ad revenue [is concerned] . . . and 60 days before a general election to cause of the networks, nevertheless, It’s like Santa Claus came. It’s a beautiful candidates for public office at the low- there are silent arguments being thing. est unit charge of the station for the waged. I will debate those even if there He was not talking about the quality same class and amount of time for the is not someone in person to do it. of the debate. ‘‘Santa Claus coming’’ same period as for the commercials As some of my colleagues have noted, was not about substantive arguments that are aired on those stations. That some of the most effective arguments to help the people of New York. He was is what the requirement is. were actually made yesterday in the talking about the prospects of HILLARY It is what they have not been doing, Washington Post by David Broder, the RODHAM CLINTON running for the Sen- and it is what Senator TORRICELLI and columnist. Let me begin by quoting ate and the potential revenues, recog- Senator CORZINE, Senator DURBIN, I, those arguments. I quote: nizing the expenditures in a Clinton and others say it is time to be required The reality is being ignored— Senate campaign. ‘‘We’re salivating.’’ ‘‘It’s a beautiful thing.’’ ‘‘It’s like to do. That is in dealing with McCain-Fein- Santa Claus came.’’ So I am pleased today to support this gold— amendment. I think it is a very impor- It is not by chance that we come as senators debate rival measures, all of tant amendment, and I am especially today making this argument. There which have a common feature—reducing the has been a calculation by television pleased my colleague, Senator flow of contributions that pay the campaign TORRICELLI, has taken the lead to offer television bills. Common sense tells you that networks to take advantage of this po- it today. if the TV bill remains that exorbitant, politi- litical system and this fundraising to Mr. President, I yield the floor. cians will continue the ‘‘money chase’’ under maximize their profits. The PRESIDING OFFICER. Who any rules that are in place. There are arguments going on in Sen- yields time? Exactly. Further: ators’ offices as we speak. Papers are Mr. DODD. Mr. President, let me in- The reality is that any measure that be- being circulated, as I have suggested, quire, how much time remains on the comes law without such a provision— in the absence of any Senators coming proponents’ side? Parenthetically, that meaning the to argue against this amendment. The PRESIDING OFFICER. Seven- cost of television— Stealth arguments are being made to Senators’ offices. Let me go through a teen minutes 45 seconds. is likely to be no more than a Band-Aid. As Mr. DODD. How much time remains long as broadcasters can continue to treat few of these arguments for a moment. on the other side? politics as a profit center, not a public re- The National Association of Broad- The PRESIDING OFFICER. Ninety sponsibility, the money will have to come casters is arguing, first, that we are minutes. from somewhere to pay those bills. The cur- going down the slippery slope of free Mr. DODD. May I inquire of my col- rent debate focuses too much on the people time. league from Kentucky—if I could inter- who write the checks. It’s time to question, My colleagues, there is no amend- rupt for 1 second—we are down to as well, where the money goes. ment before the Senate requiring free about 17 minutes on the proponents’ That is the heart of the argument for time. Indeed, there could be an argu- side. Will my colleague from Kentucky this amendment. ment for it. All of our European allies, be willing at some point to yield us a Where does the money go? Mr. in every other industrial democracy in little time if we need it? MCCAIN and Mr. FEINGOLD deal with the world, broadcasters are required to Mr. MCCONNELL. Mr. President, I the demand for money. We are dealing provide free time to help the public de- would be happy to yield some time. I with the supply of the advertisements. bate. We are not doing that today. It am unaware of speakers at the moment This is an equation that inevitably would be warranted, but it is not being in opposition to the Torricelli amend- must be dealt with together in the bill. argued. ment. There may be some. Actually, I It has been noted by my colleague, We are simply requiring that the law know of one who wants to speak. He is Senator CORZINE, of our experience in read as many Senators believe it al- not on the floor at the moment. So we the New York metropolitan area, already exists—lowest unit cost. We are will be casual about time, and I will though indeed we do so simply because closing a loophole in the current law. make sure we can accommodate all we are the most familiar with it. The Second, the National Association of speakers. arguments we are making about New Broadcasters is arguing in Members’ Mr. DODD. How much time does my York and Philadelphia could be made offices that: Candidates already receive colleague want? in any market in the country, al a 30 percent discount on regular com- Mr. TORRICELLI. Let me inquire. though I want, parenthetically, to deal mercial ad rates. Oh, my colleagues, if We have several colleagues who want with how the networks are approaching only it were so. As I think we dem- to speak on behalf of the amendment. political campaigns today, not as a re- onstrated earlier in my arguments, While I want to speak, I do not want to sponsibility to enhance communication that is a fiction. Candidates are not take all the time that remains. So I am but as an economic opportunity. getting 30 percent. Yes, that is the law. under the Senator’s guidance. It should be noted that of the 10 sta- That is what should be happening. But Mr. DODD. Why not take the time tions that made the most money from as we have demonstrated—in Min- the senator’s need, and I am confident political advertising in the year 2000, neapolis, 95 percent of advertising is my colleague from Kentucky will yield three are in New York: NBC, ABC and now being done at commercial rates, 4 us some time if we need it. CBS; two are in Philadelphia, WPVI percent is at lowest unit rate; in De- Mr. MCCONNELL. I say to my col- and WCAU. They range from WNBC in troit, 8 percent is at lowest unit rate; league from New Jersey, I am not ex- New York, which placed $25 million of in Philadelphia, 9 percent; in San Fran- actly swamped with speakers request- advertising, and in Philadelphia with cisco, 14 percent; in Las Vegas, 38 per- ing time. I will be glad to work with $11 million for WCAU. It is best decent; in Seattle, 9 percent. the Senator to have adequate time. scribed by the sales director at the CBS No, National Association of Broad- Mr. TORRICELLI. I thank the Sen- affiliate in Philadelphia as ‘‘the best casters, you are not providing a 30-per- ator very much. year we’ve had in forever.’’ cent discount. That is the exception. At this point, I want to deal with sev- Why was it the best year and why all The rule is, you are price gouging. You eral of the questions that have been this excitement? are charging commercial rates—con- put before the Senate. In the absence of Let me quote from an article by Paul trary to current law. anyone coming to the Senate floor to Taylor, former Washington Post polit- Third, arguing that: This has a fun- confront the overwhelming logic of our ical reporter. Quoting the CBS affiliate damental, constitutional problem. amendment, I want to deal with the in Buffalo, WIVB-TV, Patrick Paolini, There is no constitutional problem. stealth arguments being presented in general sales manager, who said: First, we have had, for more than 30

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4162 CONGRESSIONAL RECORD—SENATE March 21, 2001 years, the requirement that ads must paigns, the arrogance that is leading to We are going to support this amend- be sold at the lowest unit rate. We are avoidance of Federal responsibilities, ment. not doing anything new. We are closing the selling at lowest unit rate cost, or The Senator from New Jersey has a loophole in current law. If there is a the raising of these extraordinary ar- laid out the substantive arguments constitutional argument now, then guments without merit. very persuasively. I wish to say a word there has been a constitutional argu- That is the sum and substance of the or two about how this amendment re- ment for decades; and it has never been case they are making. To the credit of lates to our overall McCain-Feingold raised before, although, frankly, even if my colleagues, they are so meritless in bill and why it is very consistent with it had been, it would have failed. their points that no one will actually reform. The Senator from Connecticut The fifth amendment’s taking chal- argue their point of view. Hence, I has already mentioned this, pretty lenge would fail in this provision. challenge them alone. much foreshadowing what I will say. There is no right to a grant of a license We have other colleagues who have The most important point is that the or property interest in the use of a fre- come to the floor to make their case. I amendment compliments the soft quency. The networks have a public li- yield the floor. Senator DURBIN will be money ban. The bottom line of our leg- cense to use the public frequencies for available to speak to the Senate. islation is, we have to get rid of this their network business. There is no Mr. DODD. Mr. President, I commend party soft money that is growing expo- constitutional right to it. You apply my colleague from New Jersey, once nentially. The reality, though, as the for a license, and you can get that li- again, for raising the arguments that Senator from New Jersey has pointed cense subject to conditions. Public re- are being circulated around the offices out, is that in a post-soft-money world, sponsibility is one of those conditions. of the Senate and pointing out the fal- the amount of money available for a Selling air time for the public debate lacy of those arguments. candidate in party advertising will be at a reasonable cost is another condi- The facts are inarguable, when you significantly reduced. That is how it tion. That has always been a condition. look at the rates that are being should be. That is what we must do. Under section 304 of the Communica- charged in major markets all across Reducing the cost of television time tions Act of 1934, broadcasters are re- the country. It goes back to the heart will have the very beneficial effect of quired to ‘‘waive any claim to the use of the bill. As we are trying to keep reducing the impact of the loss of soft of any particular frequency or electro- down costs, for many of us it runs money on the ability of candidates to magnetic spectrum as against the regu- somewhere around 75 or 80 cents on the legitimately get their message out. latory power of the U.S.’’ There they dollar that is spent on TV advertising. The parties will only have hard money have waived the constitutional right to It varies from State to State, I am to spend. For that reason, it is appro- claim that the spectrum must be used sure, but that is not an unrealistic priate to allow them to use the lowest for public purposes. number in modern campaigns to spend unit rate as well. In Federal Communications Commis- that much of a campaign dollar on TV The fact is, this amendment can help sion v. Sanders Bros. Radio Station, a advertising, considering how much the make the legislation work. This court decision, the Supreme Court of public relies on television for its amendment will help the parties to ad- the United States interpreted this pro- sources of information. just to the new world of fundraising for vision to mean that: If we are truly trying to put the only hard money, and it will help can- No person is to have anything in the na- brakes on the ever-spiraling cost of didates have the sufficient resources to ture of a property right as a result of grant- campaigns, as my colleague from Wis- respond to ads that will still be run by ing a license. consin has eloquently described, there outside groups. There simply is no constitutional is no natural law that I know of which Some of the concerns about all the right impaired by asking these reduced says that the costs of campaigns ought money that would flow to the outside rates. to continue to rise at the rate they groups are overblown. I don’t think all Finally, the broadcasters are argu- have been rising over the last few the money will flow. It is false that all ing, in correspondence to our offices, years. Trying to do something about the corporations will give their money that broadcasters should not bear the cost as well as the amount of dollars in that way. The fact is, there still will burden of campaign reform. Why not? that are raised is the second part of be these ads and people will still need Isn’t dealing with the campaign fi- this equation. to respond. The Torricelli amendment nance problems of the country If we are making the case that we does make it possible for people to everybody’s responsibility? We are say- don’t need more money in politics, that have that ability to respond through ing that candidates for public office case is more easily made if we are able the legitimate, controlled, regulated, should no longer avail themselves of to demonstrate that we can reduce the and disclosed hard money system. soft money, should abide by certain cost of trying to speak to the American Like the soft money ban in this bill, rules. Why indeed should broadcasters public about what our views are, what the amendment will take our election not bear some of the responsibilities? their choices are, as we encourage peo- law back to its original intent. The Do they not have public licenses? Do ple to participate in the electoral proc- soft money ban reinvigorates the cen- they not have responsibility to air the ess. tury-old prohibition of corporate news fairly, cover campaigns, to inform I thank our colleagues, the authors spending in connection with Federal the public? Should they be allowed to of this amendment, for offering the elections. Lowest unit rate, on the price gouge? amendment and making the case they other hand, was intended to give can- They make the argument: What have. I know our colleague from Illi- didates a significant discount for ad- about newspapers? Shouldn’t news- nois, who is a cosponsor of the amend- vertising so they could get their mes- papers bear this responsibility? I don’t ment, wants to be heard. I see my col- sage out. The practice of having know a newspaper in America that league from Wisconsin. Maybe he preemptible and then, on the other deals with a Federal license, nor are would like to take a couple minutes be- hand, nonpreemptible classes of time newspapers under the same cir- fore Senator DURBIN arrives. I yield a was not contemplated by the lowest cumstance of a market that will only couple of minutes to the Senator from unit rate statute. What this amend- permit so many newspapers. The spec- Wisconsin. ment does is bring the LUR back to trum has limited the number of tele- Mr. FEINGOLD. I know the Senator what the Congress intended it to be. vision stations; hence, the FEC’s re- from Illinois is coming. I will take a In my mind, it is very similar to quirements and Federal law. moment or two. I appreciate the Sen- what the soft money ban does. It takes These National Association of Broad- ator from Connecticut giving me the us back to where we were supposed to casters arguments are an insult. They time so I can indicate my support for be. We are talking in both cases about confirm the arrogance with which the this amendment. I think I can speak loopholes that have helped destroy an networks are approaching Federal cam- for the Senator from Arizona as well. entire system that actually was pretty

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4163 well thought out. But loopholes do The media, exempt from regulations they which hurt challengers more than well- occur, and this amendment helps us advocate for rival sources of influence, are known incumbents with established financ- close them. mostly John McCain’s megaphones. But con- ing networks. After 1974, incumbents’ fund- The Senator from New Jersey al- sider how empirically unproved and theoreti- raising advantages over challengers rose ready did a fine job on this. I reiterate, cally dubious are his charges of corruption. from approximately 1.5 to 1, to more than 4 What McCain and kindred spirits call cor- to 1. this is not a slippery slope. This is not ruption, or the ‘‘appearance’’ thereof, does Early 1997 versions of the McCain-Feingold the next step to free time. I wish it not involve personal enrichment. Rather, it and Shays-Meehan reform bills would have was. There ought to be free time for means responding to, or seeming to respond set spending ceilings—surprise!—just where candidates. There ought to be reduced to, contributors, who also often are constitu- challengers become menacing to incumbents. television costs, but LUR is not free ents. However, those crying ‘‘corruption!’’ Shays-Meehan set $600,000 for House races. time. The original McCain-Feingold must show that legislative outcomes were Forty percent of challengers who had spent bill, when Senator MCCAIN and I first changed by contributions—that because of more than that in the previous cycle won; came together to work on a bipartisan contributions, legislators voted differently only 3 percent of those who spent less won. In 1994, 1996 and 1998, all Senate challengers basis, was about voluntary spending from the way they otherwise would have done. lost who spent less than the limits proposed limits in return for reduced costs for Abundant scholarship proves that this is in the 1995 and 1997 versions of McCain-Fein- television time. That is something we difficult to demonstrate, and that almost all gold. were unable to get a majority of the legislative behavior is explainable by the There are interesting limits to McCain’s Senate to support. That is not what legislators’ ideologies, party affiliations or enthusiasm for limits. His bill does not in- this amendment does. This amendment constituents’ desires. So reformers hurling clude something President Bush proposes—a simply makes LUR effective and useful charges of corruption often retreat to the ban on lobbyists making contributions to in practice for candidates. charge that the ‘‘real’’ corruption is invis- legislators while the legislature is in session. I thank the Senator and appreciate ible—a speech not given, a priority not Such a limit would abridge the freedom of adopted. That charge is impossible to refute incumbents. Campaign finance reform is his very serious involvement in this about abridging the freedom of everyone but campaign finance debate and, in par- by disproving a negative. Consider some corruption innuendos examined by Bradley incumbents—and their media megaphones. ticular, for this amendment that, as I Smith, a member of the Federal Election Mr. MCCONNELL. It was on the indicated, Senator MCCAIN and I tried Commission, in his new book ‘‘Unfree whole subject of unsubstantiated for 5 years to finally get this bill on Speech: The Folly of Campaign Finance Re- charges of corruption. the floor. We always said we have our form.’’ In my view, as I have said in the ideas, but we believe that if this bill is In April 1999, Common Cause, McCain’s past, and repeat again today, when peo- brought to the floor of the Senate, the strongest collaborator, made much of the fact that from 1989 through 1998 the National ple make those kinds of charges, they Members of the Senate will make it a need to back them up. I am quite better bill. Every one of us is an expert Rifle Association had contributed $8.4 million to congressional campaigns. However, pleased there have been no such on this issue. If we come out and have that was just two-tenths of one percent of charges made during this debate. It an honest, open debate as we are hav- total spending ($4 billion) by congressional produces an atmosphere that makes it ing now, it will get better. The candidates during that period. How plausible more likely that we can better legis- Torricelli amendment is proof of that is it that NRA contributions—as distinct late. proposition. from the votes of 3 million NRA members— This is the second amendment offered The PRESIDING OFFICER. The Sen- influenced legislators? in the last 24 hours that I think ad- ator from Kentucky. Common Cause made much of the fact that dresses some of the real problems in to- Mr. MCCONNELL. Mr. President, I in the 10 years ending in November 1996, yield myself whatever time I may use. broadcasting interests gave $9 million in day’s campaign finance reform debate. I assure my colleagues from Con- hard dollars to federal and state candidates The first problem that we addressed necticut and from Illinois it will be and in soft dollars to parties. Gosh. Five yesterday was the problem of the mil- election cycles. Changing issues and can- short. lionaire candidate. It passed 70–30. It didates. Rival interests within the industry was an excellent amendment by Sen- I have been very pleased by the de- (e.g., Time Warner vs. Turner). And broad- ator DOMENICI and Senator DEWINE and bate so far on this subject and, frankly, casters’ contributions were only one-tenth of somewhat surprised. The comity in the one percent of the $9 billion spent by parties Senator DURBIN that actually addresses Senate has been excellent. There has and candidates during that period. Yet, as a real problem we have in today’s cam- been a total absence of unsubstantiated Smith says, Common Cause implies that this paigns. charges of corruption, which we had on minuscule portion of political money caused Now we have another amendment the floor the last time this debate legislative majorities to vote for bills they that addresses a real problem. I com- came up. That is a step in the right di- otherwise would have opposed, or to oppose mend the Senator from New Jersey for bills they otherwise would have supported, a thoughtful, well-researched, and, in rection. each time opposing the wishes of the con- On that subject, in today’s Wash- my view, conclusive case, that the law stituents that the legislators must face that has been on the books for 30 years ington Post, there was an interesting again. article by George Will, a columnist. I As Smith says, to prove corruption one requiring the broadcasters to sell can- ask unanimous consent that the article must prove that legislators are acting didates time at the lowest unit rate be printed in the RECORD. against their principles, or against their best ought to be complied with. None of us There being no objection, the article judgment, or against their constituents’ likes having to raise money. But it is was ordered to be printed in the wishes. Furthermore, claims of corruption my view that it is better than getting RECORD, as follows: seem to presuppose that legislators should it out of the Treasury. I assume we will act on some notion of the ‘‘public good’’ un- [From the Washington Post, March 20, 2001] debate later whether or not the tax- related to the views of any particular group payers ought to pick up the tab for our DROPS IN THE BUCKET of voters. (By George F. Will) Although reformers say there is ‘‘too much campaigns. If it is inconvenient for us, McCainism, the McCarthyism of today’s money in politics,’’ if they really want to di- it ought to come through our efforts, ‘‘progressives,’’ involves, as McCarthyism lute the possible influence of particular in- not somebody else’s. did, the reckless hurling of imprecise accusa- terests (the NRA, broadcasters, whatever), As the Senator from New Jersey tions. Then, the accusation was ‘‘com- they should favor increasing the size of the pointed out, and very persuasively, no munism!’’ Today it is ‘‘corruption!’’ Pan- total pool of political money, so that any in- matter how many hours there are in a demic corruption of ‘‘everybody’’ by ‘‘the terest’s portion of the pool will be small. day, with the declining value of the system’’ supposedly justifies campaign fi- And if reformers really want to see the ap- $1,000 contribution set in the 1970s, nance reforms. Those reforms would subject pearance of corruption, they should examine when a Mustang cost $2,700, and infla- the rights of political speech and association what their reforms have done, have tried to to yet further government limits and super- do and have not tried to do. tion in the television industry, far be- vision, by restricting the political contribu- Smith notes that incumbent reelection yond the CPI—coupled with an appar- tions and expenditures that are indispen- rates began to rise soon after incumbents ent unwillingness that we have all ex- sable for communication in modern society. legislated the 1974 limits on contributions, perienced in our States of broadcast

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4164 CONGRESSIONAL RECORD—SENATE March 21, 2001 stations to cover campaigns in the I say today, if you look at the role of than other advertisers—something news—we are, in effect, blacked out in television in this debate on political called the lowest unit charge. We basi- terms of earned coverage. campaigns and public issues, television cally said that if there was a bargain at The need for commercials is critical is not just a great wasteland, television the TV station, the bargain should be and essential. So what the Senator has become a killing field because the given to the political candidate. That from New Jersey is saying is, let’s people who run the television stations, is in the interest of sharing informa- apply the law, as originally written, the networks and local broadcasters, tion on public issues, but also in keep- correctly. Give candidates for public have forgotten the bottom line: their ing the cost of political campaigns office an opportunity to get their mes- responsibility to the American people. under control. sage across. I think it is an amend- You see, they are selling a product. It But, sadly, though the law required, ment, the passage of which is necessary is something they create; it is pro- as of 1971, that the lowest unit charge if we are going to address one of the gramming—the types of things we like be charged to candidates in their cam- real problems in the current campaign to watch on television, such as sports, paigns, the fact is that candidates are finance system. news, and entertainment. But their paying more and more. Why? Because This is something of a historic mo- business is different than any other. if you go to a television station in Chi- ment. I think Senator MCCAIN, Senator The way they sell their product is on cago, or in Springfield, IL, and say you FEINGOLD, and I are going to be on the something that we as Americans all want to buy a 30-second ad right before same side of an amendment. Come to own—the airwaves. The television sta- the newscast the night before the elec- think of it, it is the second time. tions don’t own the airwaves. We tell tion, they will say: Senator, great. We I commend the Senator from Wis- them: You can rent the airwaves; you will be glad to sell you that ad. Inci- consin, also, for his consistent opposi- can lease the airwaves, and we will li- dentally, if we only charge you the tion to amending the first amendment cense you to use the airwaves, but we lowest unit rate, the bargain basement, for the first time in 200 years. He and I expect you to do it in a responsible sadly, if anybody comes and offers a have been on the same side of that way. dollar more for that ad, we knock you issue over the years. This will be the Today we are engaged in a debate— off the air. second time we have been on the same and all this week—on campaign finance Well, there isn’t a political candidate side. I think it bodes well as we move reform. Many people have suggested with any good sense that will agree to forward in this debate. changes that are significant. I salute that. If you are going to be knocked off In my judgment, we are actually im- Senators FEINGOLD of Wisconsin and the air right before the news and they proving this bill. I hope we will make MCCAIN of Arizona. I have been a co- put you on right before the Pledge of other improvements as we go along. I sponsor of the bill. They are talking Allegiance and the Star-Spangled Ban- intend to support the Torricelli amend- about the sources of money that go ner at the end of the night, you have ment. I commend the Senator from into political advertising. We all know lost everything. Your market doesn’t New Jersey for a completely well-re- that the sources have become scan- have the benefit of all the good things searched, documented case that ad- dalous in size and, frankly, in their you have to say. dresses one of the real problems we special interests. I think they are on What candidates are doing is not pay- have in American politics in the year the right track to clean up the money ing the lowest unit charge, they are 2001. going into political campaigns. But the paying the inflated charges. The tele- Mr. President, I yield the floor. important thing to remember is that vision stations have become a killing The PRESIDING OFFICER. The Sen- just dealing with the supply side, if you field, because they have taken the law, ator from Illinois is recognized. which said we are going to favor can- Mr. DURBIN. Mr. President, I don’t will, of political campaigns, the didates in public discourse of issues, know if I need specific time yielded. I sources of campaign contributions and have turned it upside down so that ask for 20 minutes. misses the point. The PRESIDING OFFICER. The time Do you want to really reform polit- candidates, frankly, end up paying dra- of the proponents has expired. ical campaigns in America? You can’t matically more than the lowest unit Mr. MCCONNELL. I had yielded the even have a serious conversation about rate. The cost to the campaign sky- Senator 20 minutes. that, unless you address the role of tel- rockets, and then candidates, incum- Mrs. BOXER. If my friend will yield evision. Television used to be a tiny bents and challengers alike, scramble, for a moment, I wonder if the Senator part of political campaigns, but it has beg, and plead for people to give them from Kentucky will give me 5 minutes grown almost out of control. money so they can give it right back to at the conclusion of Senator DURBIN’s Take a look at these numbers—polit- the television stations. time. I would appreciate it. ical advertising on broadcast tele- That is why the Torricelli amend- Mr. MCCONNELL. I will be happy to vision. Starting in 1970, network ex- ment, of which I am a cosponsor, is so do that. penditures were $260,000. Come down to important. It addresses the demand The PRESIDING OFFICER (Mr. the year 2000, 30 years later, and it is side of political campaigns—not just BUNNING). The Senator from Illinois is $15 million-plus. Station TV used to be the supply side, where the money recognized. about $12 million in the 1970 cycle. Now comes from, but how the money is Mr. DURBIN. I thank the Senator we are up to $650 million. The total ex- spent. Sadly, as we get closer to elec- from Kentucky for graciously allowing penditure for the year 2000 was esti- tion day and the demand for their TV me to speak. mated to be some $665 million. Well, ads goes up, these stations raise their Back in the early 1960s, Newt Minow, the Alliance for Better Campaigns rates dramatically. of Chicago, was named Chairman of the came out and said it was going to be A gentleman by the name of Paul Federal Communications Commission between $771 million and $1 billion Taylor, who used to write for the by President John Kennedy. He came spent on television by political cam- Washington Post, created a group up with a phrase to characterize tele- paigns. called Alliance for Better Campaigns. vision at that moment in our history, So what we have, in fact, are efforts He enlisted the support of a lot of great which has become legendary. Newt by candidates of both political parties people, such as former President Ford; Minow called television in the early to raise money to give to television former President Carter; Walter 1960s, ‘‘the great wasteland.’’ He took a and radio stations in an effort to get Cronkite, the legendary CBS news com- look at what was available on tele- your message out to the American peo- mentator; and a former Senator from vision and suggested that the Amer- ple. When we created these stations Illinois, Paul Simon. ican people deserved better. It trig- and we acknowledged that the public This public interest group said let’s gered a national debate for reform and owned the airwaves, we also said when take a look at television with regard to creative thinking about the role of tel- it came to political advertising, can- public information and whether it is evision. didates would be treated differently doing its job. I was in one of their

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4165 meetings in Chicago. They brought in week night news at 10 o’clock in St. If you ran a company and said, ‘‘We the managers of TV stations and said: Louis, they dropped it 45 percent. On are not selling enough of our product, We noticed you are not covering cam- the Sunday a.m. news talk shows, as let’s increase the marketing budget’’; paigns, unless the candidates pay for soon as the campaign was over, adver- and after a quarter or two, you brought it, on your stations. What Mr. Taylor tising costs went down 66 percent; the in the marketing department and said, did was to invite the radio and TV sta- Sunday p.m. local news, 25 percent. ‘‘How are you doing?’’ and they said, tions to take a 5-minute segment dur- The television stations and the net- ‘‘We have doubled the marketing budg- ing the last week or two of the cam- work affiliates are gaming the system. et’’; you went to the sales department paign and make it available for some They understand that candidates are and asked, ‘‘How are you doing?’’ and public debate and public discourse desperate for time. They understand they said, ‘‘Sales are down’’—that is about the issues. that if they tell them it is preemptible, what is happening in political cam- Sadly, after we take a look at the they will pay more, and then as soon as paigns. The marketing budget is in- participation in it, very few stations the campaigns are over, we see these creasing, but we are not making the got involved in Mr. Taylor’s request. dramatic decreases in the cost of this sales to the American people. They are Let me tell you some of the statistics television time. not buying what we are selling. they developed. The political coverage That is why it has become a killing Why? Because, frankly, the whole of these stations shows the result of an field. They run up the rate cost for the process has been tainted. It has been analysis of political ad costs in all top candidates, and they refuse to cover tainted by the expense, by the involve- 75 media markets. the campaigns. They have really for- ment of special interest groups, and by The alliance advocates scrapping the gotten their civic responsibility that the fact that so many candidates, my- lowest unworkable lowest unit charge the airwaves belong to the American self included, spend so many waking and requiring the industry to open the people. As a consequence of that, we hours trying to raise money to launch airwaves. When they were asked to do are seeing a phenomenon in American an effective campaign such as in a it voluntarily, the stations did not politics which we cannot ignore. State as large as the State of Illinois. comply. A lot of people are going to argue This amendment is an important step These stations steer candidates to- later about how much money we should forward because here is what it does: ward premium rates. They pay the be able to raise. But keep in mind that This amendment says that we are highest amount. They are shut out of if we are raising money to pay for elec- going to eliminate class distinctions air time. tronic media—television—the cost of for air time for candidates under the America is different in this regard. that media, according to a media buyer current statute. We are going to make Many countries make this time avail- I contacted, goes up 15 to 20 percent time purchases nonpreemptible, we are every 2 years. So your campaign needs able to their candidates so they can going to allow political parties the to raise 15 to 20 percent more funds to have literally free access to television benefit of the lowest unit charge, and do exactly the same thing you did on and radio, but in America you have to we are going to require random audits television 2 years ago. If you are run- pay for it. We do not provide free air in designated market areas to check ning for the Senate, in a 6-year period time. The cost, of course, is going compliance. of time you can see a 60-percent in- through the roof. We cannot say to the TV station how crease in your television cost. Let me give an illustration of how much it charges, but we can say they Let me give an example in St. Louis bad it is using one market in which I cannot run their ad rates up right be- again. A moderate television buy in St. have to buy advertising, and the mar- Louis runs about $186 a point. A point fore an election, as so many stations ket is in St. Louis. St. Louis is one of is the way they measure the audience. have done, and then drop them precipi- the toughest markets in which to buy A 1,000-point buy for a week of spots— tously as soon as the election is over. All of this money going to television advertising. There are some radio sta- that is about 30 or 40 30-second ads a stations from political campaigns is, tions there which will only sell you day—will cost you $186,000. four or five ads a week. They limit you. Under the current rules of raising frankly, good for their business, but it You cannot buy any more. money, I can ask a contributor to give is not good for America. Let us remem- Listen to what we found when we me up to $1,000. So in order to run ad- ber our responsibility: to make sure went to a major network affiliate in vertising in one area that serves the the airwaves are used in a manner that St. Louis and compared some of the State of Illinois, I have to get 186 peo- serves all the people in this country, charges they made in the last election ple to give me $1,000. Obviously, when not just serving the needs to make a cycle with what they charged just a one considers the entire State of Illi- profit. Sadly, that is what has been few weeks later. nois and the campaign everyone is fac- done too many times in the past. The cost of nonpreemptible time—in ing, one can see how the cost of these I hope we will see an increase in other words, you get a set time which campaigns is going through the roof. voter participation, but I hope we will is guaranteed—was four times higher A $200,000 media buy buys a few 30- also see an increase in interest in pub- than preemptible time. Take the low- second slivers of time to get ideas and lic issues by the networks and by the est unit charge which candidates are views out on the public airwaves. It local stations. It is not enough for supposed to get, and then if you want takes just a moment to purchase it, them to say that a few times, in what to make sure you get the time you and if a person gets up to get a sand- might not even be prime time before an asked for, at this station you are going wich in the kitchen, they miss that 30- election campaign, they are going to to pay up to four times as much for second ad. It requires asking 4,000 peo- make their station available so there that nonpreemptible time. ple to make a $50 campaign contribu- can be a debate among the candidates. On the early morning weekday news tion. It is not enough that they will give us shows, the rate that this station Former Senator Bill Bradley said a the Sunday morning opportunities to charged after the political campaign few years ago: talk on the shows. As good as that is, was over went down 55 percent from Today’s political campaigns function as that just does not make it in terms of the political campaign time. During collection agencies for broadcasters. You selling products—they know that—and noon weekday news, the rate went simply transfer money from contributors to in terms of convincing voters as to down 66 percent in the weeks after the television stations. what we have at stake in these elec- election campaign. It is interesting to me that as we tions. I think it is time for these net- The story goes on. Weekday evening spend more and more money on tele- works and television stations to be news took 3.3 times the amount to buy vision in these campaigns, as we do our part of campaign finance reform. The a nonpreemptible ad, and then as soon best to get our message out, our mar- original version of the McCain-Fein- as the campaign was over, they ket—the voters of America—has re- gold bill included this reform, included dropped the overall rate 38 percent. On sponded by refusing to vote. efforts to address the television and

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4166 CONGRESSIONAL RECORD—SENATE March 21, 2001 radio costs which candidates face that I yield the floor. morning. Not that many people will see was taken out of the bill for reasons I The PRESIDING OFFICER. The Sen- it. So they have you in a very difficult don’t know, but it should be brought ator from Kentucky. situation. forth. Mr. MCCONNELL. I ask unanimous Los Angeles is the second most ex- If we are going to have real campaign consent that a vote on the pending pensive media market. Senator finance reform, then we definitely have amendment occur at the expiration of TORRICELLI’s chart shows basically the to make sure we are getting candidates the period of time beginning with 5 average 30-second spot is almost $35,000 an opportunity to purchase time at af- minutes of the remarks by the Senator in a good time slot. By the way, I once fordable rates. Otherwise, we are going from California, 5 minutes of remarks wanted to buy a couple of slots, and I to find the cost of campaigning con- by the Senator from Nevada, and 7 was told it was $50,000, but let’s just tinuing to skyrocket and the sources of minutes under the control of the Sen- say about $35,000. Under the Torricelli money for candidates drying up as we ator from Connecticut. amendment, it comes down 75 percent. cut off soft money, as we cut off other The PRESIDING OFFICER. Without That is a very big difference. sources. I think this amendment is objection, it is so ordered. The fact is, this is a very good critically important. The Senator from California is recog- amendment. I am very much for the When they asked these stations how nized for 5 minutes. McCain-Feingold bill. I will be opposed much time they would give of their Mrs. BOXER. Mr. President, I thank to amendments that I think are not own time during the course of the cam- my colleague from Kentucky for yield- good amendments, are not meritorious paign in a survey, it is interesting ing. amendments, and cannot be defended what they found. A national study re- I strongly support the amendment and might make this veto bait. It leased by the University of Southern being offered today by Senators would be hard to imagine that George California’s Norman Lear Center, on TORRICELLI, CORZINE, DURBIN, and DOR- W. Bush could look at what the broad- February 5, 2001, of 74 local stations, GAN. casters are doing to candidates, some found that the typical local television We learn best when involved in the of whom are struggling very hard to station spent less than 1 minute of air middle of a situation. Anyone who runs get the money they need, and will take time a night on candidate discourse in for office from my State of California the side of the broadcasters who are the final month of the 2000 campaign— knows it is all about television. In its laughing all the way to the bank, nod- less than a minute. wisdom, our founders said if you come ding their head, saying: We really got The study found all but one local sta- from a State that has 500,000 people, them this time. tion failed to meet a voluntary public you get 2 Senators; you come from a I have good relationships with the industry standard that they air 5 min- State that has 34 million people, like communications industry in my State, utes a night of candidate-centered dis- my State, you get 2 Senators. It is very good relations with the TV people, the course in the 30 nights before the elec- difficult in a large State to personally radio people, but I have asked over and tion. Stations in the survey that indi- meet but a very small percentage of over again, how can they sleep at night cated they would try to meet the the people. So we must rely on tele- knowing what the people who own air- standard, which was just 7 percent of vision. That is the only way. waves in this country get so people can the Nation’s 1,300 local stations, aver- What has happened, and the chart find out what candidates stand for. It aged 2 minutes and 17 seconds a night. shows this, in California, the broad- is almost impossible unless you are They are paying no attention what- casters have taken tremendous advan- independently wealthy or just raise ever to elections and campaigns unless tage of this situation. To say the costs huge sums of money. the candidates show up with money in are unreasonable is an understatement. So to close this statement, I say hand and are prepared to pay the out- They are confiscatory. They are taking again how strongly I support the un- rageous charges that have been leveled 80 percent or 90 percent of our budget derlying bill and how much I respect against them in terms of these can- after we pay our overhead. TV was so Senators MCCAIN and FEINGOLD. I will didates. expensive in my last race I couldn’t be voting against most amendments. National broadcast networks didn’t The PRESIDING OFFICER. The Sen- even afford to have much radio. I didn’t do much better. They averaged 64 sec- ator’s 5 minutes has expired. even have any left over for radio. I onds a night per network of candidate Mrs. BOXER. I ask for 20 more sec- raised $20 million and huge sums went discourse in the final month of the 2000 onds. campaign. to television. The PRESIDING OFFICER. Without It is no surprise the broadcasting in- The facts are, when we approached objection, it is so ordered. dustry, which has profited so much the TV stations, we thought we were Mrs. BOXER. In closing, which I from political campaign spending, also entitled to get the lowest rate because would have done if I had the oppor- vigorously resists any campaign fi- that is, in fact, the law. However, it is tunity, I believe there are certain nance reform which touches them. The a little bit similar to airline seats. If amendments that strengthen this un- media industry, since 1996, has spent you see airline seats advertised, they derlying bill. This is one of those over $111 million lobbying Congress, say we have a special fare from Los An- amendments. It strengthens the under- partly to block campaign finance re- geles to New York; it is really cheap, lying bill. It makes it even better. It form bills that included any kind of $100. Call up and they say: Sorry, those gets at a situation that is out of con- discounted or free candidate air time. seats are sold. Therefore, you have to trol. I will be supporting this amend- The number of registered media-re- spend $1,000. It is a little bit similar. ment. lated lobbyists has increased from 234 When we went to the broadcasters Mr. President, I yield the floor. in 1996 to 284 in 1999. The amount spent and asked to buy time and asked for The PRESIDING OFFICER. The Sen- rose in 1999 to $31.4 million, up 26.4 per- the lowest rate, which is required by ator from Nevada is recognized for 5 cent from the 1996 amount. This is big law, they would say: Absolutely, we minutes. business. This is big profit. They have will give you that rate. But be warned, Mr. ENSIGN. Mr. President, what we a lot at stake. if someone else comes along and wants are talking about on this amendment I hope at the end of this debate we to pay more, you cannot retain that is something called the lowest unit will enact this amendment, an amend- spot. rate. The spirit of the law that was ment I have cosponsored with Senator Again, everyone knows if you are passed was that candidates could have TORRICELLI, Senator CORZINE, and Sen- running for the Senate you need to the lowest unit rate charged to them ator DORGAN. If we do not address the reach people when they are up and by broadcasters so campaigns would be real costs of campaigns, the demand about. Otherwise, it doesn’t pay. If you less expensive and candidates could get side of the ledger, we are not going to say, fine, bump me to another spot, their message out to the masses. serve the need of real campaign finance you could be having your commercial The Senator from California just reform. aired at 3 o’clock or 4 o’clock in the talked about how expensive it is in her

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4167 State to advertise. I cannot even imag- Before I yield the floor I want to ad- is subjected to, but nevertheless the ine, coming from a State like Nevada dress one final issue. Broadcasters have idea is the unit cost would be the low- with only 2 million people, what it is the airwaves for free, and the justifica- est rate so the cost of campaigns would like in a State like California with 34 tion for this is that they provide a very not get out of hand, which obviously million people. But I can tell you, hav- important public service to local com- what has occurred in the last few ing been through 4 campaigns in the munities by providing news and local years. last 8 years, that advertising costs on politics. The charts Senator CORZINE used, television have skyrocketed. The State I talked to the Nevada broadcasters and Senator TORRICELLI, showed the of Nevada, during that same 8-year pe- about this last week. While I would say exponential growth in the cost of cam- riod of time, grew by approximately 50 in this election their coverage im- paigns. While there are a lot of reasons percent. It was the fastest growing proved—and more of the campaigns that has occurred, there is no reason State in the country. So you would ex- were covered during this time it was any more clear than the rising cost of pect television time to go up by a sig- still pathetic. television advertising. nificant amount—maybe by 70 percent When you consider how much time is I note the arrival of my colleague or 80 percent, as it has in other parts of spent on a sensational television story, and friend from New York who would the country. But in Nevada, even as compared to the time spent on a like to be heard on this issue as well. I though we have only grown by 50 per- message or a story that actually af- commend her for her support of this as cent, our advertising rates have gone fects the lives of the vast majority of well and thank the authors of this up by as much as 300 percent to 400 per- people in our States, I think you will amendment. This is really an impor- cent. That is at least 6 times faster agree that many of these local broad- tant piece of this bill. than the rate the population has casts across the country spend a small If we are going to try to keep down grown. percentage of their time actually deliv- My first congressional campaign was costs, keep down the rising costs of ering important public service to the campaigns, we have to address this the most expensive congressional cam- communities. paign ever in the State of Nevada. I issue. The Senator from New Jersey So I think it is the responsibility of has done that with this amendment. spent around $700,000, and my opponent the broadcasters to not only accept spent around $800,000. Now a typical I am happy to yield 3 or 4 minutes to what we are trying to do with the low- my colleague from New York. congressional race in the State of Ne- est unit rate, and the spirit of the law Mrs. CLINTON. Mr. President, I vada will cost somewhere between $1.5 of the lowest unit rate, but also we thank my good friend from Con- to $2 million. That is a significant need to call on the broadcasters to necticut. I also thank Senators change of cost in just 8 years. And al- cover more of our politics, so that we TORRICELLI and CORZINE for bringing most every dime of that increase has get more people involved in the polit- come from the increase in the cost of this important issue to the forefront of ical system. this debate because clearly we are not television advertising. The PRESIDING OFFICER. The 5 The broadcasters were just visiting going to be able to have the kind of minutes of the Senator has expired. me back here in Washington D.C. and campaign finance reform that many of Mr. ENSIGN. I ask unanimous con- we had a discussion about the lowest us are hoping will come out of this sent for another 20 seconds. unit rate and what that means for a The PRESIDING OFFICER. Without process if we do not address the most congressional campaign. During my objection, it is so ordered. expensive aspect of modern-day cam- first campaign we bought time for the Mr. ENSIGN. To close on this, even paigns. most part on the lowest unit rate. But though I believe the broadcasters have As we all know, that is the adver- in the last couple of campaigns, can- made progress in my State, we need to tising that we have to do in order to didates have not been able to use the keep the pressure on them because we communicate with voters about where lowest unit rate because when you are seeing such a low voter turnout. If we stand on issues. It is a particular place an ad, that ad is probably going we cannot get our message as can- challenge in large States. But it is a to be bumped by a higher paying cus- didates to the general public, we can- national one that all of my colleagues tomer. There is so much competition face. for certain time slots on television not get them inspired to come out and participate in elections. The Torricelli amendment, which that those commercials always get would amend the Communications Act bumped, and what you end up with is I yield the floor. The PRESIDING OFFICER. The Sen- of 1934, would require that the lowest terrible placement and you do not get unit rate be provided to committees of your message out to the people you are ator from Connecticut is recognized. Mr. DODD. Mr. President, I am ex- political parties or candidates pur- trying to reach. chasing time. I think that is in the My advisers in the last two cam- pecting a couple of Members who asked best interest of our democracy. I cer- paigns have insisted we not buy the to come over and be heard. tainly believe it is the kind of reform lowest unit rate because you cannot di- Just to conclude, it is an encouraging that goes to the real heart of what the rect your message to the people to sign we have heard nothing but strong money chase is all about. whom you want to direct it. So we are support for the amendment offered by always forced to buy the most expen- our colleague from New Jersey. I think I think a lot of us would like to be sive slot in order for our message to be the argument is quite clear. The facts able to turn the clock back to the days effective. In addition, at the end of a have been laid out about as clearly as that some of our colleagues can re- campaign cycle, the broadcasters’ rates possible. There is clearly a loophole, to member, but for most of us, we just skyrocket. put it mildly—maybe something more read about it, where you could literally The broadcasters used to dread cam- serious occurs—when the lowest unit go out into a town square or out in the paigns because that was the time of rate is not being recognized in major countryside, set up a little platform, year they made the least amount of media market after major market all visit with constituents, make a speech, money because of this lowest unit rate. across this country, thus raising the keep on going, and reach most of the Now it is one of their favorite times of cost of campaigns. people who were going to vote for you the year because it is actually one of Part of the idea was, of course, to or make a decision on an important their highest profit margin times of have the lowest unit rate so people’s issue. Those days are long gone. The year. This certainly was not the intent voices could be heard during election television broadcast networks know of the legislation that brought about season to hopefully enlighten and edu- they are the means by which we must the lowest unit rate. cate the public about the choices they communicate. So I applaud the Senators who are would make. I do not want to say that I think this amendment is not only bringing this amendment to the floor. I is necessarily what occurs in every 30- fair but long overdue. I commend the add my support to this amendment. second or 1-minute ad that the public Senator from New Jersey for bringing

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4168 CONGRESSIONAL RECORD—SENATE March 21, 2001 it to the floor. I hope the television in- I think it does some real good in I know in 1997 when the FCC doubled dustry recognizes that there is an ef- terms of reducing the case for huge the amount of the spectrum it licensed fort to not just have a level playing amounts of money for campaigns. to television broadcasters, I joined field but fulfill what many of us Second, it attempts to level the play- with many others in recommending thought was the bargain; that when we ing field a bit because the less funded that 5-minute, voluntary, candidate- use the public airwaves for commu- candidates will have a greater oppor- centered discourse during the 30 days nications—and those communications tunity, as the television rates are less, leading up to the campaign. We know are basically controlled by the compa- to have at least a minimum message on that is not happening. nies that have been given, in my opin- television that they are able to fund. I think we need to do more to provide ion, the privilege of having those air- I think leveling the playing field is free air time for political candidates. I waves—that there has to be some way also something we are trying to do in hope we will not only pass this amend- they give back to keep the first amend- the legislation before us. ment but go on to consider other ways ment alive, to keep democracy going. I The existing law and spirit of the law we can make air time more readily am just so pleased that we are going to provide that the lowest unit charge of available. If it were in my power, as have a chance to vote on it. the station is supposed to be provided Santa Claus, to give that gift to the I thank my good friend from Con- in the 60 days preceding the date of the American people, I would certainly do necticut for yielding some time so that general election and 45 days preceding it. But I am going to try to make that I could weigh in on the importance of the primary. case in addition to supporting this very this issue. This amendment just carries out worthy amendment. Mr. DODD. Mr. President, there was what is clearly the spirit, purpose, and I thank the Senator from Kentucky one other Member who wanted to be intent of the existing law, and again I for yielding me time. heard. He is not here. I am going to commend the Senator from New Jersey The PRESIDING OFFICER. The Sen- yield back the time, and I ask for the for bringing this forward and for those ator from Kentucky. yeas and nays. who have indicated their support for it, Mr. MCCONNELL. I ask unanimous The PRESIDING OFFICER. Is there a including, I understand, both Senators consent that the distinguished assist- sufficient second? MCCAIN and FEINGOLD. ant majority leader have 5 minutes Mr. MCCONNELL. Mr. President, if Mr. MCCONNELL. Mr. President, the prior to the vote. the Senator will withhold for just a Senator from Oklahoma wishes to Mr. TORRICELLI. If the Senator moment, we wondered if Senator speak for a couple of minutes. We ex- would yield, could I have 1 minute, BURNS wanted to speak. He may be pect him to walk in the door momen- then, before the vote, just to close on walking through the door momen- tarily. At the end of his 2 minutes, it is my amendment? tarily. our intention at that point to go to a Mr. MCCONNELL. Sure. Then the I suggest the absence of a quorum. vote. vote will occur 6 minutes from now, The PRESIDING OFFICER. The Mrs. CLINTON. Mr. President, may I and will be followed by an amendment clerk will call the roll. ask unanimous consent to supplement by the Senator from Minnesota, Mr. The legislative clerk proceeded to my earlier remarks? WELLSTONE. call the roll. The PRESIDING OFFICER. Is there I yield the floor. Mr. LEVIN. Mr. President, I ask objection? The PRESIDING OFFICER. Without unanimous consent that the order for Without objection, it is so ordered. objection, it is so ordered. the quorum call be rescinded. Mrs. CLINTON. Thank you very The Senator from Oklahoma. The PRESIDING OFFICER. Without much. Mr. NICKLES. Thank you very much. objection, it is so ordered. Mr. President, I didn’t realize it until Mr. LEVIN. If the Senator from Con- I thank my colleagues for their co- after I spoke, but my good friend, Sen- necticut has any time operation. I understand my colleagues The PRESIDING OFFICER. All time ator TORRICELLI from New Jersey, gave are ready to vote and that they have has expired. me one of the articles he read into the held the vote off so I could make a few Mr. LEVIN. Are we waiting for an- RECORD that I have yet a new title; comments. I appreciate that. other speaker? that is, ‘‘Modern Day Santa Claus.’’ I am going to speak against this Mr. MCCONNELL. The Senate has I was given an article that was writ- amendment. I heard everybody say been waiting for a minute. Why not ask ten by Paul Taylor about broadcasters they are for it, so I am sure this unanimous consent to speak for a and their desire to have political ad- amendment will be adopted. But my minute or two. vertising. guess is, this amendment should be Mr. LEVIN. I appreciate the usual I was delighted to learn that I am a classified as ‘‘the million-dollar gift to courtesy of my good friend from Ken- beautiful thing like Santa Claus be- Senators’’ and maybe for Senate can- tucky. cause the campaign I ran brought, I didates. Mr. President, I ask unanimous con- guess, great beauty and good cheer to This is a big gift. This is a gift. In sent that I have 2 minutes. the broadcasters of my State. reading the language it says: The PRESIDING OFFICER. Without I would like to add to my previous . . . to such office shall not exceed the low- objection, it is so ordered. comments in support of this amend- est charge of the station (at any time during Mr. LEVIN. Mr. President, I comment that I think this is a good start the 365-day period preceding the date of the mend the Senator from New Jersey, to ensure that the spirit of the current use) for the same amount of time for the and the managers of the bill who I un- law is enacted and implemented. But I same period. derstand are supporting the amend- think we should go further. And later What that means is, we get to buy ment. I think it takes an important in the debate I hope we will have a ads at the lowest rate that the station step towards reducing the money chase chance to talk about even going fur- charged anybody anytime during the and leveling the playing field. ther, to perhaps legislate the 5 minutes past year. First, the money chase will be re- that has been suggested by a number of These are political ads. Some sta- duced somewhat because so much of people as being free air time, and even tions may have lower rates because the money which has been raised goes to have a debate on an issue I support, they want to do something to help a into television. The more reasonable which is free broadcast time across the charity. Maybe they want to be kind to these ads are and the closer they come board and some way to fulfill the polit- a university and raise money, and to the lowest rate, which is supposed to ical obligations of communications there is a fundraising drive, such as the be provided for anyway under existing that I think our society so desperately University of Kentucky. So they want law, the less demand there will be for needs without having the charges at- to have a fundraising drive, and the money in order to get a minimum mes- tached to it that we currently are expe- station says, this is a low time of the sage on television. riencing. year, so, yes, we will give you good

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4169 rates. And maybe this is in April or I agree with what the Senator from The PRESIDING OFFICER. The maybe it is in January when time is Oklahoma said. It is a benefit to can- clerk will call the roll. pretty cheap because the demand is not didates. If people are meaning to kill The bill clerk proceeded to call the very large. this bill, this is one way to do it. roll. What we are saying is, we want to Mr. LEAHY. Mr. President, I am Mr. BURNS. Mr. President, I ask have that rate for politicians in Octo- pleased to be able to support the unanimous consent that the order for ber and early November, when maybe amendment offered by Senators the quorum call be rescinded. the demand is very great. The rates TORRICELLI, CORZINE, and DURBIN. I be- The PRESIDING OFFICER. Without might be four times as much, three lieve that allowing candidates the op- objection, it is so ordered. times as much. You have the new portunity to let their message be Mr. BURNS. Mr. President, I ask shows on TV. known to the public, through tele- unanimous consent to be recognized for I look at this, and maybe it sounds vision ads, without having to raise an just 1 minute. kind of nice. Somebody says this is obscene amount of money to finance The PRESIDING OFFICER. Is there really enforcing what the existing lan- those advertisements is a needed step objection? guage is. I say hogwash. This amend- toward truly reforming our campaign Mrs. BOXER. Reserving the right to ment is worth millions, and everybody finance system. During the 2000 elec- object, and I will not object, people should know it. This amendment is tion broadcasters’ advertising prices keep coming and getting more time. worth millions to candidates. soared precisely when airtime was That is fine. But I think we need to re- I question the wisdom of doing it, most valuable to candidates. Due to serve another matching minute be- saying we should have lower rates than this dramatic increase in prices the cause now the opponents are coming to anybody else in the country. And, oh, broadcasters earned record profits from the floor laying out their arguments. incidentally, Mr. Broadcaster, we poli- political advertising. People are coming to the floor. So if ticians want to check your rates for David Broder of the Washington Post Senator BURNS is speaking against this that entire year, and we get the lowest articulated the need for TV advertising amendment, I ask unanimous consent of anybody. Of anybody, anytime, we price relief. He writes, ‘‘Common sense that I have 30 seconds to respond to his get the lowest. We are special. I ques- tells you that if the TV bill remains comments. tion the wisdom of it. I am going to . . . exorbitant, politicians will con- The PRESIDING OFFICER. Is there support some amendments to help this tinue the ‘money chase’ under any an objection? bill. I do not doubt that this amend- rules that are in place.’’ The rules to Mr. MCCONNELL. Mr. President, I ment is going to be adopted, but I cer- which Mr. Broder refers are the rules object. I am on the same side as the tainly question the wisdom of it. drafted in the campaign finance reform Senator from California on this issue. Some people said: Let’s just have free bill. It seems to me the Senator from Mon- time. This is a gift. This may not be The PRESIDING OFFICER. The Sen- tana is not unreasonable to ask for a free time, but this is a gift that may be ator from New Jersey is recognized for minute to explain his position, after greater than free time. 1 minute. which the regular order would occur. Some people say: Maybe we should Mr. TORRICELLI. Mr. President, the The PRESIDING OFFICER. Is there have free time for candidates of so Senate is now moving beyond a simple an objection? many minutes or so many hours, and soft money ban to genuine campaign fi- Mr. MCCONNELL. I object. so on. This is an amendment worth a nance reform, ensuring that as we re- The PRESIDING OFFICER. Objec- lot more than that. So our colleagues duce the amount of money in the polit- tion is heard. should know that. Because rates vary ical system, we are not reducing the Mr. STEVENS. I suggest the absence significantly throughout the year, and amount of political debate in the Na- of a quorum. we are saying you get the lowest rates. tion. The PRESIDING OFFICER. The I guess if a person is going to buy a There is nothing new or startling clerk will call the roll. rate in August, that is one thing; so we about this amendment. Under current The bill clerk proceeded to call the check the last 365 days, and then if you law, the broadcast industry must pro- roll. Mr. NICKLES. Mr. President, I ask are going to buy an ad in October, we vide the lowest unit rate for political unanimous consent that the order for have to check the last 365 days to see if broadcasting. The problem is, they the quorum call be rescinded. there is a lower rate. have been evading their responsibility. The PRESIDING OFFICER. Without I think this amendment is very well Stations now will have to participate intended. But, in my opinion, this objection, it is so ordered. in a shared sacrifice. Candidates will Mr. NICKLES. Mr. President, I ask amendment should not be adopted. not raise certain forms of money that The PRESIDING OFFICER. The Sen- unanimous consent for a minute for are undermining political confidence, ator from Alaska. Senator BURNS and a minute for Sen- and the broadcast industry must meet Mr. STEVENS. Mr. President, what ator BOXER. its public responsibility to provide low- is the time circumstance? The PRESIDING OFFICER. Is there The PRESIDING OFFICER. There is cost broadcasting. an objection? I believe this is a critical component 1 minute remaining for the Senator Without objection, it is so ordered. to comprehensive campaign finance re- from Oklahoma. Mr. BURNS. Mr. President, I thank Mr. NICKLES. I yield the Senator form. It allows many of us to be part of my friend, the assistant leader. from Alaska whatever time I have re- McCain-Feingold. I have been tied up in a committee The PRESIDING OFFICER. The Sen- maining. all morning trying to get over here. We The PRESIDING OFFICER. The Sen- ator’s time has expired. have had some pressing energy busi- Mr. TORRICELLI. I believe it is a ator from Alaska. ness. But I wish to make one point. Mr. STEVENS. I rise to agree with proper addition. How many other industries are we I thank the Chair. the Senator from Oklahoma. This I ask for the yeas and nays. asking to lower their rates on the serv- amendment in my State is going to be The PRESIDING OFFICER. Is there a ices they perform for the sake of polit- catastrophic. We have many small sta- sufficient second? ical activity? Are we asking the auto- tions that survive on mass marketing There appears to be a sufficient sec- mobile companies? The gasoline com- throughout the year at low rates. This ond. panies? The newspapers? The direct will mean they will have to provide The yeas and nays were ordered. mailers? The writers? Are we asking those of us who are candidates with the The clerk will call the roll. them to lower their rates on their in- same rates. It makes no sense to me at Several Senators addressed the ventory for the sake of political activ- all. I think it is an invasion of the Chair. ity? I think not. rights of the people who operate these Mr. NICKLES. Mr. President, I sug- And the broadcasters, once their small independent stations. gest the absence of a quorum. time is gone, it is gone forever; and

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4170 CONGRESSIONAL RECORD—SENATE March 21, 2001 they cannot recover it. I don’t think Mr. DODD. I move to reconsider the to the introduction of S. 584 are located we have a right to ask them to do that, vote by which the amendment was in today’s RECORD under ‘‘Statements especially incumbents, as we are here, agreed to. on Introduced Bills and Joint Resolu- who have access to the news every Mr. MCCONNELL. I move to lay that tions.’’) night. motion on the table. Mr. WELLSTONE. Mr. President, be- The PRESIDING OFFICER. The Sen- The motion to lay on the table was fore we go to the Senator from Idaho, ator’s time has expired. agreed to. I ask unanimous consent that in addi- The Senator from California is recog- AMENDMENT NO. 123 tion to Senator CANTWELL as original nized for 1 minute. Mr. WELLSTONE. I call up amend- cosponsor of my amendment, also Sen- Mrs. BOXER. Mr. President, we are ment numbered 123. ator CORZINE and Senator BIDEN be in- not asking anyone to lower their rates. The PRESIDING OFFICER. The cluded as original cosponsors. That is a misstatement of the amend- clerk will report the amendment. The PRESIDING OFFICER. Without ment. The Torricelli amendment sim- The legislative clerk read as follows: objection, it is so ordered. ply says current law should be fol- The Senator from Minnesota [Mr. The Senator from Idaho. (The remarks of Mr. CRAPO are lo- lowed. Current law says the lowest rate WELLSTONE], for himself and Ms. CANTWELL, cated in today’s RECORD under ‘‘Morn- should apply. May I remind my friends, proposes an amendment numbered 123. Mr. WELLSTONE. Mr. President, I ing Business.’’) the airwaves are owned by the Amer- The PRESIDING OFFICER. The Sen- ask unanimous consent reading of the ican people. People get a license. The ator from Minnesota. airwaves should be open to the Amer- amendment be dispensed. Mr. WELLSTONE. Mr. President, I ican people. The PRESIDING OFFICER. Without will reserve for myself just a little bit In California, they give us 10 percent objection, it is so ordered. of time now because there will be other at the lowest rate, and 90 percent of it The amendment is as follows: Senators who will want to speak on is at the highest rate. You cannot get (Purpose: To allow a State to enact vol- this subject. This is an amendment to your message out. untary public financing legislation regard- the McCain-Feingold bill, a very im- This amendment is a clarification of ing the election of Federal candidates in such State) portant piece of legislation in and of existing law. It strengthens McCain- itself, which I think is a very impor- Feingold. If you vote against this, it is On page 37, between lines 14 and 15, insert the following: tant step forward for all of us. I hope just a signal to the broadcasters to SEC. 305. STATE PROVIDED VOLUNTARY PUBLIC this amendment will have bipartisan keep on ripping us off and all the FINANCING. support. I think it just adds to the money will go to TV. Section 403 of the Federal Election Cam- McCain-Feingold bill. The PRESIDING OFFICER. The time paign Act of 1971 (2 U.S.C. 453) is amended by This amendment simply allows of the Senator has expired. adding at the end the following: ‘‘The pre- States, any of our States, to set up vol- The question is on agreeing to the ceding sentence shall not be interpreted to untary systems of full or partial public Torricelli amendment No. 122. The yeas prohibit a State from enacting a voluntary financing for Federal congressional and nays have been ordered. The clerk public financing system which applies to a candidates that involve voluntary candidate for election to Federal office, spending limits on both personal and will call the roll. other than the office of President or Vice- The bill clerk called the roll. President, from such State who agrees to outside contributions, as long as these The PRESIDING OFFICER (Mr. limit acceptance of contributions, use of per- systems are not in conflict with the BURNS). Are there any other Senators sonal funds, and the making of expenditures Federal Election Campaign Act. So in the Chamber desiring to vote? in connection with the election in exchange this simply allows States, if they want, The result was announced—yeas 70, for full or partial public financing from a to set up a voluntary system of partial nays 30, as follows: State fund with respect to the election, ex- public financing. cept that such system shall not allow any [Rollcall Vote No. 41 Leg.] This is entirely a voluntary system, person to take any action in violation of the and we leave it up to our State. YEAS—70 provisions of this Act.’’. Historically, the States have been a Akaka Durbin McConnell Mr. WELLSTONE. Mr. President, my ‘‘laboratory of reform’’—the term was Bayh Edwards Mikulski LINTON Bennett Ensign Miller understanding is Senator C will coined by Supreme Court Justice Wil- Biden Feingold Murkowski be coming to the floor in a moment. liam Brandeis—where innovative poli- Bingaman Feinstein Murray Mr. DODD. I suggest the absence of a cies have been created. Bond Frist Nelson (FL) quorum. This States rights amendment allows Boxer Graham Reed The PRESIDING OFFICER. The these laboratories to do their work in a Breaux Hagel Reid Bunning Harkin clerk will call the roll. safe way—I want Senators to listen to Roberts Byrd Hatch Rockefeller The legislative clerk proceeded to this—because the electoral regulation Cantwell Hollings call the roll. that Congress has written into Federal Carnahan Inouye Santorum Carper Jeffords Sarbanes Mr. DODD. Mr. President, I ask unan- law remains the floor. That is the law. Chafee Johnson Schumer imous consent the order for the In other words, while States will be Cleland Kennedy Shelby quorum call be dispensed with. given wide latitude to set up voluntary Clinton Kerry Smith (OR) The PRESIDING OFFICER. Without systems of public financing, they will Collins Kohl Snowe Conrad Kyl Stabenow objection, it is so ordered. not be able to enact laws that will Corzine Landrieu Thompson Mr. DODD. Mr. President, I ask unan- allow candidates, whether covered by Crapo Leahy Torricelli imous consent the Senator from New public financing or not, to engage in Daschle Levin Voinovich York be recognized for 5 minutes as in conduct that will otherwise be in viola- Dayton Lieberman Wellstone Dodd Lincoln Wyden morning business. tion of Federal election laws. Dorgan McCain The PRESIDING OFFICER. Is there While the Federal law is the floor, I NAYS—30 objection? think it is a low floor, indeed, although Mr. WELLSTONE. I ask my col- McCain-Feingold makes it better. Allard Enzi Lugar Allen Fitzgerald Nelson (NE) league if we may extend that to 10 min- Many believe our system is awash in Baucus Gramm Nickles utes. special interest money. I agree with Brownback Grassley Sessions Mr. DODD. I ask for 10 minutes. them. It is not a matter of individual Burns Gregg Smith (NH) The PRESIDING OFFICER. Without corruption. I almost wish it was. It Campbell Helms Specter Cochran Hutchinson Stevens objection, it is so ordered. The Senator goes way beyond I don’t wish it was, Craig Hutchison Thomas from New York is recognized for 10 but I think it is a more serious prob- DeWine Inhofe Thurmond minutes. lem. Domenici Lott Warner Mrs. CLINTON. I thank the Chair. I don’t think we are talking about The amendment (No. 122) was agreed (The remarks of Mrs. CLINTON, Mr. the wrongdoing of individual office- to. DODD, and Mr. WELLSTONE pertaining holders. But we are talking about a

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4171 huge imbalance of power where some It will mean there won’t be a dime expanding health care coverage, or people, by virtue of their economic re- for any of the investments to which we making sure there is a good education sources, have way too much wealth ac- say we are committed. There are going for every child. Obviously, we have an cess and too many people are left out. to be some harsh discretionary domes- all-out assault on basic workplace pro- Please remember that 80 percent of tic spending cuts. What that means is tections and environmental protec- the money spent in the year 2000 was anything from energy assistance, to tions. hard money. Please remember as these housing, to programs that try crimes I think a lot of people in Minnesota campaigns—we just had an amendment against women who have been bat- and a lot of people in the country have that was an effort to deal with part of tered—you name it. In addition, you reached the conclusion that the Con- the problem—become more capital in- have tax cuts that represent a Robin- gressional agenda is not their agenda; tensive, more television expensive, as Hood-in-reverse philosophy so that that the Congressional agenda is the communication technology becomes over 40 percent of the benefits go to the agenda of the powerful; that the Con- the main weapon in every electoral top 1 percent. gressional agenda is the agenda of the conflict, the big money matters even What I said before I will say again. heavy hitters; and that the Congres- more. The President talks about leaving no sional agenda is the agenda of the in- This amendment says: Look, if our child behind. One-third of all the chil- vestors in both political parties. States want to—we leave it up to dren in America live in families who For so many people, when it comes to them—set up a voluntary system of will not receive one dime from this tax their concerns for themselves, their partial or public financing to apply to cut, and 50 percent of African Ameri- families, and their communities, their our races, they should be able to do so. cans live in families who will not re- concerns are of little concern in the This debate in the Senate about big ceive one dime, and 57 percent of His- corridors of power in this Congress. money and politics and the ways in panic children live in families who will Who could fault them for this belief? which too often our elections have be- not receive one dime, but over 40 per- Many people believe there is a connec- come auctions and the ways in which cent goes to the top 1 percent of the tion between big special interest money and the outcomes in American all too often Senators have to be con- population. cerned about cash constituencies as So forget any commitment to mak- politics. People believe what is on the table well as real constituencies couldn’t ing sure that every child in America and what is off the table is based upon have come at a more perfect time. has a good education. The vast major- Let me give a few examples. Several who has the money and power. People ity of people believe in that goal. For- weeks ago we had an effort that took 10 believe who gets to run and who does get any commitment to making sure hours to overturn 10 years of work. The not get to run and who wins and who that elderly people—I argue there are a National Academy of Sciences said re- loses is quite often determined by the lot of families as well who are hurt by petitive stress injury is the most seri- mix of money in politics. People be- ous injury in the workplace. It en- this—can afford the prescription drugs lieve that some people march on Wash- dorsed taking action, did the research, they need for their health. And forget ington every day, and they have the did the study, endorsed a standard that any commitment to expanding health lobbyists, and they have the lobbying was promulgated by OSHA, but big care coverage for the 43 or 44 million coalitions, but that when it comes to business said jump. So we jumped, and people who have no coverage at all. For their concerns, they are not well rep- we turned our back on reasonable that matter, forget any commitment resented. People believe that if you standards. We turned our back on to beginning to get serious about home pay, you play, and if you don’t pay, you science, and we turned our back on a health care so that a lot of elderly peo- don’t play. lot of workers and their pain. We made ple aren’t institutionalized, aren’t So people have lost faith in this sys- them expendable. forced into nursing homes but can still tem. I do not know what I think is Then we had the bankruptcy bill. I live in home in as near normal cir- worse: That so many citizens have this gave enough speeches about the bank- cumstances as possible with dignity, or disillusionment and disengagement to- ruptcy bill to deafen all the gods. I will people with disabilities. ward Government and public affairs. I not repeat any of it, just to say ulti- From where is the money going to hate that. I state that as the son of a mately what we got with this bill was come? Jewish immigrant born in the Ukraine a wish list for the credit card industry How about the veterans? I will tell who fled persecution in Russia. I love which is not held accountable at all for you about the veterans budget. There this country. I hate it when people feel their reckless and sometimes predatory is a $1 billion increase, but $900 million that way about public affairs. Some- lending practices but very harsh for a of it is medical inflation. times I think it is even worse when I whole lot of people who find themselves Then we have all of these commit- talk to people who are so excited about having to declare bankruptcy—not be- ments which we say we are going to public affairs, and they tell me they cause they are trying to game any sys- make for the millennium program—el- will never run for office. They say they tem but because of a major medical derly, home-based care, in addition to do not want to spend all their time bill, because they have lost their job, mental health services; in addition a raising the money. They cannot bear or because there has been a divorce in bill I have with EVAN BAYH to finally the thought of it. the family. deal with the distress about the fact Frankly, I think it gets to the point Then we have the news today that that 30 percent of the adults in the where we have this horrible self-selec- the arsenic standard that EPA had pro- homeless population are veterans— tion process where a lot of the very mulgated to make sure we had safe many of them Vietnam veterans—and best people never will run for office, for drinking water has been overturned by we need to reach out and help them. I a Senate seat or a House seat. I think the Administrator of EPA, the Envi- tell you, I don’t think any of this is by that is a tragedy for the country. ronmental Protection Agency. accident because for the sake of the top I know the sponsors of the new Then we have a tax cut—I am not 1 percent of the population making McCain-Feingold bill hope this bill will going to spend a lot of time on this. It sure they get the tax cuts—by the way, have the votes to pass. I hope it does. will be in the budget debate in about 2 these are the same people who are the But this bill is scaled down. It is a step weeks. If I am proven wrong, I will be heavy hitters. They are the big givers toward comprehensive reform, but I do glad to be proven wrong. I believe my who give the contributions, whether it think this is an ideal time to let States colleagues will find that ultimately a is soft money or hard money. take the lead. While we should not rigorous sort of measurement, if you We are at the same time not going to allow States to undermine Federal will, of what the surplus really is—and live up to our commitment of leaving election law, the law should not be an then alongside of that what the tax cut no child behind. We are not, if this ad- artificial ceiling that prevents States really amounts to—will mean two or ministration has its way, going to do from setting up systems of public fi- three things. much about prescription drug costs, or nancing that allow them to address

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4172 CONGRESSIONAL RECORD—SENATE March 21, 2001 this money chase, to address voter apa- there is a system of partial public fi- Here are some of the comments of thy, to address corruption, actual and nancing for gubernatorial candidates. people who ran. perceived. In my own State of Minnesota, there Shlomit Auciello, a Democrat chal- Mr. President, by way of background is a voluntary public financing system lenger: to this amendment, my own State of for statewide candidates as well as can- Without Clean Elections, I couldn’t even Minnesota attempted to set up a public didates for the legislature. Candidates think about running for office. I just financing system for Federal can- agree—it is voluntary—to spending couldn’t afford it. didates 9 years ago, when the State leg- limits, and in return they receive pub- Chester Chapman, a Republican chal- islature passed a law offering partial lic funds. lenger: public financing to candidates for Con- The State of Minnesota provides a The main reason I did it was that this is gress from Minnesota. tax credit for contributions to State what people want. Unfortunately, the Federal Court of candidates of up to $50. Glenn Cummings, a Democrat chal- Appeals for the Eighth Circuit struck In addition, four States have gone lenger: down Minnesota’s law in 1993 in Weber even further and have recently passed I spent a lot of kitchen table time explain- v. Heaney. The court ruled that be- full or nearly full public financing sys- ing the system to people. Once they knew cause the Federal Election Campaign tems for their elections—it is inspir- what it was they really liked it. They liked Act, FECA, did not specifically allow ing—in Maine, Vermont, Massachu- that it means no soft money and no PAC States to create this kind of voluntary setts, and in Senator MCCAIN’s own money will be used. I want to work for the public financing program, then FECA State of Arizona. They have passed leg- people of Maine and I don’t want to be beholden to anyone else. prohibited it. I think what the court islation similar to the Clean Money, was saying was: If you want to do it, Clean Elections Act. Gabrielle Carbonear: fine, but we want to see the authority. Senator KERRY and I have introduced It will definitely change some things. For The amendment I am offering would this as national legislation. Eventu- one thing I will have about half the amount ally, I would like to get there. Basi- of money I raised last time but much more correct that by adding one simple sen- time to talk with people which is a good tence to FECA which specifically al- cally, that is what they are saying in thing. these States to the citizens. And the lows States to set up voluntary public Just one more: financing programs for the election of citizens said: Yes, let’s do it. I want to talk about these inspiring We have an obligation to put into practice their own Members of the Senate and the system that was approved by voters in House, as long as no such program vio- examples. They have said: Listen, if 1996. Maine is in the lead in this area. It will lates any provision of the current each citizen will contribute a small only work if it is used, and it is important FECA law. That is all this amendment amount into a clean money, clean elec- for incumbents to embrace it. Also, the does. tion fund—maybe $5—and then can- Clean Election Act is making it easier to re- In other words, if a State—Min- didates draw from that fund—can- cruit candidates to run for office. nesota, Montana, Connecticut; I will didates who have passed a threshold to That was said by Rick Bennet, Re- talk about States that have already show that they are viable candidates— publican incumbent, assistant senate done this —wants to create a public fi- then these candidates do not have to be minority leader, and candidate for re- nancing fund and give its congressional involved in the money chase. They do election. candidates the option—a voluntary op- not have to be dependent on these pri- I simply say to my colleagues, I am tion; it is not required—of financing vate dollars. You, the people of Maine, all for McCain-Feingold, as long as it their campaigns partially or wholly you, the people of Vermont, you, the does not get too weakened. I think the with public money rather than private people of Arizona, you, the people of amendment we just adopted—the contributions, that State will be able Massachusetts, you own the elections. Torricelli amendment—was a step in to do so—again, provided there is no You own your own State government. the right direction. But, honest to violation of any of the current FECA You own the political process. goodness, 80 percent of the money is provisions. In Maine it is just incredible. There hard money. You still have this huge I want to stress to colleagues, be- was broad participation in the Clean problem of the system being so wired cause I do not want there to be any Elections program during this last for incumbents. It is so hard for chal- misinformation about this amendment, election, with 116 out of 352 general lengers to raise the money and for that these programs must be strictly election candidates—both Republicans there to be a level playing field. I can voluntary, just as the public financing and Democrats—participating. remember what happened when I ran in for Presidential elections is voluntary. What these clean money, clean elec- 1990; I can remember in 1996. I am now Candidates who would rather finance tion States have done is dramatically in a reelection. their campaigns with private dollars, reduced the influence of special inter- At a very minimum, there ought to adhering to the existing campaign fi- est money by providing a level playing be a vote on public financing in the nance rules, would be free to do so. field, by offering candidates a limited Senate, but this amendment doesn’t However, the courts have made it and equal amount of public funds. say we vote on public financing di- clear, in some cases, by upholding the I am saying to colleagues today, at rectly. We don’t vote on this at the very public financing systems for elec- the very minimum, we ought to allow Federal level, and we don’t really vote tion of State officeholders, which are our States to move forward with these on it saying that Montana or Min- models for this legislation, that a voluntary systems if they want to do nesota has to do it. Given the experi- State may offer public financing or so. That is the only proposition you ence of some of the States, such as other enticements to make contribu- vote on. Will you or will you not at Maine, Vermont, Massachusetts, Ari- tion limits and spending limits attrac- least be willing to allow your States to zona, and other States that have tive. provide for a system of voluntary full moved forward, let us at least allow This amendment, giving States the or partial public financing for our States, on a voluntary basis, to have a option of creating their own voluntary races, understanding full well that ev- system of partial public financing that alternatives to the current system, is erything else about Federal election they could apply to Federal races. perfectly constitutional. law stays as is. If they want us to have the oppor- Some States have already moved in I want to offer some comments about tunity to volunteer to be involved in this direction. Twelve States already Maine, giving some indication of what clean money and clean elections as op- offer partial public financing to can- happened in Maine, because I think it posed to all this big interested money didates for State offices. In fact, one of inspires a lot of hope. These comments that will continue to dominate the the most advanced of these programs is tell us something about what they process, even with McCain-Feingold in my colleague, Senator MCCONNELL’s have done and why it is so important passing—there is still so much of that own State of Kentucky. In Kentucky, to allow States to do so. money; we are still so awash in that

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4173 money—at the very minimum we ought one of us, with how vastly these cam- I commend my colleague from Min- to allow States to light a candle and paigns have increased in cost. nesota for offering this creative idea. lead the way. I have often cited the statistic that We are constantly hearing from our I know there are other Senators who when I first ran for Congress, some 24 colleagues how we need to give our are going to be coming to the floor. I years ago, Ella Grasso was running for States more flexibility. It is a call we can speak a much longer time about Governor of the State of Connecticut, hear quite frequently in one piece of this and will, but if my colleague from the first woman to be elected in her legislation after another. My colleague Connecticut is going to speak, I will own right as a Governor in the United from Minnesota and I serve on the Edu- yield the floor for now. States. Ella Grasso spent about cation Committee of the Senate. We The PRESIDING OFFICER (Mr. NEL- $500,000, an unprecedented amount of have just spent a number of days— SON of Florida). The Senator from Con- money, in the State of Connecticut to marking up, as we call it—writing up necticut. win a statewide race. I think she even the education bill for elementary and Mr. DODD. Mr. President, I thank my bought New York television time, secondary education. friend from Minnesota. I commend him which always adds considerably to the One of the important debates was for this amendment. cost of a campaign in Connecticut. And how much flexibility we would give our This is a very creative amendment $500,000 was an outrageous sum of local communities and our States in because it doesn’t go to the heart of money 24 years ago. using Federal dollars. It is a worthy de- what many of us have felt for a long My colleague from Connecticut, Sen- bate because most of us embrace the time, and that is that as we have done ator LIEBERMAN, and I—I can’t recall idea that local communities ought to with Presidential elections—I don’t the exact amount, but I will pretty have a great deal of latitude in decid- know if my colleague from Minnesota much be in the ballpark to tell the ing how the education system ought to spent time on this point—we have had Senate that a contested race in Con- work in those communities. public financing of Presidential races. necticut is now somewhere between $4 I will be interested to know if those Ronald Reagan, George Bush, this and $6 million. I promise you, if you who are most vociferous in arguing for President Bush, and President Clinton went back 24 years, prior to 1974, you greater flexibility at the State level in have all used public moneys in Presi- would have found an increase in the the education of our children would not dential elections going back to the late cost of campaigns but nothing like we similarly be inclined to support this 1970s. I believe President Reagan was have seen in the last 25 years, with no amendment which would offer greater the first—maybe President Carter was indication this trend line is going any- flexibility to our States that may de- the one—to use public moneys and pub- where but up in the coming years. cide that the cost of campaigns in their lic financing of a Presidential election. The issue before us is whether or not States has gotten out of control; that All would agree that as a result of we can come up with some mechanism they would like to do something about that, the costs of Presidential elec- which reduces the money chase, brings it; that they would like to offer Fed- tions, while they are expensive, have down the cost of these campaigns, eral candidates an option that would been reduced by having a public financ- which is what the Torricelli amend- reduce those costs. ing scheme where, as a result of accept- ment tries to do by insisting the lowest I am attracted to this amendment. I ing public dollars, candidates agree to unit rate be charged for campaign costs think it has value. I urge my col- certain caps, certain limitations on for advertising, and now what our colleagues to read it carefully, to raise league from Minnesota has proposed— how much money will be spent by a questions to my colleague from Min- that is, the creative idea of saying to Presidential candidate. nesota, if they have them, and then This country is not without prece- the 50 States that if you decide you vote for this amendment. I think it de- dent in dealing with public financing. would like to have this kind of a mech- serves our support. I know others will anism for your candidates for Federal My colleague has talked about some of come to the floor to address this mat- office, we should not necessarily stand the States that have done things. We ter. I don’t know if my colleague care in the way. to take a few more minutes or not. I have done it at the national level and If this were a mandate, then I think with some success. This amendment am prepared to stay with him and en- it would run into immediate constitu- gage in some debate. If not, we could doesn’t call for Federal public financ- tional problems. There may be some suggest the absence of a quorum and ing, as I understand it. It merely says with this anyway. I know States in the urge Members to come to the floor to to the States, if they would like to es- past have tried to pass legislation discuss the amendment. tablish a public financing mechanism which would put limitations on us, Mr. WELLSTONE. Mr. President, for candidates running for the House of such as term limits. In every one of first of all, I thank my colleague from Representatives or the Senate, the two those cases, the courts have overruled Connecticut. There are three or four Federal offices for which there are State statutes which would limit the Senators who want to speak, and I have elections in each State, then the States ability of people to serve here. We our- more to say. Frankly, I don’t want to would be allowed to construct such a selves could put limitations in the Con- use up all of our time without hearing mechanism that then-candidates who stitution on our service, but States from the opposition. I will take a few would agree to accept public moneys in don’t have the right, according to the more minutes. If nobody is here, I will those States would also accept certain Supreme Court or the Federal courts, suggest the absence of a quorum and limitations, principally financial ones, to do that. ask that the time be charged to the op- as one way of trying to get a better I do not think this amendment falls ponents of this amendment. I would handle on this ever spiraling cost of into that category. This is not some like to hear from them rather than campaigns. limitation on a Member’s right to run burning off all my time. I don’t have the charts with me that or to serve. It merely offers the option Mr. DODD. Well, I suggest that the some of our other colleagues have used of a different mechanism for financing time be charged to both sides equally. which point to the exponential increase the campaign. While I am not a con- That is normally how we proceed. Why in the cost of running for Federal of- stitutional scholar, I am sure there not go ahead, and I am sure others will fice. There is not a person in this will be those who make the case that come to the floor. Chamber who holds a seat who can’t this may suffer from a constitutional Mr. WELLSTONE. All right. Mr. bear witness to that fact. We wouldn’t flaw. I am sure there will be others who President, there are 65 organizations be here if we hadn’t gone through the will argue that this does not. that support this amendment. I ask excruciating gauntlet of having to In my view, because this does go in a unanimous consent that this list be raise the money and spend the dollars direction that contributes significantly printed in the RECORD. in order to be on television and run all to the underlying bill Senator MCCAIN There being no objection, the list was the various elements of a successful and Senator FEINGOLD have submitted ordered to be printed in the RECORD, as campaign. We are all familiar, every to us, it is worthy of support. follows:

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4174 CONGRESSIONAL RECORD—SENATE March 21, 2001 SIXTY STATE AND NATIONAL ORGANIZATIONS Clean Elections, the Catholic Social I say to my colleagues—and I will be SUPPORTING ‘‘STATES’ RIGHTS’’ AMENDMENT Justice Lobby, New Hampshire Citizen very frank about it—the reason for this ACORN—Association of Community Organi- Alliance For Action, Florida Consumer is absolutely constitutional. Not in one zations for Reform Now Action Network, and it goes on. court case—and I mentioned the Min- Alliance for Democracy Then there is one organization I men- nesota court of appeals case—has any American Friends Service Committee of tion, which is the Fannie Lou Hamer judge raised a constitutional question. Northeast Ohio Arizona Clean Elections Institute Project. I mention that project because We make it crystal clear that we are California Clean Money Campaign I think in a lot of ways—and I hope I simply saying that—it is almost like Campaigns for People, Texas say this the right way because I have consumer law, where we make it clear, Citizen Action of New York such deep love and respect for the hey, there is a Federal standard that Citizen Action of Illinois memory of Fannie Lou Hamer. For col- no State can go below it. But if the Colorado Progressive Coalition leagues who don’t know about her, State of Florida or Minnesota want to Connecticut Citizen Action Group Fannie Lou Hamer was the daughter of do better, they can do so. Democracy South Colleagues, we can do a lot better Equality State Policy Center, Wyoming a sharecropper in Mississippi. There were 14 children in her family, and she when it comes to financing campaigns. Fannie Lou Hamer Project Justice Brandeis was right; the States Florida Consumer Action Network grew up poor. She was one of the great Florida League of Conservation Voters leaders of the civil rights movement. are laboratories of reform, and I chal- Georgia Rural-Urban Summit The reason I mention the Fannie Lou lenge Senators to come to the floor and Global Exchange Hamer Project is that Fannie Lou vote for the proposition that if your Gray Panthers Hamer uttered the immortal words, ‘‘I State wants to apply a full or partial Hawaii Elections Project am so sick and tired of being sick and public financing on a voluntary basis Indiana Alliance for Democracy to congressional races so that the peo- Iowa Citizen Action Network tired.’’ She was talking about economic justice issues. I think the reason ple of Florida, or Connecticut, or Ari- League of United Latin American Citizens zona, or Wisconsin, or Minnesota, or Louisiana Democracy Project the Fannie Lou Hamer Project is one of Lutheran Office for Governmental Affairs— the organizations that is most behind you name it, can feel like, by God, we Evangelical Lutheran Church in America this amendment is that a whole lot of have put together a model program for Maine Citizen Leadership Fund people in the country—and I think this the Nation—we are leading the way— Maryland Campaign for Clean Elections whole issue of campaign finance re- then let them do so. Massachusetts Voters for Clean Elections I am for McCain-Feingold unless it form—when you say it that way, it Michigan Campaign Finance Network gets too weakened. We had this debate doesn’t have passion. It is about civil Midwest States Center yesterday where Senators came to the Minnesota Alliance for Progressive Action rights. I hear colleagues talking about floor and said we were presenting the Missouri Voters for Clean Elections freedom of speech and that more millionaires amendment. Their answer Money in Politics Research Action Project, money is freedom of speech—the more Oregon to the problem of people who have money, the more speech, and then their own wealth and can finance their National Voting Rights Institute some people who have all of this money NETWORK: A Catholic Society Justice own campaigns was to dramatically Lobby use a megaphone to drown everybody raise the spending limits. So now some- New Hampshire Citizen Alliance for Action else out. body can go from $1,000 to $6,000 a year. New Jersey Citizen Action I am all for freedom of speech. I I recited the figure yesterday that one- New Mexico Alliance for Community Em- think the Supreme Court is right, al- quarter of 1 percent of the population powerment though I didn’t agree with the decision contributes $200 or more, and one-ninth New Mexico Progressive Alliance in Buckley v. Valeo. If there was a North Carolina Alliance for Democracy of 1 percent of the population contrib- problem of corruption, that is the time utes $1,000 or more. Now we are raising Northeast Action for reform, they said. If you think the Progressive Leadership Alliance of Nevada it to $6,000. Progressive Maryland standard of a representative democracy Well, if you are worried about the Public Campaign is that each person should count as great advantage the wealthy can- Rainforest Action Network one, and no more, we have violated didates have, then what you want to do Religious Action Center of Reform Judaism that standard. is move toward a system of clean Rural Organizing Project, Oregon I will put this in a civil rights con- money, clean elections. I wish we could San Fernando Valley Alliance for Democ- text for a moment. A lot of people be- pass it at the Federal level. That is racy lieve they don’t have the freedom to be what makes it a more level playing Sierra Club at the table, the freedom to participate South Carolina Progressive Network field. But if we can’t pass it at the Fed- United Methodist Church— in the political process, or the freedom eral level, at the very minimum—and if General Board of Church and Society to run for office; and they don’t have we can’t pass it at the Federal level be- United for a Fair Economy the freedom to be people who can affect cause some of the folks who have such United Vision for Idaho who runs for office because they don’t power can basically block that, so we USAction have the big dollars. have to move along with McCain-Fein- USPirg Honest to goodness, I believe that ul- gold as a first step, fine; but would it Utah Progressive Action Network timately this debate is all about—I Vermont Pirg not make McCain-Feingold stronger to wish I had brought the brilliant speech allow States to move forward if they West Virginia Citizen Action that Bill Moyers gave called ‘‘The Soul West Virginia Peoples’ Election Reform Coa- want to do so? lition of Democracy.’’ This is about the soul I met with some of the legislators Western States Center of democracy. If my father Leon was and some of the candidates, both Wisconsin Citizen Action alive today—the Jewish immigrant I Democrats and Republicans, from the Mr. WELLSTONE. Mr. President, mentioned earlier—he would say this is State of Minnesota, and it was one of these different organizations range all about this wonderful, bold, beau- the most inspiring meetings I have from the national AFL–CIO to tiful experiment we have had in self- had. Oh, God, how I yearned that this AFSCME and SEIU. Also, at the State rule in the United States of America. could be our elections. They were tell- level, there are a lot of different State We don’t want to lose that. We don’t ing me: PAUL, I was an incumbent and organizations, including the California want to have a minidemocracy or a I had the money and I could have beat Clean Money Campaign, Arizona Clean psuedodemocracy, when only certain a challenger, but it wasn’t the right Elections Institute, the Maine Citizen people can run for office, when some thing to do any longer. So I agreed to Leadership Fund, Maryland Campaign people matter a whole lot more than participate in a clean money, clean For Clean Elections, Massachusetts other people, in terms of who can affect election campaign. I felt so much bet- Voters Information Clean Elections, our tenure and who can’t. This be- ter about it. I did the right thing. That Public Campaign, Missouri Voters For comes a justice issue. was a Republican.

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4175 Then you had challengers saying: If other Senators are on their way. I will simply diverts $3 of taxes we already we didn’t have this clean money, clean suggest the absence of a quorum, and I owe to the Presidential election cam- election system, there would be no ask unanimous consent that the time paign funds. It doesn’t add to our tax way, as a challenger, I could have be charged equally to both sides. But I bill. Last year, only about 12 percent of raised the money. This created, more ask those opponents to come to the Americans checked off indicating they or less, a level playing field. floor—we do not want to use up all of wanted to divert $3 of their tax bill Everybody was saying: We had to our time, unless the opponents want to away from children’s nutrition or de- spend less time at these big-dollar throw in the towel right now and vote fense of the Nation or any other worth- fundraisers and less time with cash for this amendment. That would be OK, while cause the Government funds into constituencies and a lot more time too. a fund to pay for buttons and balloons with real constituencies. We could be I yield the floor and suggest the ab- at the national conventions which get at the coffee shops, we could be not sence of a quorum, with the time to be some of the tax money, and the Presi- chasing the big dollars but focusing on charged equally to both sides. dential campaigns, which get some of the big issues. The PRESIDING OFFICER. Without that tax money. Well, Senators, vote for this amend- objection, it is so ordered. The clerk Interestingly enough, this has con- ment and at least let your State lead will call the roll. tinued to drop over the years. It was the way. If they want to pass it in the The legislative clerk proceeded to originally $1 when it was set up back in legislature, or by initiative, or ref- call the roll. the mid-1970s. The high water mark of erendum, however it is done, a law that Mr. DODD. Mr. President, I ask unan- taxpayer participation was 29 percent would apply a voluntary partial, or imous consent that the order for the in 1980. It has gone consistently down some form of public financing, to the quorum call be rescinded. since then. Ten years ago, in order to Senate and House races from States, The PRESIDING OFFICER (Mr. make up for the lack of interest, when let them do so. Let them become the REID). Without objection, it is so or- the other party was in charge of both laboratory of reform. See how the peo- dered. Houses and the White House, the $1 ple like it. You know something. You Mr. DODD. Mr. President, I ask unan- check was upped to $3 so that fewer will be striking a blow not only for imous consent that the distinguished and fewer people could designate more clean money, clean elections, but you Senator from Florida be recognized to and more money to make up for the will also, as my colleague from Con- speak for 5 minutes as in morning busi- lack of public interest in having their necticut pointed out, be consistent ness and that the time not be charged dollars pay for political campaigns. about being a decentralist and letting to the present amendment. In short, with all due respect to the States lead the way if they have a The PRESIDING OFFICER. Without Senator from Minnesota, who has been model program. objection, it is so ordered. The Senator very straightforward about the fact he The third thing you are going to do, from Florida. would like to have taxpayer funding of and I do not know if I should make this (The remarks of Mr. NELSON of Flor- all elections in America, this is not an argument because it may be a reason ida are located in today’s RECORD idea widely applauded by the American people vote against it, but the third is under ‘‘Morning Business.’’) people. In fact, they hate it. Almost you are going to be nurturing and pro- Mr. MCCONNELL. Mr. President, on any way you ask the question, there is moting a lot of grassroots politics at the subject of the Wellstone amend- a negative response. the State level because once people re- ment, if my understanding is correct, I I hope this amendment will be de- alize at the State level they might be believe the Senator from Minnesota al- feated. It certainly takes us in exactly able to achieve this—since it looks like the wrong direction if the idea is to lows each State legislature to deter- we are not there yet, though we are produce a campaign finance reform bill mine whether or not there could be a going to take a good step forward, I out of the Senate which might subse- system of taxpayer funding and spend- hope, with McCain-Feingold—there is quently at some point be signed by the ing limits imposed on Federal elections going to be a wave of grassroots in- President of the United States. I think from that State. volvement where people in the States it is further noteworthy that the Presi- There are a lot of issues we don’t are going to try to win this. And that dential system is collapsing anyway. know much about in terms of public is great. President Bush was able to raise more opinion. But we do have a pretty good I am looking to win this vote. I am money because of his broad support sense of how people feel about having looking for a vote for every reformer. across America and chose not to accept their tax dollars used to elect public Every Senator who says he or she is a the public’s subsidy and the speech re- officials. In a research project in Sep- reformer should vote for this amend- strictions on his campaigns that go ment. I am looking for a vote from tember of 1999, the question was asked: along with that on a State-by-State Democrats. I am looking for a vote Should public funding be provided for basis. from those Senators who voted against all candidates running for Congress? It Another candidate, Steve Forbes, ob- the so-called millionaire amendment was very simply put. The public re- viously because of his own personal because they did not think it was much sponded yes, 25 percent; no, 56 percent; wealth, chose not to take public fund- of a reform to get to the point where not sure, 18 percent. ing. I think that is a trend. I think you you have a contest with someone who The use of the term ‘‘public funding’’ are going to see more and more can- has a lot of resources versus someone produces a better result for the pro- didates for President on both sides of who is dependent on the top 1 percent ponents of taxpayer funding of elec- the aisle deciding they do not want to for their economic resources. I am tions because ‘‘public’’ is presumed to use taxpayer funds for their elections looking for their vote for this. I am be sort of a benign thing producing a because a number of bad things happen looking for support from Democrats positive response. I am unaware of to you once you do that. and Republicans. what the answer would have been had We know that once you opt into the Some of my Republican colleagues the words ‘‘taxpayer funding’’ of elec- system, you are stuck then with all the come from States that have passed tions been inserted, but we do know auditors and all the restrictions. We clean money, clean election legisla- when Americans know it is their tax know one out of four of the dollars tion, a voluntary system at the State money that is being used, it produces a spent in Presidential elections has been level. They are doing it, and they are response sometimes ranking right up spent on lawyers and accountants try- doing it well. Can we not vote for the there with anger. ing to help the candidates comply with proposition that we ought to at least We have an opportunity every April all the rules that come along with it let the people in our States decide? 15 to have the biggest poll on this sub- and of course also telling them how That is all this amendment says. ject ever taken in America. It is the they can get around those rules. If there are colleagues who want to check off on our tax returns which So it is a pretty thoroughly discred- speak, that is fine. I have been told doesn’t add anything to our tax bill. It ited system that I think most Members

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of the Senate are not going to want The PRESIDING OFFICER. The Sen- Mr. MCCONNELL. Mr. President, I carried over to congressional races as ator from Washington. ask unanimous consent a vote occur on well. It is bad enough the Presidential Mr. REID. Will the Senator yield just the Wellstone amendment—on or in re- elections are stuck with it. And of for a unanimous consent request? lation to the Wellstone amendment at course they are ignoring it. Ms. CANTWELL. Yes. 2:30. Issue advocacy was huge in the Presi- Mr. MCCONNELL. Mr. President, Mr. REID. And the time be allo- dential election. One of the reasons after consultation with the assistant cated—— both sides have gone to using issue ads Democratic leader, I ask unanimous Mr. MCCONNELL. The time be allo- is the scarcity of hard dollars, even consent that the vote on the Wellstone cated in the following manner: 12 min- when supplemented with tax dollars in amendment occur at 2:15. utes for Senator KERRY, 5 minutes for the Presidential race, a genuine scar- Mr. KERRY. Reserving the right to Senator CORZINE, 5 minutes for Senator city in terms of the enormous audience object, Mr. President, I would like to WELLSTONE at the end, 5 minutes for you have to reach in America. ascertain how much time remains and Senator CANTWELL—10 minutes for This is a system that simply does not how much time might be available. Senator CANTWELL. allow the candidates for President to Mr. MCCONNELL. If I may finish, I The PRESIDING OFFICER. Is there get out their own message. To give say to my friend from Massachusetts, objection? State legislatures the opportunity to the thought we had was 20 minutes of Mr. MCCONNELL. And 2 minutes be- impose that on us without our will, the time between now and then would fore the vote for the Senator from Ken- without acting at the Federal level, be for your side and 10 for our side. tucky. seems to me a particularly bad idea. I Mr. REID. I think that is about all The PRESIDING OFFICER. Without hope this amendment will not only be the time we have anyway, isn’t it, on objection, it is so ordered. defeated but be soundly defeated. Senator WELLSTONE’s time. The Senator from Washington. I yield the floor and retain the re- Mr. KERRY. How much time remains Ms. CANTWELL. Mr. President, I mainder of my time. on our side? rise today in support of the McCain- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. There re- Feingold campaign finance reform leg- ator from Minnesota. main 21 minutes 52 seconds. islation and the Wellstone amendment. Mr. WELLSTONE. Mr. President, Mr. KERRY. Could I ask for 12 min- I ran for the U.S. Senate because I be- there are two colleagues on the floor, utes? lieve it is time for us to reform our po- and I will just take 1 quick minute to Mr. REID. Senator CANTWELL, I litical system and bring it into the 21st respond. How much time do we have think, indicated she would like 8 min- century. At a time where citizens are left? utes. more empowered than ever with infor- The PRESIDING OFFICER. Just Mr. WELLSTONE. I would like to re- mation, where access to technology under 24 minutes. serve. There are others coming. Unfor- Mr. WELLSTONE. Just under 24 min- and communications tools makes it tunately, when we went into a quorum possible for citizens to track and un- utes. I say to all Senators—or staffs, call, the time was equally divided be- because quite often staffs follow this derstand on a daily basis our legisla- cause we didn’t have people down here. tive progress, and where citizens under- debate as well—it all depends upon how I would like to reserve the last 3 min- you frame the question. Actually, when stand exactly the tug and pull of the utes for myself. legislative process, that is, who is get- you talk to people and say, do you Mr. REID. I say to my friend from want to try to get some of the private ting tugged and who is getting pulled. Minnesota, we have 21 minutes. It is time to respond with a political money out and big dollars out and you Mr. WELLSTONE. Let’s do 10 and 8. system that is more inclusive in the want to have clean money, clean elec- Mr. MCCONNELL. I will be glad to decision process. That meets the best tions where they are your elections and accommodate your side. Senator long term needs of our citizens, instead your government, people are all for it. WELLSTONE wants to speak again, Sen- of a political system of financing cam- It depends on how you frame the ques- ator CANTWELL, Senator KERRY—are paigns that rewards short-term expe- tion. there others? dient decisionmaking. But all the arguments my colleague Mr. REID. Senator CORZINE wanted 5 But before I go on about the from Kentucky made do not apply to minutes. this amendment. Mr. President, 24 Mr. WELLSTONE. You tell me how Wellstone amendment that I rise to States including the State of Kentucky to do that. support, I want to thank the authors of have a system of public financing or Mr. KERRY. Mr. President, I ask the bill, Senators JOHN MCCAIN and partial public financing. They must unanimous consent that, after the Sen- RUSS FEINGOLD, for the commitment, like it. But the point is, we give people ator from Washington, I be permitted determination, courage and persever- in our States the right to decide. That to speak for 10 minutes and we have ance that they have demonstrated on is all this amendment says. the vote at the conclusion of that this issue. Campaign finance reform I made the argument for clean amount of time, and allowing for the has few friends. It has many enemies. money, clean elections. But that is be- time for the use of the Senator from It suffers from a public that simply beside the point. What we are saying is Kentucky as the manager on his side. lieves that we can not reform ourselves let the States be the laboratories of re- Mr. MCCONNELL. What I would like or this system. JOHN MCCAIN and RUSS form and let the people decide—what to do is set a time for the vote in con- FEINGOLD, at great personal expense, they did in Maine, or what they have sultation with the Senators on the have championed this cause for many done in Massachusetts, or what they floor, and we will divide the time after years and I am proud to join them in have done in Arizona, or what they that. the heat of this battle. have done in Vermont, or, for that Mr. KERRY. Mr. President, could I I rise today in support of the matter, what they have done in a lot of suggest perhaps we allow the Senator Wellstone amendment that I am co- other States with partial public financ- from Washington to begin speaking and sponsoring along with Senators ing. Let them decide whether, on a vol- arrange the time? CORZINE and KERRY because I believe it untary basis, they want to apply that Mr. REID. How much time does the will truly start us down the road of to congressional races. That is the Senator need? progress. Progress in allowing clean point. We do not get to make that deci- Mr. KERRY. Mr. President, 12 min- money and clean money efforts to fi- sion for them. You are just voting on utes. nance campaigns. There is almost a the proposition of whether or not you Mr. REID. CORZINE 5 minutes; grassroots effort popping up in many want to let the people in your States WELLSTONE, 5 minutes. States such as Maine, Vermont, Ari- make the decision. Mr. MCCONNELL. CANTWELL? zona, and Massachusetts, and hopefully Mr. President, I yield 10 minutes to Mr. WELLSTONE. Mr. President, 10 with this amendment, in many more the Senator from Washington. minutes. Vote at 2:30. States across our country.

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4177 The clean money effort allows us to Think about that: The time that Why is that? Because it, too, has got- put our political system where it be- Members spend raising money instead ten clogged in this debate and cam- longs—back in the hands of the public, spent listening to the voters in their paign finance reform. Senator making it more accountable for the States. WELLSTONE’s amendment removes the people we represent. This is the polit- We have already learned from the roadblock to exploring new options for ical reform that our country so badly clean money election systems in Maine getting people elected in a new infor- needs. that candidates taking part in that mation age. I support the right of The money we raise from special in- voluntary system have had the fol- States to experiment with new ideas to terests plays a role in politics. It plays lowing things say: help level the playing field and to im- a role in setting the terms of the de- It was easier to recruit candidates to prove our election process and our bate. It plays a role in what issues get run for office. campaign system. placed at the top of the legislative It is what the people want. Thank you, Mr. President. agenda. And, most importantly, it I will only have about half the money Mr. WELLSTONE. Mr. President, I I raised last time but much more time keeps the focus in the wrong place. thank Senator CANTWELL but remind Elizabeth Drew, wrote a book called to talk to the people. her that actually we worked together We have learned that voluntary lim- ‘‘Whatever It Takes,’’ that chronicled on this amendment. It is really our its can work. In his Senate race in 1996, some of the way business and the Con- amendment—the Wellstone-Cantwell- Senator JOHN KERRY and his opponent, gress operate. Paraphrasing her re- Kerry amendment. then-Governor Bill Weld, agreed to a marks, some of the interest groups op- I thank the Senator for her help on voluntary spending limit, and the re- pose legislation because it is the cam- the amendment. sult was a campaign waged largely on el’s nose under the tent. It is some- The PRESIDING OFFICER. The Sen- the issues. Senator KERRY proved there thing they can stop, and so they do. ator from Massachusetts. are incentives for both sides to improve We need a political decision making Mr. KERRY. I thank the Chair. the political discourse. process in Congress in an information Mr. President, let me begin my com- In Arizona, 16 candidates were elect- age where people are brought together, ments by making it as clear as I can and not just met with because we agree ed under the clean money system, including an upset victory over the that I am a strong supporter of the with them. Our failure to act to reduce McCain-Feingold legislation. I have the amount of money in politics is former speaker of the State senate. And the challenger spent only one- had the pleasure of working with both feeding the skepticism and cynicism of them through the years on campaign about politics and government among quarter of the money that his opponent took. finance reform. I want McCain-Fein- our citizens, and particularly our gold to pass the Senate and ultimately youth. In Maine, 49 percent of the State senate candidates won their seats while be signed into law. At a time when we are not far from But let me also make it equally as Internet voting, we ought to have a participating in the clean money pro- clear to my colleagues and all Ameri- system of financing campaigns that en- gram. cans who are focused on and care about courages our citizens to be more in- Overall, States implementing public this issue that what we might achieve, volved. Our citizens believe the current financing have seen more candidates if we pass McCain-Feingold, is only a campaign finance system prevents us run, more contested primaries, more small step towards what we ought to be from acting in their interest. women running for office, and, most We have been through a technology importantly, it is proving that good trying to do in this Congress. The fact revolution in this country, and we have candidates can run winning campaigns is that even if we pass McCain-Fein- to have a governing system, and a cam- and participate in a system that limits gold, all that we would have achieved paign system that will keep pace with spending. is a reduction—it is not all, but it is it. The only way we have to truly level significant and it is important—in the I was reminded in this last cycle— the playing field, both between can- soft money flow to our campaigns going around the State of Washington, didates and parties of opposing through either corporate contributions I met a constituent who wanted to tell ideologies, and more importantly, be- or private contributions. me about a piece of legislation. They tween new candidates and incumbents, Nothing in McCain-Feingold is going turned around to their desktop and is to commit the resources to the proc- to restrain the arms race of fundraising printed off the bill that was being con- ess of getting people elected. in the United States. Nothing in sidered, circled the sections of the bill Not until we create a campaign sys- McCain-Feingold is going to restrain they were most interested in, and said: tem with a shorter and more intensive ultimately the dependency of people in Now tell me why we can’t get this campaign period—something I think Congress to have to go out and ask peo- passed by the U.S. Senate. the public would truly applaud—funded ple for significant amounts of money in I didn’t have to answer this person. with finite and equal resources avail- total—because of amounts of money They knew very well why it was not able to all candidates, will we be able that you can give Federally—hard getting addressed in the Senate. And to really listen carefully to what the money up to the $25,000, which may that is why we need to change our sys- people want. well be lifted in the course of this de- tem. Not until then will we be able to free bate—people who have $20,000, $25,000, I welcome Senator WELLSTONE’s candidates from the time, and the en- or $15,000 to make in a contribution amendment and his recognition that ergy drain that is needed for dialing for will have far more capacity to be able States can be leaders in this area. I dollars. Not until then will we be able to affect Federal campaigns than the hope my colleagues embrace the spirit to improve the quality of political dis- average American citizen. of this amendment and recognize it for course, to play down the dominance of I do not know if my colleagues are what it is—a great opportunity to polls, to render tax-driven negative ads aware of this, but almost all of the soft watch, to see, and to learn from those ineffective, and to remove the appear- money that was contributed in the last experiments that are happening at the ance that political decisionmaking is election cycle for both parties came State level. not based on principle but on the de- from about 800 people. Obviously, those As Senator WELLSTONE said, States pendence on funds. 800 people have the capacity to be able are great laboratories. By letting We can’t in an information age and a to put up larger Federal contributions States that are interested in doing so technology age be smart enough to fig- or match Federal dollar contributions. set up public funding systems for their ure out how to make prescription drugs What the Congress ought to be doing Federal candidates, we will be pro- and new therapies improve the quality and what we ought to be focused on is viding ourselves with valuable research of life and health care and yet not even how to put the greatest distance be- on how we can level the playing field have the debate to make prescription tween each of us in the fundraising and and get the money out of politics. drugs more affordable. create the greatest proximity between

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4178 CONGRESSIONAL RECORD—SENATE March 21, 2001 each of us and the people who vote for offer to its candidates a different way lic money. Why is it that if it is good us or who are asked to vote for us. of getting elected. And if the candidate enough to elect a President of the The Senator from Kentucky said ear- for Federal office wants to take advan- United States, it should not at least be lier in this debate that this amendment tage of that, they may. It does not re- voluntarily available to those who run by Senator WELLSTONE, myself, and quire you, there is no mandate, any for the Senate? Senator CANTWELL is a bad idea be- person in the Senate who wants to go The reason is too many of my col- cause it would tell the States how to out and rely on their amounts of leagues know that might put the oppo- run a Federal election, or it would take money they can raise can do so. But it sition on an equal footing with them. our campaigns—I think was the lan- gives to the State the right to put that Too many of my colleagues are com- guage—and prevent the States from as an offering to those who run. fortable with the system where they somehow living by the rules that the Why is it that we should stand here can use the incumbency to raise the Federal Government has set up or es- and take ownership of the campaign large amounts of money and not allow pouses. Nothing, again, could be fur- away from the people who elect us, and for a fair playing field that enhances ther from the truth. deny them the right to say they would the democracy of this country. First of all, it is not our campaign. It like to see the races for the House and That is why the Senate has more is the voters’ campaign. This election the Senate run by the same standard than 50-percent membership of million- belongs to the voters of each of our that we run our race for Governor and aires—because most people in this States. How presumptuous of us to for our local legislature? country cannot afford to run for the stand here and say we should deny the As I said earlier, nothing in McCain- Senate. That is how our democracy in voters of our States the right to elect Feingold will ultimately resolve the this country is, in fact, distorted. We us the way they might like to elect us. terrible problem of Senators having to do not have a true representation in Moreover, this amendment is purely raise extraordinary sums of money. the so-called upper body of America be- voluntary. No Member of Congress is The reason for that is we are still going cause too many people cannot even compelled to go with the system even to have to go out and raise tens of mil- begin to think about running for office if a State requires it. So it is really lions of dollars, except it will be within this country. only a half preemption. It is a way of out soft money; it will be so-called saying to those 24 States—almost half hard money. Last time I ran in the State of Mas- the States in the Union; among them Let me say to my colleagues, they sachusetts, the Governor of the State, the State of the Senator from Ken- will still—each of them—be completely a Republican, joined with me in put- tucky. They have already adopted subject to the same kinds of questions ting a limit on what we would spend. some form of public financing. Every that exist today about the linkage of We voluntarily agreed to no inde- one of those States has decided they do money and politics. The only way we pendent expenditures. We voluntarily not want special interests governing will ultimately divorce ourselves from agreed to no soft money. We volun- the elections. They want to reduce the that perception which leads most tarily agreed on a total limit of how election process to the simplest con- Americans to believe that this whole much we would spend in our campaign nection between candidate and voter. thing is somehow out of their reach on the ground and in the media. I am pleased to say that ever since I and out of their control, and that it is The result of that was, we had nine 1- ran in 1984—the first time for the Sen- gamed and they cannot really make a hour televised debates. And in the ate—I have been able, thus far, to run difference—the only way you will af- course of those nine 1-hour televised without taking the larger conglom- fect that, ultimately, is to adopt some debates—in the course of all the free erate funds, the PAC money funds. I form of public financing. media—the people in the State were think I am the only Member of the I know the votes are not here today. able to hear a debate about Social Se- Senate who has been elected three I know too many of my colleagues are curity, a debate about Medicare, a de- times without taking PAC money. I am comfortable with the status quo. I bate about health care, a debate about proud of that. That is not because know we cannot win that vote in the the economy; and they ultimately PACs are inherently evil or a bad part Senate today. But that does not mean made a decision. of the process. I think it is fine under we should not put it in the debate. And I say to my colleagues, I warrant the Constitution for people to come to- it does not mean we should not require that 95 percent or 100 percent of the gether and give money jointly through a vote because the real test of whether dollars we spent on paid advertising— a PAC. The problem is, when it is con- or not people want our democracy to which were equal amounts—was a com- glomerated the way it is, in the work is whether or not we are going to plete wash, a mishmash that ulti- amounts that it is, it leaves our fellow do the most we can, in a most reason- mately did not affect the outcome. citizens with the perception that the able way, to separate ourselves from We are hocking the Congress of the system is up for grabs; that the money the fundraising that is so suspect and United States to our fundraising ef- is what controls the elections of our that taints the entire system. forts in order to be able to run paid ad- country. I respectfully suggest to my col- vertisements that result, generally Senator JOHN MCCAIN, in the course leagues that a voluntary system—once speaking, in a clouding of the issues, of his Presidential campaign, elicited again, purely voluntary; no challenge not a shedding of light to people about from his countrymen and women a to the first amendment at all; no man- what these issues are really about. great sympathy for that notion. Part of date whatsoever; no constitutional what propelled that campaign was peo- issue —simply a voluntary system that The only way to stop having Ameri- ple’s conviction they do not get to con- would allow a candidate to go for cans ask about the influence of money trol what happens in the Senate and matching money, in the same way that is to adopt the greatest division be- the House of Representatives, but the we do in the Presidential race, and tween us and the influence of the large money has more control over have done for years—and, I might add, money. And that will come through what happens here than their conglom- contrary to what the Senator from some form of public financing. erate votes they express on election Kentucky said, with great success— I will be speaking more about this in day. even President George W. Bush in the the next few days. I will be offering an What the Wellstone-Kerry-Cantwell general election took the public fund- amendment to this bill that tries to go amendment seeks to do is simply give ing. He ran for President of the United further than what we currently have on a choice to States. If you are a conserv- States with public money. Bob Dole the table. I know the reason Senators ative and you believe in States rights, ran for President of the United States MCCAIN and FEINGOLD have settled here is the ultimate States rights with public money. President George where they are is because this is the amendment because what we are say- Bush first ran with public money. best chance we have for the votes we ing is that a State has the right to President Ronald Reagan ran with pub- have today. But that does not mean the

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4179 Senate should not be called on to de- already been accomplished by a num- As I continued to push for public bate and vote on an issue that ulti- ber of States. Maine, Vermont, Massa- funding of campaigns in 1974, my goal mately will be the only way out of this chusetts, and Arizona have led the was to get rid of special interest morass that we find ourselves in. way, but there are about 24 States in money—money that pollutes the sys- I think my time has expired. the country that have some system of tem and drowns out the voices of ordi- The PRESIDING OFFICER (Ms. public or partial financing. nary persons. Special interest money STABENOW). The Senator’s time has ex- We are not voting today for clean has a tendency to influence anyone pired. money, clean elections. We are just running for public office, or at a min- Mr. KERRY. I thank the Chair and voting on the following proposition: imum, casts that impression that hope my colleagues will support this Will we vote to allow our States, the elected officials are beholden to some- voluntary opportunity that the Sen- people in our States and their elected one other than the American people. ator from Minnesota offers. representatives, the right to decide Public financing also helps to level The PRESIDING OFFICER. The Sen- whether or not a system of voluntary the financial playing field for chal- ator from Minnesota is recognized. partial or full public financing should lengers taking on well established in- Mr. WELLSTONE. Madam President, be applied to U.S. House and Senate cumbents who had virtually all of the do we have, all together, 10 minutes re- races. Why don’t we allow the people in fund-raising muscle. maining? our States the chance to make that de- But again, I encountered a lot of op- The PRESIDING OFFICER. There is cision? position, from colleagues on both sides a total of 20 minutes preceding the This is a Brandeis amendment. of the aisle. A story I know I have told vote. The Senator from Minnesota has States are the laboratories of reform. before: One senior Senator pulled me 5 minutes remaining, and the Senator For Senators who say they want States aside in the cloakroom, and told me from New Jersey has 5 minutes. to decide on the most fundamental core that he had worked hard and earned his Mr. WELLSTONE. I say to my col- issue of all, which has to do with rep- seniority, and he was not going to open league from Massachusetts, if he would resentation, let them decide. If they the door for some challenger to be able like, I will yield an additional 5 min- don’t want to adopt such a system, to raise as much money as he could. He utes to him. I will reserve the final 5 they won’t, but let them decide. basically asked me—I expect when he minutes. We are in complete agree- Secondly, by doing that, we will nur- would tell the story, he didn’t ask me, ment. He is making a very strong ture and provoke a wave of grassroots he told me—to stop what I was doing. statement for clean money, clean elec- citizen involvement because people will In that same year, 1974, I wrote an ar- tions. realize that at their State level not ticle for the Northwestern University Mr. REID. Madam President, if the only can they adopt clean money, clean Law Review, outlining the three prin- Senator will yield, the Senator from elections that affect State races, but cipal reasons that I was pursuing cam- New Jersey is on his way. He has 5 min- they can do it so that it will affect our paign finance reform. First, a political utes. The Senator from Minnesota has races. process that relied totally on private 5 minutes. The rest is under the con- This is simply an amendment that contributions allowed for, at the very trol of the Senator from Kentucky. says: Let the States, our States, make least, the potential of wealthy individ- That was the understanding we had. the decision whether they want to uals and special interest groups exer- Mr. WELLSTONE. I am sorry, I was adopt such a voluntary system of par- cising a disproportionate influence under the impression that the Senator tial or full public financing or clean over the system. from New Jersey would not be able to money, clean elections. Second, such a process meant that make it at all. Senator CORZINE and Senator BIDEN wealthy candidates had an almost in- Mr. REID. He is on his way. are on the floor. I yield the final 6 or 7 surmountable advantage. And third, in- Mr. WELLSTONE. I will take my minutes equally divided between the cumbents had an equally daunting ad- time now. This is a joint effort. There two of them. I yield 3 minutes to the vantage; the system virtually locked are a number of different Senators who Senator from Delaware. them into office. are part of this: Senator CANTWELL The PRESIDING OFFICER. The Sen- We did make some progress in 1974, worked very hard on this, Senator ator from Minnesota has used his 5 largely because of documented abuses KERRY; Senator BIDEN is an original co- minutes. in the 1972 presidential campaign, with sponsor; Senator CORZINE is an original The Senator from Delaware. the passage of Amendments to the Fed- cosponsor; Senator CLINTON is an origi- Mr. BIDEN. Madam President, I eral Election Campaign Act of 1971, nal cosponsor. There are other Sen- thank my colleague from Minnesota, known as the FECA. The 1974 amend- ators as well. Senator WELLSTONE, for bringing this ments, which I supported, established My colleague from Kentucky has amendment to the Senate, and I am the Federal Election Commission to made the argument before—in fact, I pleased to join him in this effort to fi- help ensure proper enforcement of cam- remember debating him on MacNeil, nally break the ice on getting rid of paign laws, and also set the now famil- Lehrer that public financing, a clean special interest money in our cam- iar federal campaign contribution lim- money, clean election bill, which Sen- paigns—once and for all. its of $1,000 for individuals and $5,000 ator Kerry and I have written, would He and I have been at this for a long for political action committees. amount to ‘‘food stamps for politi- time, a very long time. And while I The amendments further established cians.’’ The problem with that argu- support the McCain-Feingold bill, we campaign spending limits and ex- ment is that it presupposes that the have to remember that it only address- panded public financing for presi- election belongs to the politicians. The es a portion of the problems we have. dential campaigns. election belongs to the people we rep- Indeed, the effort to secure real re- Not unexpectedly, the constitu- resent. form of the way we finance political tionality of the 1974 amendments was I argue that McCain-Feingold is a campaigns has been a central concern challenged almost immediately, and step in the right direction, but if we of my entire Senate career, almost the Supreme Court decided the issue in want to have a system that gets out a three decades. In fact, the first Com- its 1976 landmark ruling, Buckley v. lot of the big money, brings people mittee testimony I ever gave as a U.S. Valeo. back in, is not so wired for incumbents, Senator, back in 1973, was to speak in The Court upheld the law’s contribu- and assures that we have a functioning favor of public financing and spending tion limits, but overturned the limits representative democracy where we do limits for campaigns. on expenditures as a too severe restric- live up to the goal of each person And if you think campaign finance tion of political speech. The Court did counting as one, and no more than one, reform is a tough issue today, let me leave open, however, the possibility of frankly, clean money, clean elections tell you, as some of my colleagues well spending limits for publicly financed is the direction in which to go, as has remember, it was truly unpopular then. campaigns—which, so far, despite my

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4180 CONGRESSIONAL RECORD—SENATE March 21, 2001 best efforts, has been limited to presi- We did manage to pass several sig- the Presidential Election Campaign dential campaigns—because the can- nificant pieces of legislation through Fund from $1 to $3. didates could disregard the limits if the Senate, only to have the process The 106th Congress saw no fewer than they rejected the public funds. stalled again in the conference process. 85 campaign finance reform bills intro- There were additional issues in the And as I know many of my colleagues duced, 24 of them in the Senate, includ- case, not directly related to campaign will remember, we even managed to get ing the McCain-Feingold bill that we financing, including a separation of a pretty good bill out of conference and are debating today, as well as the powers question regarding how Com- through both Houses, in 1992—a bill Hagel-Kerrey bill on which hearings missioners to the FEC were appointed. that included voluntary spending lim- were held last spring. In response to the Court’s decision, its in congressional campaigns, in ex- While none of the sweeping reform Congress enacted additional amend- change for certain public funding bene- proposals made it through the last ments to the FECA in 1976, which fits, as well as restrictions on PAC re- Congress, we did take a small but im- again, I supported. One amendment re- ceipts and soft money. portant step, enacting a proposal ini- pealed the spending limits except for But the legislation was vetoed by tially offered by Senator LIEBERMAN publicly financed campaigns; another President George H.W. Bush, and our and later incorporated into an amend- addressed the FEC appointment proce- Senate override vote failed by 57–42. ment he sponsored with Senators dures; and another restricted and regu- When we resubmitted the legislation McCain and Feingold. lated PAC fund-raising. I also sup- the following year, with Senator Boren The legislation, which in virtually ported a third round of refining FECA again as the lead sponsor and with identical form to McCain-Feingold- amendments, which passed in 1979. President Clinton’s support and, in- Lieberman was signed into law by In addition to those successes in the deed, some additional provisions pro- President Clinton last July, addressed 1970s, there were also frustrations. In posed by the White House, the Congres- the problem of so-called ‘‘stealth 1977, I introduced legislation to pro- sional Campaign Spending Limit and PACs,’’ operating under section 527 of hibit the personal use of excess cam- Election Reform Act again got pretty the tax code. paign funds by defeated candidates, by far. Such organizations claimed tax ex- retired or resigned Federal office hold- Just as I had done 20 years before, I empt status, but at the same time also ers, or by the survivors of a deceased testified before the Senate Rules Com- claimed exemption from regulation office holder. The bill was debated on mittee, arguing for public financing as under the FECA. That meant these the floor, but ultimately failed. the only road to true campaign finance stealth PACs could try to influence po- The greater frustrations of the late reform. The bill, with one major com- litical campaigns with undisclosed and 1970s and early 1980s were, first, that promise amendment, passed the Senate unregulated contributions, all tax free. partisan stalemate kept us from mak- 60–38, but a compromise with the House The new law closes that loophole, re- ing additional progress, and second, proved more difficult, and our debate quiring 527 organizations to adhere to that despite our efforts with the FECA ended with a filibuster against appoint- appropriate regulatory and disclosure amendments, individual campaigns and ing conferees. requirements. Again, an important political parties were bypassing the The 104th Congress saw a famous step. laws by taking advantage of loopholes handshake between President Clinton And I hope it is a step that gives us in the regulatory language and system. and the Speaker of the House, Mr. momentum to make further progress in We finally broke the stalemate on re- Gingrich, signaling their ‘‘agreement the 107th Congress. My own legislative form legislation in the Senate, and on in principle’’ to pursue campaign fi- initiatives, throughout my career, have narrowing one of the biggest loopholes, nance reform. And the two major focused on public financing of federal by delineating more specific guidelines sweeping reform bills, which continue campaigns, and I continue to believe for the use of political action commit- to dominate our debates today, were that it is truest course to reform. tees, or PACs, when we passed the born McCain-Feingold in the Senate, But I have been in the past, and will Boren-Goldwater amendment in 1986, and Smith-Meehan-Shays, now known be in our deliberations now, willing and legislation I was proud to cosponsor. as Shays-Meehan, in the House. eager to support other brands of reform This would have reduced PAC contribu- Then in 1997, I again partnered with that offer responsible regulation and tions and put a total limit on the Senator KERRY, as well as Senators close what can, at times, seem like an amount of PAC money a candidate WELLSTONE, Glenn and LEAHY, to intro- endless chain of newly exploited loop- could accept. duce the Clean Money, Clean Elections holes in existing law. But the celebration was short-lived, Act. Our goal, whatever proposal is at and progress on campaign finance re- That proposal would have wiped pri- issue, must be to uphold the public form stalled again, despite our con- vate money out of the campaign sys- trust and to secure public confidence in tinuing efforts to give it a legislative tem almost entirely, by greatly reduc- the integrity of our election process. jump start. ing the limit on individual contribu- We are not entitled to that confidence; With my colleagues, Senator KERRY tions and imposing an additional limit we have to earn it. from Massachusetts and then-Senator for each state. Candidates would have That is no small task, especially hav- Bradley from New Jersey, I offered received public funds and free media ing just emerged from an election that public campaign financing bills in the time, calculated by State size. was not only contentious but expen- 101st, the 102nd and the 103rd Con- Unfortunately, as with so many other sive—the total amount raised just by gresses. proposals directed toward public fi- the two national parties was close to Others among our colleagues were nancing for congressional campaigns, $1.2 billion, a $300 million increase from equally persistent during this era, per- we got no further than a referral to the 1996 election cycle. haps most notably, Senators Boren and committee. And half of that $1.2 billion was so- Mitchell, Senator Danforth and Sen- In recounting this history, I do not called ‘‘soft money,’’ raised and spent ator HOLLINGS, who has proposed a con- mean to sound downtrodden or discour- beyond the reach of federal regulation, stitutional amendment to allow Con- aged. although certainly with the intent of gress to pass legislation setting manda- We have made progress through con- influencing some Federal elections. As tory limits on contributions and ex- gressional action—with the FECA the amounts and creative uses of soft penditures for federal campaigns. I amendments and since 1979, the elimi- money have grown, we must give the have supported that proposal in the nation of honoraria and the ‘‘grand- issue the serious consideration it mer- past, as well as other reforms sug- father clause’’ on the personal use of its, as, I might add, McCain-Feingold gested by the distinguished Senator excess campaign funds, the National does, with its outright ban on soft from South Carolina and other col- Voter Registration Act and the in- money raising and spending in Federal leagues. crease in the tax return checkoff for races.

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4181 In the past, as I’ve attempted to sum- ment means something the Supreme dirty money in the campaign process, marize today, we have made some Court, unfortunately, has decided it to reduce any appearance of impro- progress, but time and time again, we means. The States are the repository of priety on the part of representatives have stopped short of how far we need wisdom to my friends on the other side elected to do the people’s work. Some to go on campaign finance reform. of the aisle, by and large. States have already realized that pub- The amendment offered by Senator We are not going to even allow the lic financing is the necessary next step WELLSTONE today gives us at least a States, if they choose, to set up a fi- in the equation, that public money is chance, for Senate races in some nancing system for elections if all the clean money. However, states find States, to discard the influences of spe- candidates voluntarily agree. If they themselves restrained in enacting a social interests. don’t voluntarily agree, they can’t do lution. Public financing allows candidates to it constitutionally, in my view. Here This amendment will not cost the compete on an equal footing where the we are with even this modest attempt. U.S. Government a penny. It does not merits of their ideas outweigh the size What we are afraid of on this floor is mandate public financing in any way. of their pocketbook. It frees members the public one day waking up and say- In fact, the United States already pro- from the corroding dependence on per- ing: Hey, the emperor has no clothes; vides public support for candidates sonal or family fortune or the gifts of this has been a big sham. Gosh, look at seeking the presidency. And this special interest backers. It ends the this, I didn’t realize this. amendment does not propose to extend need for perpetual fundraising by elect- All they know now is generically the same financing to all Federal can- ed officials. they don’t like the way we do business. didates. Rather it allows States the But above all else, it helps restore All they know now is generically there freedom to offer public financing and a the American people’s faith in our de- is too much money involved in politics. more level playing field for candidates mocracy. In their home States, if they like the seeking Federal office. Do we allow The truth is that campaigns are fi- idea of too much money continuing to States the freedom to determine the nanced by people, and when they are fi- be involved in politics, so be it; they format of their own campaign finance nanced by all the people—not just a can decide that. But if they decide that systems? Or do we allow reform to end small percentage—they will create there is a way to get the big money out with McCain-Feingold, to end with the much better government and will do and a way to make sure every single Congress? the one thing that most needs to be voter in the State has the same say as New Jersey has an excellent public fi- done at this time, and that is to begin any wealthy person, then they might nancing system for gubernatorial can- to restore public confidence in the sys- do this. didates. Allowing the State to extend tem. Either all of America decides who This is so modest, it is almost embar- this system to include Federal can- runs for office, or only a few people. rassing to have to argue for its pas- didates holds a great deal of promise. It’s as simple as that. sage. It is the single most insightful In New Jersey, candidates seeking pub- And if we cannot pass this at the way to understand why what we are lic financing agree to a funding cap Federal level, let’s at least give the doing doesn’t mean much. that keeps pace with inflation. Then, States the chance to do it, as Senator The PRESIDING OFFICER. The time for every dollar raised by the can- WELLSTONE is proposing. The fact is, of the Senator has expired. didate, the State matches him with the States have been leading the way The Senator from New Jersey. two. When all is said and done, the can- when it comes to public financing. Mr. CORZINE. Madam President, I didate has to do one-third of the fund- My home State is now considering rise today in strong support of the raising. Imagine all the additional such a proposal. If candidates can agree Wellstone-Cantwell States’ Rights time you could spend engaging with to spending limits, and choose public amendment. I am proud to be a cospon- voters about the issues that affect financing over special interest money, sor of this amendment which will allow their lives as opposed to overburdened we should not stand in the way of al- States to attempt innovative ap- with fundraising responsibilities. Poli- lowing a state to pursue an avenue of proaches to campaign finance reform ticians can spend less time on the fund- reform that we are reluctant to take on their own initiative. raising circuit and more time on the here in Washington. The McCain-Feingold reform bill campaign trail. The Democratic can- Public financing is the true, com- goes a long way towards reforming the didate for governor, Mayor James prehensive way to reform. While I campaign system. This amendment al- McGreevey, stopped fundraising for the would prefer to enact public financing lows States to go even further. It June primary in January. at the federal level, I nevertheless sup- would allow States to use money from This amendment will allow States port my colleague’s effort to restore their own treasuries, to ensure that like New Jersey to pick up where faith in our electoral process by giving campaigns are funded with clean McCain-Feingold leaves off. It allows States the go ahead. money. Money that is free from the State governments to create a truly Madam President, I don’t understand taint of special interest. level playing field in the States and what my friend from Kentucky gets so As you well know, States have his- serve as examples to the Nation of real- worried about. I know he disagrees torically acted as engines of reform. istic and forward-looking approaches with guys like me and the Senator Some States, including New Jersey, to campaign finance reform. I strongly from Massachusetts about public fi- have adopted strong public financing urge my colleagues to vote for this nancing of elections, which I think is systems allowing candidates a level amendment. the only way we ever clean this up. playing field when seeking statewide The PRESIDING OFFICER. The Sen- This is a simple yet important office. However, when it comes to cam- ator from Kentucky is recognized. amendment. All we are saying is, if paigns for Federal office, these States Mr. MCCONNELL. Madam President, your State decides it wants to put in a hands are tied. According to the Fed- about the only thing more unpopular financing system and if both can- eral Election Campaign Act, Federal than taxpayer funding of elections didates running for office or three can- candidates are not allowed to take part would be a congressional pay raise. The didates running for that office agree to in those financing systems. American people hate, detest, and de- abide by it, then what is the big deal? This amendment is remarkably sim- spise the notion that their tax dollars I find it so fascinating that by and ple. It allows States to extend to Fed- would be used to fund political cam- large my Republican friends talk about eral candidates public funding solu- paigns. We have the biggest survey in States rights so much. They are such tions already available to candidates the history of America on this very great champions of States rights. They seeking State office. subject taken every April 15 when would love the Environmental Protec- The fundamental reason McCain- Americans have an opportunity on tion Agency to be subservient to the Feingold is important is that it holds their income tax returns to check off $3 States. They think the 11th amend- the promise to reduce the amount of of taxes they already owe to divert into

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 4182 CONGRESSIONAL RECORD—SENATE March 21, 2001 the Presidential election campaign sophically, as to whether or not reach- Graham Levin Reid Harkin Lieberman Rockefeller fund. ing into the Treasury—whether the Hollings Mikulski Sarbanes This is not an add-on to their tax Federal or State treasury—and pro- Inouye Murray Stabenow burden. This is $3 in taxes they already viding subsidies for political can- Johnson Nelson (FL) Torricelli owe. They have an option to divert didates is a good idea. We used to call Kennedy Nelson (NE) Wellstone Kerry Reed Wyden that away from children’s nutrition it food stamps for politicians. In the programs, or the national defense, or early nineties, it was called vouchers. NAYS—64 whatever might be considered worth- Candidates were going to get taxpayer- Allard Enzi McCain while, into a fund that has been main- paid vouchers for campaigns—food Allen Feingold McConnell tained since 1976, to pay for the cam- stamps for politicians, for goodness’ Baucus Feinstein Miller paigns for President of the United Bennett Fitzgerald Murkowski sake. Can you imagine how the Amer- Bond Frist Nickles States and to buy buttons and balloons ican people would feel about such an Breaux Gramm Roberts for the national conventions. absurd idea? Brownback Grassley Santorum So we have this massive survey every Bunning Gregg Schumer So I certainly hope the Senate will Burns Hagel April 15 in which Americans get to vote Sessions not go on record as giving to the States Byrd Hatch Shelby on this very issue. The high water Campbell Helms the option to squander tax dollars in Smith (NH) mark of American participation in the Carnahan Hutchinson such an absurd way. I have some opti- Smith (OR) Presidential checkoff was 28.7 percent. Chafee Hutchison mism about the bill we are currently Cochran Inhofe Snowe That was in 1980—about 20 years ago. debating, the McCain-Feingold bill, Collins Jeffords Specter At that time, the high water mark, 28.7 and I am authorized by Senator Conrad Kohl Stevens percent, of Americans were willing to Craig Kyl Thomas MCCAIN to indicate that he intends to divert $1 of the taxes they already Crapo Landrieu Thompson oppose this amendment. He doesn’t DeWine Leahy Thurmond owed into this fund. It has been con- think it would add to the underlying Domenici Lincoln Voinovich sistently tracking down over the years Dorgan Lott bill and go in the direction he would Warner to a point where about 10 years ago the Ensign Lugar like. Congress changed the dollar checkoff So this is one of those rare occasions The amendment (No. 123) was re- to $3, so fewer and fewer people could upon which Senator McCain and I will jected. divert greater and greater amounts of agree on an amendment, and we hope The PRESIDING OFFICER. The Sen- money to try to make up for the short- the overwhelming majority of the Sen- ator from Kentucky. fall that was occurring because of lack Mr. MCCONNELL. Mr. President, I of participation, lack of interest, and ate will agree that authorizing the use move to reconsider the vote. opposition to the Presidential publicly of tax dollars for political campaigns is funded elections. a uniquely bad idea—and already tried. Mr. DODD. I move to lay that motion In the 2000 campaign just completed, We have had a 25-year experiment that on the table. the 2000 Presidential primary, can- has wasted over a billion dollars of tax- The motion to lay on the table was didates were only able to receive a per- payer dollars and funded fringe can- agreed to. centage of the matching funds they didates, including those in jail, and to The PRESIDING OFFICER. The Sen- were due that year, even with three of replicate that in any of our States, it ator from Kentucky. seems to me, is a very bad idea. the Republican candidates—Governor AMENDMENT NO. 134 Bush, Steve Forbes, and Senator I hope Members of the Senate will oppose this amendment which will be Mr. MCCONNELL. The next amend- HATCH—not accepting taxpayer funds. ment is now the Hatch amendment, So they have had a problem, even with voted upon shortly. Are there any other Members who and I see the Senator from Utah is on the $3 checkoff, dealing with keeping the floor. I yield the floor. this fund adequately up to snuff. wish to speak? Now the other thing worthy of notice Mr. WELLSTONE. Madam President, The PRESIDING OFFICER. The Sen- is, even if a State were to set up tax- do we have any time left? ator from Utah. payer funding of the election system, The PRESIDING OFFICER. The Sen- Mr. HATCH. I send an amendment to they could not constitutionally deny ator has consumed all of his time. the desk and ask for its immediate con- this money to fringe and crackpot can- Mr. WELLSTONE. All right. sideration. didates. It is worth noting that over The PRESIDING OFFICER. There The PRESIDING OFFICER. The the history of the taxpayer-funded sys- are 21⁄2 minutes before the vote. clerk will report the amendment. tem for Presidential elections that Mr. MCCONNELL. I am prepared to The senior assistant bill clerk read as began a quarter century ago, taxpayers yield back the remainder of my time. follows: ponied up more than $1 billion overall, Have the yeas and nays been ordered? The Senator from Utah [Mr. HATCH] pro- and $40 million of it has gone to can- The PRESIDING OFFICER. They poses an amendment numbered 134. didates such as Lyndon LaRouche and have not been ordered. Mr. HATCH. I ask unanimous consent Lenora Fulani. Larouche got taxpayer Mr. MCCONNELL. I ask for the yeas the reading of the amendment be dis- money while he was still in jail. and nays. pensed with. It is important for my colleagues to The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without understand that even if a State, with sufficient second? objection, it is so ordered. concurrence of the candidates for Con- There is a sufficient second. The amendment is as follows: gress, decided to set up a taxpayer- The question is on agreeing to the funded scheme for the election for the amendment of the Senator from Min- (Purpose: To strike section 304 and add a pro- Senate in that particular State, there nesota. vision to require disclosure to and consent would be no way, constitutionally, to The clerk will call the roll. by shareholders and members regarding use of funds for political activities) restrict those funds to just the can- The assistant legislative clerk called didates of the Republican Party and the roll. Beginning on page 35, strike line 8 and all the Democratic Party. So you would that follows through page 37, line 14, and in- The result was announced—yeas 36, sert the following: have an opportunity all across America nays 64, as follows: to replicate the system we have had in SEC. 304. DISCLOSURE OF AND CONSENT FOR the Presidential system, where fringe [Rollcall Vote No. 42 Leg.] DISBURSEMENTS OF UNION DUES, YEAS—36 FEES, AND ASSESSMENTS OR COR- and crackpot candidates get money PORATE FUNDS FOR POLITICAL AC- from the Treasury to pay for their Akaka Cantwell Daschle TIVITIES. Bayh Carper Dayton campaigns for office. Biden Cleland Dodd Title III of the Federal Election Campaign I think this is really an issue that Bingaman Clinton Durbin Act of 1971 (2 U.S.C. 431 et seq.) is amended greatly separates many Senators philo- Boxer Corzine Edwards by inserting after section 304 the following:

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.000 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4183 ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF beginning after the end of the election cycle preme Court jurisprudence provides UNION DUES, FEES, AND ASSESS- that is the subject of the report. constructive guides for us in Congress. MENTS OR CORPORATE FUNDS FOR ‘‘(e) DEFINITIONS.—In this section: POLITICAL ACTIVITIES. Political speech is necessarily inter- ‘‘(1) ELECTION CYCLE.—The term ‘election twined with electoral speech, particu- ‘‘(a) DISCLOSURE.—Any corporation or cycle’ means, with respect to an election, the labor organization (including a separate seg- period beginning on the day after the date of larly the right of the people in election regated fund established and maintained by the previous general election for Federal of- cycles to criticize or support their gov- such entity) that makes a disbursement for fice and ending on the date of the next gen- ernment. Indeed, the form of govern- political activity or a contribution or ex- eral election for Federal office. ment established by the Constitution is penditure during an election cycle shall sub- ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- uniquely intertwined with freedom of mit a written report for such cycle— ical activity’ means— speech. The very structure of the Con- ‘‘(1) in the case of a corporation, to each of ‘‘(A) voter registration activity; its shareholders; and stitution itself establishes a represent- ‘‘(B) voter identification or get-out-the- ative democracy, which many observ- ‘‘(2) in the case of a labor organization, to vote activity; each employee within the labor organiza- ‘‘(C) a public communication that refers to ers, including myself, find to be a form tion’s bargaining unit or units; a clearly identified candidate for Federal of- of government that would be meaning- disclosing the portion of the labor organiza- fice and that expressly advocates support for less without freedom to discuss govern- tion’s income from dues, fees, and assess- or opposition to a candidate for Federal of- ment and its policies. ments or the corporation’s funds that was fice; and To get to the heart of the matter expended directly or indirectly for political ‘‘(D) disbursements for television or radio being discussed today, I want to turn activities, contributions, and expenditures broadcast time, print advertising, or polling to the seminal Supreme Court case of during such election cycle. for political activities.’’ Buckley v. Valeo. ‘‘(b) CONSENT.— Mr. HATCH. Madam President, I rise In short, Buckley and its progeny ‘‘(1) PROHIBITION.—Except with the sepa- today to say a few words on the task at rate, prior, written, voluntary authorization stand for the following propositions: (1) of a stockholder, in the case of a corpora- hand, namely reforming our campaign money is speech; that is, electoral con- tion, or an employee within the labor organi- finance laws and doing it within the tributions and expenditures are enti- zation’s bargaining unit or units in the case contours of the First Amendment of tled to First Amendment protection; of a labor organization, it shall be unlawful— our Constitution. I fully appreciate (2) contributions are entitled to less ‘‘(A) for any corporation described in this that the issue of campaign finance is of protection than expenditures because section to use funds from its general treas- growing concern to the American elec- they create the appearance of corrup- ury for the purpose of political activities; or torate and has already played an im- tion or quid pro quos; (3) express advo- ‘‘(B) for any labor organization described portant role in the recent election. And in this section to collect from or assess such cacy is entitled to less deference than employee any dues, initiation fee, or other I commend my colleagues, Senators issue advocacy; (4) corporate donations payment if any part of such dues, fee, or pay- MCCAIN and FEINGOLD for their bold and corporate express advocacy ex- ment will be used for political activities. leadership in an effort to address the penditures may be restricted; (5) polit- ‘‘(2) EFFECT OF AUTHORIZATION.—An author- public perception that our political ical party independent expenditures ization described in paragraph (1) shall re- system may be corrupt. At this time, I may not be restricted at least if not main in effect until revoked and may be re- will simply explain the limitations we connected to a campaign; and (6) revoked at any time. all face in this endeavor. Limitations strictions on soft money are probably ‘‘(c) CONTENTS.— imposed by the cherished First Amend- unconstitutional because soft money ‘‘(1) IN GENERAL.—The report submitted under subsection (a) shall disclose informa- ment of our constitution. During the does not create the same problem of tion regarding the dues, fees, and assess- course of the coming days, I will more corruption from quid pro quos that ments spent at each level of the labor orga- specifically address the underlying leg- contributions bring. I will explain nization and by each international, national, islation, and where in my analysis of these further. State, and local component or council, and the law it falls short of meeting mini- To understand why certain recent each affiliate of the labor organization and mal constitutional requirements. campaign finance reform measures, information on funds of a corporation spent There are some bright lines drawn by such as the well-intentioned McCain- by each subsidiary of such corporation show- the Supreme Court on this issue and I Feingold bill, infringe on free speech ing the amount of dues, fees, and assessments or corporate funds disbursed in the will get to that. and free elections, it is necessary to following categories: The Founders of our country cer- survey the Supreme Court’s decisions ‘‘(A) Direct activities, such as cash con- tainly understood the link between free on campaign finance reform and the tributions to candidates and committees of elections and liberty. Representative problems it brings to free speech. The political parties. government—with the consent of the granddaddy of these cases is Buckley v. ‘‘(B) Internal and external communications people registered in periodic elec- Valeo, 424 U.S. 1 (1976). Buckley estab- relating to specific candidates, political tions—was—to these prescient leaders lished the free speech paradigm in causes, and committees of political parties. of the new nation—the primary protec- which to weigh the competing cam- ‘‘(C) Internal disbursements by the labor organization or corporation to maintain, option of natural or fundamental rights. paign reform proposals. erate, and solicit contributions for a sepa- As Thomas Jefferson put it in the Dec- As my colleagues know well, two dec- rate segregated fund. laration of Independence, to secure ades ago, in the wake of the Watergate ‘‘(D) Voter registration drives, State and rights ‘‘Governments are instituted scandal, Congress passed the Federal precinct organizing on behalf of candidates among Men’’ and must derive ‘‘their Election Campaign Act, or FECA. The and committees of political parties, and get- just Powers from the Consent of the Act imposed a comprehensive scheme out-the-vote campaigns. Governed.’’ of limitations on the amount of money ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For That freedom of speech and press was that can be given and spent in political each of the categories of information described in a subparagraph of paragraph (1), considered by Madison to be vital in as- campaigns. FECA capped contributions the report shall identify the candidate for suring that the electorate receives ac- made to candidates and their cam- public office on whose behalf disbursements curate information about political can- paigns, as well as expenditures made to were made or the political cause or purpose didates was demonstrated by his vehe- effect public issues, including those for which the disbursements were made. ment arguments against the Alien and that arise in a campaign. The Act also ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— Sedition Acts in 1800. The Sedition Act, required public disclosure of money The report under subsection (a) shall also of course, in effect, made it a crime to raised and spent in federal elections. list all contributions or expenditures made criticize government or government of- The Supreme Court in Buckley by separated segregated funds established upheld against a First Amendment and maintained by each labor organization ficials. Its passage was a black mark on or corporation. our history. challenge the limitation on contribu- ‘‘(d) TIME TO MAKE REPORTS.—A report re- Although the exact meaning or pa- tions but not the limitations on ex- quired under subsection (a) shall be sub- rameters of the First Amendment are penditures. The Court reasoned that mitted not later than January 30 of the year not clear, a thorough reading of Su- contributions implicated only limited

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4184 CONGRESSIONAL RECORD—SENATE March 21, 2001 free speech interests because contribu- the result of limiting the amount and Bellotti did not involve restrictions tions merely facilitated the speech of effectiveness of speech. Let me borrow on corporate donations to candidates. others, i.e., candidates. Crucial to the Professor Sullivan’s example of a law The Court distinguished between por- Court’s analysis was its belief that lim- restricting the retail price of a book to tions of the law ‘‘prohibiting or limiting contributions was a legitimate no more than twenty dollars. To Jus- iting corporate contributions to polit- governmental interest in preventing tice Steven such a law is about money ical candidates or committees, or other ‘‘corruption’’ or the ‘‘appearance of and not about a particular book. But means of influencing candidate elec- corruption’’ because such limitations does not such a law limit the amount tions’’—which were not challenged— would help prevent any single donor and effectiveness of speech because it and provisions ‘‘prohibiting contribu- from gaining a disproportionate influ- creates a disincentive to write and pub- tions and expenditures for the purpose ence with the elected official—the so- lish such books. The Supreme Court of influencing . . . questions submitted called ‘‘quid pro quo’’ effect. A similar has, as Professor Sullivan pointed out, to voters,’’ i.e., issue advocacy. The interest justified mandatory public dis- repeatedly held that financial disincen- Court explained that the concern that closure of political contributions above tives to specific content-based speech, justified the former ‘‘was the problem minimal amounts. just as much as direct prohibitions on of corruption of elected representatives But Buckley reasoned that expendi- such speech, trigger strict First through creation of political debts’’ tures of money by the candidate or Amendment review. and that the latter ‘‘presents no com- others outside the campaign did not And I must emphasize that restric- parable problem’’ because it involved implicate the same governmental in- tions on campaign contributions and contributions and expenditures that terests because expenditures relate di- expenditures cannot be justified as con- would be used for issue advocacy rather rectly to free speech and are less likely tent neutral regulation. The Buckley than communication that expressly ad- to exert a quid pro quo. Therefore, to Court rejected the example given by vocate the election or defeat of a can- the Court, limitations on expenditures defenders of the regulations at hand didate. could not be justified on any anti-cor- that spending and contribution limits In Citizens Against Rent Control/Co- ruption rationale. Nor could they be are similar to limiting the decibel level alition for Fair Housing v. Berkeley, justified by a theory—popular in rad- on a sound truck and do not stop the the Court once again gave full panoply ical circles—that limitations on ex- truck from broadcasting. The Court re- of protection to expenditures linked to penditures, particularly on the wealthy jected that analogy because, to the communication of ideas. In this case or powerful, equalize relative speaking Court, decibel limits aim at protecting the Court invalidated a city ordinance power and ensure that the voices of the the eardrums of the closest listener, that limited to $250 contributions to masses will be heard. not at preventing the sound truck from committees formed solely to support or The Court viewed such governmental reaching a larger audience. To the oppose ballot measures submitted to attempts at balance as an abomination Court, unlike decibel limits, limits on popular vote. The Court held that it is to free speech and held that this jus- campaign expenditures and contribu- an impairment of freedom of expres- tification for restraints on expendi- tions do restrict the communicative ef- sion to place limits on contributions tures was ‘‘wholly foreign to the First fectiveness of speech. The Court was which in turn directly limit expendi- Amendment.’’ It seems to me that such right. tures used to communicate political ‘‘balance’’ is, in reality, a form of sup- Buckley’s other key underpinning is ideas, without a showing of the ‘‘cor- pression of certain viewpoints, a posi- its ‘‘strict scrutiny″ justification of the ruption’’ element laid out in Buckley. tion that flies in the face of Justice restrictions on direct contributions to In Federal Election Commission v. Holmes’ notion that the First Amend- campaigns as needed to combat ‘‘cor- National Conservative Political Action ment prohibits suppression of ideas be- ruption’’ and the ‘‘appearance of cor- Committee, the Court once again relied cause truth can only be determined in ruption’’—in other words ‘‘quid pro on Buckley’s distinction between ex- the ‘‘marketplace’’ of competing ideas. quo’’ exchanges. This has been criti- penditures and contributions, with the Significantly, the Supreme Court in cized by the congressional reformers former receiving full first amendment Buckley held that any campaign fi- not as over-inclusive, but ironically as protection. The Court invalidated a nance limitations apply only to ‘‘com- under-inclusive. I believe the under- section of the Presidential Election munications that in express terms ad- lying bill goes much further than Campaign Fund Act which made it a vocate the election or defeat of a clear- Buckley. criminal offense for an independent po- ly identified candidate for federal of- If Buckley v. Valeo established the litical committee or PAC to spend fice.’’ As we have heard before, a foot- skeleton of First Amendment protec- more than $1000 to further the election note to the opinion elaborated on what tion of the electoral process from oner- of a Presidential candidate who elects has later been termed ‘‘express advo- ous regulation, Buckley’s progeny to receive public funding. The Court cacy.’’ To the Court, communications filled in the flesh. Let me mention a held that the PAC’s independent ex- that fall under FECA’s purview must few of the main cases. penditures were constitutionally pro- contain ‘‘magic words’’ like ‘‘vote for’’ In First National Bank v. Bellotti, tected because they ‘‘produce speech at or ‘‘elect’’ or ‘‘support’’ or ‘‘Smith for decided in 1978, the Supreme Court re- the core of the first amendment.’’ Congress’’ or ‘‘vote against’’ or ‘‘de- affirmed its view in Buckley that ex- One year later, in Federal Election feat’’ or ‘‘reject.’’ Communications penditures for issues are directly re- Commission v. Massachusetts Citizens without these electoral advocacy terms lated to expression of political ideas for Life, Inc., decided in 1986, the Su- have subsequently almost always been and are, thus, on a higher plane of con- preme Court clarified the distinction classified by courts as ‘‘issue advo- stitutional values requiring the strict- between issue and express advocacy, cacy’’ entitled to full First Amendment est of scrutiny. Bellotti found a Massa- holding that an expenditure must con- strict scrutiny protection. chusetts law that prohibited ‘‘corpora- stitute express advocacy in order to be One important underpinning of the tions from making contributions or ex- subject to FECA’s prohibition against Buckley Court’s view of the relation- penditures for the purpose of . . . influ- the use of corporate treasury funds to ship between the freedom of speech and encing or affecting the vote on any make an expenditure ‘‘in connection elections is that money equates with question submitted to the voters’’ un- with’’ any Federal election. In this speech. The Court in a fit of prag- constitutional because it infringed case, the Court held that a publication matism recognized that effective both (1) the First Amendment right of urging voters to vote for ‘‘pro-life’’ speech requires money in the market the corporations to engage in issue ad- candidates, that the publication identi- place to compete. vocacy and, (2) the First Amendment fied, fell into the category of express But beyond looking at the purpose of right of citizens to ‘‘public access to advocacy. But the Court refused to campaign finance laws, it is clear that discussion, debate, and the dissemina- apply FECA’s prohibition in this case restrictions on political spending have tion of information and ideas.’’ to MCFL—Massachusetts Citizens for

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4185 Life, Inc.—because the organization did not address the issues of inde- speech is likewise not censorship, but was not a business organization. The pendent expenditures, issue advocacy, more noncorporate speech. Court noted that ‘‘[g]roups such as or soft money expenditures. It should be obvious that in the elec- MCFL . . . do not pose . . . danger of As I noted at the outset, Buckley and toral sphere the wealthy and powerful corruption. MCFL was formed to dis- its progeny stand for the following have no monopoly over speech. This is seminate political ideas, not to amass propositions: No. 1, money is speech; not analogous to Turner Broadcasting capital.’’ that is, electoral contributions and ex- System, Inc. v. FCC, where the Court Just 5 years ago, the Supreme Court, penditures are entitled to first amend- in part upheld the congressional re- in Colorado Republican Federal Cam- ment protection; No. 2, contributions quirement that cable operators carry a paign Committee v. FEC addressed the are entitled to less protection than ex- certain percentage of local broad- issue of whether party ‘‘hard money’’ penditures because they create the ap- casting of local programs on their lines used to purchase an advertising cam- pearance of corruption or quid pro because cables’ monopoly power paign attacking the other party’s like- quos; No. 3, express advocacy is enti- choked the broadcast competitors. Un- ly candidate, but uncoordinated with tled to less deference than issue advo- like the open access rule in that case, its own party’s nominee’s campaign, cacy; No. 4, corporate donations and limitations on contributions offer no fell within FECA’s restrictions on corporate express advocacy expendi- guarantee that the market power of party expenditures. A fractured Court tures may be restricted; No. 5, political speech will be redistributed from the agreed that applying FECA’s restric- party independent expenditures may wealthy to the poor. Such spending tion to the expenditures in question not be restricted at least if not con- limits will not stop wealthy candidates violated the first amendment. nected to a campaign; and, No. 6, re- like Ross Perot from spending personal A plurality of the Court—Justices strictions on soft money are probably wealth or the rich from influencing Breyer, O’Connor, and Souter—based unconstitutional because soft money mass media through direct ownership their holding on the theory that the does not create the same problem of or through the purchase of advertise- expenditure at hand had to be treated corruption from quid pro quos that ments. Surely, no one would advocate as an independent expenditure entitled contributions bring. that we attach an income test to the to first amendment protection, not as a I am concerned that the practical re- first amendment. ‘‘coordinated’’ expenditure or express sult of the limitation on contributions The wealthy will always have sub- advocacy, which may be restricted. It is that candidates must seek contribu- stitutes for electoral speech. Moreover, is significant to note that Justice tions from a larger set of donors. This the success of the labor unions and vol- Thomas, joined by Chief Justice means that candidates are spending a untary associations as competitors in Rehnquist and Justice Scalia, con- greater amount of time raising money the market place of ideas demonstrate curred in the judgment, but would than would otherwise be the case. This that limitations on contributions from abolish Buckley’s distinction between is aggravated by the need for a lot of the wealthy and on corporate speech protected expenditures and unpro- money in general to compete in Amer- are unnecessary. tected contributions, believing that ican elections, given our large elec- In my view, a far better, though, ad- both implicated core expression central toral districts, statewide elections, and mittedly not perfect, solution—one to the first amendment. weak political parties, which require that I believe is both workable and is As a plurality of the Court noted, be- candidates to fund direct communica- consistent with the dictates of the first cause any soft money used to fund a tions to the electorate. The rising costs amendment—is a campaign system Federal campaign must comport with of elections are further aggravated by that requires complete disclosure of the contribution limits already in the rising importance of expensive tel- funds contributed to candidates or used place, soft money does not result in the evision advertising and the use of polit- to finance express advocacy by inde- actuality or the appearance of quid pro ical consultants, with their reliance on pendent associations, political parties, quo ‘‘corruption’’ warranting intru- polling and focus groups. Elections corporations, unions, or individual in sions on core free speech protected by have become a money chase. connection with an election. the first amendment. In any event, it is Ironically, this is the major com- A system of complete disclosure my view that such soft money activi- plaint of the reformers. Their initial would bring the disinfectant of sun- ties such as voter registration drives, FECA reforms have caused the prob- shine to the system. The Democrats voter identification, and get-out-the- lems they are now complaining about. will audit the Republicans and the Re- vote drives, as well as communication First, PAC money, and now soft publicans will scrutinize the Demo- with voters that do not fall within ex- money, are the result of limitations on crats. And outside public interest press advocacy, are protected by the contributions. Let’s not kid ourselves. groups and the media will police both. first amendment’s freedom of associa- Like pressurized gas, money will al- The winner will be the public. They tion—the right to freely associate with ways find a crevice of escape. In other will be able to make their own assess- a party, union, or association—as well words, money will always find a loop- ments. As I have said before, one man’s as by free speech. hole. All that the FECA and courts greedy special interest is another Finally, there is the very recent case have accomplished is to encourage the man’s organization fighting for truth of Nixon, just last year. I remember substitution of contributions to can- and justice. that when this case was decided, pro- didates for contributions and expendi- To the extent that our campaign fi- ponents of so-called campaign finance tures made to and by organizations nance laws require updating, we need reform gloated that this case supported such as political parties or advocacy to find a constitutionally sound man- their positions. In my view, all the case groups. These organizations are less ac- ner of doing so. We need to proceed did was extend Buckley’s restrictions countable to the voter. The net result with care and caution when acting on on contributions to State campaign fi- is the growth of yet another huge gov- legislation that would have the impact nance laws. The Court rejected a chal- ernment bureaucracy to police an in- of regulating freedom or of placing lenge to Missouri’s contribution re- herently unworkable scheme. government at the center of deter- striction as too limited because it did Furthermore, if one believes, as I do, mining what is acceptable election not take into account inflation. The the efficacy of Justice Holmes’ free speech and what is not. And, we need to Court held that Buckley demonstrated speech model of a ‘‘marketplace of pass legislation that, above all, keeps the dangers of corruption stemming competing ideas,’’ it is impermissible the power of American elections where from contributions and that there was to drown out or even ban corporate it rightfully belongs—in the hands of sufficient evidence in the record to speech or the speech of the wealthy, as the voters themselves. support the conclusion that Missouri’s some advocate. If the remedy for ‘‘bad’’ Let me again commend my friends, campaign contribution limit addressed speech is not censorship, but ‘‘more’’ Senators MCCAIN and FEINGOLD, for the appearance of corruption. The case speech, then the remedy for corporate their leadership on this issue. Without

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4186 CONGRESSIONAL RECORD—SENATE March 21, 2001 their efforts and tenacity and pushing Individuals who belong to or are rep- National Commerce Act of 1999—better this issue, we probably would not be resented by labor unions financially known as the Digital Signature Act— discussing this important matter. They commit themselves to causes and can- legalized digital electronic contracts. deserve a lot of credit. Even though I didates that may be completely against The act allows an individual to enter disagree and have done so very pub- their own. We force individuals to sub- into a binding contract without ever licly, I still have a lot of respect for my vert their rights of political expression having to leave the comfort of his two colleagues. to those of the unions. home through the use of a so-called It is important to publicly air these My amendment is quite simple and digital signature. issues, especially given the unfortunate straightforward. It has two parts: Part When the Digital Signature Act was perception of the problems in Wash- one requires a labor organization to ob- first introduced, many of my Demo- ington. tain ‘‘separate, prior, written, vol- cratic colleagues had serious reserva- We can achieve needed reform here. untary authorization’’ before assessing tions about it. They argued that the Such reform lies in expanded disclo- ‘‘any dues initiation fee, or other pay- bill lacked basic, but extremely impor- sures. With free and open disclosure of ment if any part of such dues, fee, or tant, consumer protection provisions. contributions, the public will be fully other payment will be used for polit- They argued that the bill must include able to decide for itself what is legiti- ical activities’’. Part two requires that effective consumer consent provisions. mate. I look forward to helping my col- a labor organization disclose to its Critics of the bill worried that an leagues in achieving reforms that will membership how it has allocated and unsuspecting consumer might receive be constitutional and effective. spent the portion of a members or non- an unsolicited e-mail with the inclu- Today, I rise to introduce an amend- members dues and fees that went to po- sion of an electronic signature there- ment as a substitute to section 304 of litical activity. fore making the contract legally en- the McCain/Feingold campaign finance Nothing can be more fair than to in- forceable. To prevent this sort of un- reform bill of 2001. form working men and women which wanted solicitation of business, many Thomas Jefferson, in 1779, wrote that causes they are supporting. It is just of my Democratic colleagues advocated ‘‘to compel a man to furnish contribu- that simple. that a consumer must first consent to tions of money for the propagation of Let me also point out to my col- receive the contract electronically. opinions which he disbelieves and ab- leagues that this amendment also cov- My amendment seeks to extend simi- hors, is sinful and tyrannical.’’ That ers individuals who are shareholders in lar rights to workers that the Digital was true then, and it remains true a corporation. It requires that a cor- Signature Act granted consumers. We today. poration gain prior consent from its should allow workers the same funda- As I will discuss later, section 304 of shareholders before spending resources mental rights that my Democratic col- the McCain-Feingold bill that purports from the corporation’s general treas- leagues demanded be granted to indi- to be a ‘‘Beck’’ fix is wholly inad- ury on political activity. It also re- viduals who enter in a contact over the equate. Thus, I rise today to protect quires that a corporation disclose to its Internet. the rights of working men and women shareholders which political activity it We must allow America’s working in this country to be able to decide for contributes to. This amendment places men and women these very funda- themselves which political causes they corporations and labor organizations mental rights. American workers wish to support. on equal ground and levels the playing should have the right to have meaning- Some will choose to make this a field. ful and informed consent over the ex- complicated issue by arguing the intri- I feel that it is important to note penditure of their dues, fees, or pay- cacies of the Supreme Court Case, that there is a fundamental difference ment made to their union. Without Communications Workers of America between the compulsory way that a these rights we are in essence creating v. Beck, but it is really quite straight labor organization assesses its dues and different classes of society—those who forward—it’s about fairness. In certain fees from members and nonmembers are free to determine which political states, as a condition of employment, and the completely voluntary manner groups they will support and those who there are requirements to join or pay a shareholder opts into purchasing are not. dues to a labor organization. Let me stock. But in past debates, my col- I hope that my colleagues will agree make clear at the outset that I am a leagues from the other side of the aisle with me that the standards for mean- strong supporter of collective bar- have cried foul and claimed that treat- ingful and informed consent we ex- gaining when employees voluntarily ing labor and corporations differently tended to consumers under the Digital choose to be represented by a labor or- wasn’t fair. Well we now have an Signature Act must also be provided to ganization. amendment that takes care of that workers and shareholders. We must But I seriously doubt that even one particular concern. allow workers to consent to the use of of my colleagues would suggest that It is simply imperative and pretty their union dues on any expenditures the Government should force any basic that union should obtain consent other than collective bargaining, con- American to speak in favor of causes in to use the funds they receive prior to tract administration, or grievance. which he or she does not believe. Yet, any use other than for collective bar- This consent must be provided in a we as Members of the U.S. Senate, cur- gaining, contract administration, or manner that verifies the workers or rently stand by and allow our friends grievance adjustment. After all, if con- shareholder’s capacity to access clear and constituents to be forced into sent is to mean anything, then it must and conspicuous information of their speech because of their compulsory fi- be received before the money is spent. rights, receive regular disclosures of nancial relationship with a union. After the fact is simply too late and these expenditures, and maintain the I would like to know which of my means no consent was given for the right to revoke their consent at any colleagues would support any provision ‘‘activity.’’ Let me state it again be- time. of law that would mandate an individ- cause I think this fact is vital to cre- Let me pause to ask a couple of ques- ual’s financial involvement in a prac- ating a fair and meaningful fix to this tions. If your friend wants to borrow tice that was fundamentally at vari- problem—effective consent must be your car, shouldn’t he ask beforehand? ance with their own beliefs. I dare say given before the funds are used. If he doesn’t, then it’s a crime. that there would not be many Members My amendment is a commonsense so- Wouldn’t it be odd to have a system in from either side of the aisle who would lution to an important problem perti- place that requires you to lend the car advocate the arbitrary usurpation of nent to the lives of many Americans. and then file a form for its return? Why fundamental freedoms like that of The solution—consent before spending. should the unions be allowed to take speech. But this is exactly what hap- I said that real consent is prior con- from the people who pay dues without pens to our union members and dues sent. Let me give you an example. The getting their consent first? By adopt- paying non-members. Electronic Signatures in Global and ing this amendment, we can help all

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4187 Americans. It is fairer and more equi- be permitted to object to use of the tage that may flow to one party, or one table to obtain consent before the dues portion of their dues spent only for Senator or another, as a result of this are spent. That is the right way of ‘‘political purposes unrelated to collec- bill. What I say about that argument is doing things. tive bargaining.’’ This difference might that thirty years from now, the Amer- Unions have the right, like any other sound subtle but is anything but. ican people will not judge what we do organization, to spend the dues and Mr. President, my amendment is a in these 2 weeks based upon some tran- fees it collects for purposes such as modest measure of fundamental fair- sitory, strategic advantage that one campaigns, issue ads, and a host of ad- ness. It embodies a very simple con- party or another may gain as a result ditional political and other activities. I cept—fairness. American’s men and of the McCain-Feingold bill. Instead, support their right. What is dis- women work hard every day. They they are going to judge us based on concerting about the current situation have earned the right to know how what we did for our Government, for is that many employees who are effec- their money is being spent for certain our democracy, and what we did to tively forced to pay dues and fees may political purposes, causes, and activi- allow voters, ordinary Americans, to disagree with the positions taken and ties. The disclosure and second part of once again believe they have some not wish to support them. this amendment does nothing more ownership in this democracy. That ul- Now some have suggested that sec- than require a report by labor organi- timately is what it is all about. tion 304 takes care of the so called zations to be filed with the Federal I say to colleagues, both Democrats Beck problems and codifies Beck. Election Commission and given to and Republicans, that whatever in the Unfortunately, the proposed section workers represented by unions, show- long term is good for our democracy is 304 of the McCain-Feingold bill does ing how much of their union dues and good for either the Democratic or the not require prior consent. Nor does it fees are being spent on the political Republican Party. I think that is the codify the Beck decision, as it purports process. test we should use in making judg- to do. Section 304 is far narrower than I have to say that this amendment ments about what ought to be done. During the course of my time in the the holding in Beck. The Supreme does not impose overly burdensome or Senate, I have held many townhall Court clearly held in Beck that any ex- onerous requirements on the unions. meetings around North Carolina, and penditures outside of collective bar- This is basic information, and it should over and over I hear the same refrain— gaining, contract administration, or be freely provided. I cannot believe folks believe that they no longer have grievance adjustment must be returned that the union leadership have a legiti- a voice in their own democracy and, as to the non-union employee upon re- mate interest in keeping secret what a result, they don’t feel any ownership quest of the objecting employee. How- political causes and activities em- in this Government. So Washington is ever, section 304 only prohibits unions ployee dues and fees are being spent to some faraway place, and they don’t from using non-union employee dues support. If employees learn how their think they do anything to help them. for ‘‘political activities unrelated to money is being spent in the political They think it is just some bureaucratic collective bargaining’’—an ambiguous process, unions will enjoy an even institution that has nothing to do with phrase that is not defined in that sec- greater confidence level in their deci- their day-to-day lives. More important, tion. sion making. they feel impotent to do anything Because section 304 is so narrowly With the addition of this amendment about it. drafted, it would allow unions to use to the McCain-Feingold bill we will en- The folks I grew up with in non-union dues for soft money non-col- sure that every American is treated smalltown North Carolina, oddly lective bargaining expenditures, such equally under the law and extended the enough, think if somebody writes a as get-out-the-vote campaigns and rights and freedoms that are funda- $300,000 or $500,000 check to a political other political activities, by simply mental under the Constitution. I urge party, or for a particular election, avoiding the label ‘‘political.’’ By my colleagues to thoughtfully consider when they go to the polls and vote, masquerading the activity as one for this amendment and vote for its pas- their voices will not be equally heard. ‘‘educational purposes,’’ a union could sage. I think that is just good common use dues for blatantly political activi- I reserve the remainder of any time I sense, and there is a reason people ties such as informing union members may have remaining. think that way. This is an issue we on what pro-union stand political can- The PRESIDING OFFICER (Mr. need to do something about. A lot of it didates take. CRAPO). Who yields time? is perception but perception matters. It Again, I recognize the unions’ right Mr. DODD. I yield 10 minutes to the really matters when people believe this to engage in any political activity that distinguished Senator from North isn’t their Government. It is their de- they find appropriate. The more polit- Carolina, Mr. EDWARDS. mocracy; it belongs to them, not to ical speech the better as far as I’m con- The PRESIDING OFFICER. The Sen- some special interest group, and not to cerned. But, we need to protect the ator from North Carolina is recognized. the people who are up here rep- fundamental right of the workers to Mr. EDWARDS. Mr. President, I rise resenting them. In fact, it belongs to know that activities and what type of today to voice my strong support for the American people. issues their money is being used for, the McCain-Feingold bill, to add my A couple of examples, Mr. President: and the ability for them to decide if encouragement and praise for all the We are in the process right now of try- they wish to support the activity. hard work done by Senators MCCAIN ing to pass an HMO reform bill. Sen- Mr. President, the American worker and FEINGOLD, and to say how impor- ator MCCAIN, Senator KENNEDY, and I, faces a hidden tax at just the moment tant this issue is to our democracy, to and Congressmen NORWOOD, DINGELL, the worker cannot afford it. And the our Government, and to the American and GANSKE on the House side have in- American worker has less say in where people. troduced the same bill. Our legislation, his money goes to than just about any I would not presume to suggest to my which provides basic patient protection group. In fact, an argument can be colleagues who serve with me in the rights to every single American who is made that section 304 of the McCain- Senate that I have any more knowl- covered by insurance or HMOs, is sup- Feingold bill actually does the exact edge about the way the political fi- ported by every health insurance group opposite of what its intentions are. nancing system in this country works that has been fighting for patient pro- Under current law, dues paying non than they do. They are all experts at tection for the last 5 years. The only members may object to the use of por- it. What I say is that this debate is not people we have been able to identify on tion of their dues that is spent for pur- about us. Instead, it is about the people the other side are the big HMOs and in- poses other than or non-essential to we were sent here to represent. surance companies. collective bargaining. If the McCain- I have heard, both in the media and Unfortunately, the big HMOs and in- Feingold bill were to pass, those same in the course of the debate, lots of dis- surance companies are very well rep- dues-paying-non-members would only cussion about some strategic advan- resented in Washington, and their

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4188 CONGRESSIONAL RECORD—SENATE March 21, 2001 voice is heard loudly and clearly. It is in Washington. It is not about the peo- The PRESIDING OFFICER. The Sen- really important for the voice of the ple in this Congress. It is about the ator from Arizona. American people to be heard on issues people we were sent to represent. We Mr. MCCAIN. Mr. President, I thank such as basic patient rights. Then I need to be able to say 20, 30 years from Senator HATCH for a valiant attempt at read in the newspaper today that at now when we are not around anymore— trying to balance this problem about least it appears there is going to be at least some of us will not be around so-called paycheck protection and cor- some pulling back of the regulation of anymore—we need to be able to say to porations. Unfortunately, he is not arsenic in drinking water. These are our children and our families that we having any more success than we did the kinds of things that, when folks did the right thing; we did what was when we attempted to try to strike around the country see them, cause best for the country, and we did what that balance as well. them concern, and they particularly was best for the democracy. The bill, very briefly, strikes our cause concern—even though they may We will talk about this issue later, codification of the Beck provision. It not see a direct relationship—they par- but it is also clear that Snowe-Jeffords, has no regulatory mechanism, and it ticularly cause them to be worried under the constitutional test estab- has no methodology for who would en- when they know the way political cam- lished in Buckley v. Valeo, is constitu- force it and how. paigns are financed in this country, tional. There are only two require- It says in his amendment that ‘‘ex- and they know that lots of huge, un- ments that have to be met: One, that pressly advocate support for opposition regulated soft money contributions are there be compelling State interest to a candidate.’’ What does that mean? being made to political campaigns in under Buckley. The Court has already It talks about as far as corporations every election cycle. held that what we are doing in these are concerned, ‘‘use funds from its gen- So the question is, What do we do to sham issue ads and with soft money is eral treasury for the purpose of polit- return power in this democracy to a compelling State interest because of ical activity.’’ What is the general where it started and made our country the need to avoid corruption or, more treasury? The stock market value? The so great and where it belongs today? importantly, in this case, the appear- cash on hand? The money that is being We are trying to do two basic things ance of corruption. disbursed? in this bill. One is to ban soft money— Second, the legislation has to be nar- This, unfortunately, is an amend- we talked about it at length—these un- rowly tailored. That has been inter- ment which clearly cannot adequately regulated, totally uncontrolled con- preted by the U.S. Supreme Court to define what a stockholder’s involve- tributions made by special interests, mean it is not too broad, not substan- ment is. Again, suppose a stockholder corporations, many different groups, tially overbroad. Snowe-Jeffords does said his or her stock money could not and individuals. exactly that. It is very narrowly tai- be used and then, of course, the stock The simple answer is, it ought to be lored. Two months before the general is split or the stock is sold or there is banned, and it ought to be banned election, it requires the likeness of the a reduction in the amount of the budg- today. We will talk at length later candidate or the name of the candidate et. Who gets what money? Who regu- about constitutional issues, but it is to be used and only applies to broad- lates it? black and white to anyone who has cast ads. Very frankly, I am in sympathy with read Buckley v. Valeo and specifically The empirical evidence shows very the Senator from Utah because we applies the analysis of that case to a clearly that something around 1 per- tried to address this issue. It is just soft money ban. There is absolutely no cent of the ads are not covered by that, well nigh impossible and certainly is question that a ban on soft money is actually issue ads that fall within that not addressed in any kind of parity or constitutional under Buckley v. Valeo. category. Ninety-nine percent of the specificity in this amendment. We will talk about that at length at a ads in the last election cycle, in fact, Mr. President, I will be moving to later time. were campaign ads. table this amendment at the appro- The second issue is these bogus sham What that empirical evidence sup- priate time. I would like to work with issue ads. In addition to the fact folks ports is the notion that not only does the Senator from Utah to see how we see all this money flowing into the sys- it appear that Snowe-Jeffords is nar- can obtain some kind of parity, al- tem, they feel cynical, they feel they rowly tailored, in fact, the over- though I point out, as I said before, the do not own their Government anymore, whelming evidence is that it is nar- paycheck protection in this permission and that they have no voice in democ- rowly tailored, which is exactly what or nonpermission really is not what racy. the Buckley U.S. Supreme Court deci- this campaign finance reform is all In addition to that, they turn on sion required. We will talk about this about because if you ban the soft their televisions in the last 2 months later as we discuss these various provi- money; you ban the corporate check; before an election and see mostly hate- sions. you ban the union check; you ban the ful, negative, personal attack ads pos- The bottom line is, both the soft union leader from giving a million-dol- ing as issue ads. Any normal American money ban and Snowe-Jeffords are con- lar check; you ban the corporate leader with any common sense knows these stitutional and meet the constitutional from giving the check. When you ban are pure campaign ads. Those are the requirements of Buckley v. Valeo. soft money, then all they can do is give ads we are trying to stop. In conclusion, I thank the Senators a $1,000 check for themselves or $1,000 Senator SNOWE actually said it very who have worked so hard on this issue from their friends. well when she said these ads are a mas- for so long. I say to my colleagues, I Later on, I am sure there will be querade. In fact, they are more than a hope that instead of focusing on some some specific questions about the lan- masquerade, they are a sham, they are strategic advantage that a particular guage in this bill. It is nonspecific, it is a fraud on the American people, and campaign may have, or a particular po- unenforceable, and it is in such an they are nothing but a means to avoid litical party may have, that instead we amorphous state, very frankly, it is the legitimate election laws of this will focus on what is best for democ- meaningless. I believe my time has ex- country. racy and what is best for the American pired. We are trying to put an end to these people. The PRESIDING OFFICER. Who so-called issue ads that are nothing but I thank the Chair. yields time? campaign ads. It is another issue that Mr. DODD. Mr. President, how much Mr. DODD. I thank my colleague. I needs to be addressed. All this—these time remains on the opponents’ side? intend to speak about this amendment issue ads that are nothing but sham The PRESIDING OFFICER. The op- at some future point in the debate. In ads, really campaign ads, unregulated ponents have 80 minutes. the meantime, I recognize my friend flow of soft money into campaigns—all Mr. DODD. I yield 3 minutes to my and colleague from Massachusetts. this is about a very simple thing. It is good friend from Arizona, the author of How much time does he need? Fifteen not about us. It is not about the people the underlying bill. minutes?

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4189 Mr. KENNEDY. If I can start with 15 Mr. KENNEDY. In your amendment, poration are used, in proportion to minutes. you talk about cycle; you don’t talk their shares in a corporation. Natu- Mr. DODD. I yield 15 minutes to the about day. A cycle is generally re- rally, these situations are not analo- distinguished Senator from Massachu- ferred, under the Federal Election gous, and for the union member, how setts. Commission, to be the whole 2-year-pe- the dues of the union member are spent The PRESIDING OFFICER. The Sen- riod. We are talking about these transi- by the unions. ator from Massachusetts. tions in terms of stockholders just The Senator’s characterization of the Mr. KENNEDY. Mr. President, I want from 1 day. I am wondering how the McCain-Feingold language is inac- to ask my friend and colleague from permission for stockholders would be curate, and I think I more than indi- Utah some questions, if he will be good met in those circumstances. cated that in my opening remarks with enough to answer some questions. Mr. HATCH. We are talking about regard to the Beck case. Actually, the Since 99.7 percent of American for- violations of the Federal Election Cam- McCain-Feingold language narrows the profit corporations are privately held, paign Act. The FEC would have the job Beck case. how does this amendment apply to of determining the regulations applica- Mr. KENNEDY. If I could reclaim my them? ble under the circumstances. The time. Mr. HATCH. It applies to every cor- amendment is quite clear what we are The PRESIDING OFFICER. The Sen- poration. trying to get after; that is, trying to ator from Massachusetts has the floor. Mr. KENNEDY. It cannot because give stockholders and union members a Mr. KENNEDY. Mr. President, what you refer to those that have stock- right to have some say in the way we are seeing very clearly is not what holders, page 2. Since 99 percent of the unions spend, in the case of unions, and is being stated by the Senator from corporations do not have them, then corporations, in the way corporations Utah but what is included in the lan- they are not covered. spend on behalf of shareholders. guage. That is what we are voting on. Mr. HATCH. I do not know a corpora- Mr. KENNEDY. It is the position of In the language of the amendment, it is tion that does not have stockholders, Senators MCCAIN and FEINGOLD that is very clear on page 2 that in the case of whether they be private or public. done under the codification of the Beck a corporation, to each of its share- Mr. KENNEDY. I am telling you they decision in the first place. holders, it is less than 2 percent of all do not, so effectively your amendment You talk about the parity between businesses that have shareholders. does not apply to the 99.7 percent under corporations and unions. Yet on page 3 For the shareholders, we see how the your definition. you say ‘‘for any corporation described velocity of the transitions of share- We always get these amendments in this section to use funds from its holders—we find there is a different maybe a half an hour beforehand. general treasury.’’ So you are talking criteria that is used for unions, dif- In our review, the Senator’s amend- about the use of funds by corporations. ferent from corporations. ment excludes 99.7 percent of all cor- But on the other hand, if it is a labor On the first page, it talks about any porations. organization, you are talking about corporation or labor organization. Tak- Another question I have—— collecting or assessing such employees’ ing the case of a labor organization, it Mr. HATCH. Can I answer the Sen- dues or initiation fees or other pay- must submit a written report for such ator, since he asked the question? ments. On the one hand, you require cycle—that is 2 years; in the case of a Mr. KENNEDY. These are of the busi- one criteria for corporations for ex- labor organization, to each employee. nesses—— penditures, and on the other hand, for Now, that is to each employee. There Mr. HATCH. Will the Senator yield the unions, you have an entirely dif- are 13 million members of the trade so I can answer his question? ferent definition. union movement. Those who are mem- Mr. KENNEDY. OK. Can you explain why you favor cor- bers, of course, bargain. Several mil- Mr. HATCH. My amendment covers porations in your language to the dis- lion more are covered, generally, by every corporation. There are a lot of advantage of unions? Why do we have political activity. private corporations, but they are still such a disparity in this when you tried Listen to what they have to have for corporations. to represent to the Senate that you are every individual. They will have to re- Let’s face it. The major thrust of my trying to be evenhanded? ceive a report from the organization. amendment is towards public corpora- Mr. HATCH. What are we talking On page 4, what will be included: ‘‘In- tions which has been complained of about? ternal and external communications from time to time by Senators on both Mr. KENNEDY. Would you look at relating to’’—it will be interesting to sides of the aisle. I am trying to cover this language and tell me if I am hear the definition of what is related— both unions and corporations so we wrong? I think it is very important. ‘‘specific candidates, political have an equal protection program. You are representing this is even- causes,’’—this is a new word. Mr. KENNEDY. The Senator may be handed. This is not evenhanded. We What in the world is a ‘‘political attempting, but that is not what the want to understand why it isn’t even- cause’’? Generally, a political cause is language says. handed or the Senator should admit it in the eye of the beholder. What do On page 2, it says under ‘‘PROHIBI- isn’t, if you are trying effectively to they mean by political cause? TION.—Except with the separate, prior, gut the representatives of working They have to send to every em- written, voluntary authorization of a families. ployee—that is what this says—the in- stockholder, in case of a corpora- Mr. HATCH. I don’t think the distin- ternal and external communications tion’’—and once we have 99 percent of guished Senator from Massachusetts is relating to specific candidates. the businesses, according to Dun & wrong in what he is saying. I don’t Who are specific candidates? What do Bradstreet, not covered by the stock- think you are wrong in your interpre- we think are the specific candidates? holders, they are even, by mere defini- tation of the language, but the bill According to the Federal Election tion, excluded. treats the union members and their Commission, every Member of Congress Last week more than 6.7 billion dues in the separate context of share- is defined as a candidate, 435 House shares were traded in the New York holders and their value in a corpora- Members, 100 Senators. Stock Exchange. How were those cov- tion. Any communication that is internal ered? Would the Senator’s amendment The regulations will have to be set by or external relating to—whatever that apply to just the stockholders included the Federal Election Commission pur- means—political candidates, political last week? suant to this amendment. It is equal in causes and committees of political par- Mr. HATCH. My amendment would treatment because what we are trying ties. cover the stockholders who existed on to do is give the shareholders in the If you don’t, you have the criminal the day the request for the expendi- case of corporations a right to have penalties included under the Federal tures was made. some say in how the assets of a cor- Elections Commission where people

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4190 CONGRESSIONAL RECORD—SENATE March 21, 2001 can go to jail for failing to file these Finally, I do think workers and those the most effective voices on issues of reports which are so voluminous. who represent workers and unions concern to workers, including raising This amendment is poorly drafted. It should have a right to have their voices the minimum wage; ensuring the avail- doesn’t even do what the proponents of heard, to speak out on these issues. ability of health insurance; protecting this amendment are attempting to do. The fact remains, we still have not had the balance between work and families; It is one sided. It is targeted. The aim an opportunity to vote on a minimum preserving Social Security, Medicare of this proposal is very clear. It doesn’t wage. I know there are many in this and Medicaid; improving education; apply to any of the other independent Chamber who hope we never will have and ensuring safety and health on the groups. It doesn’t apply to the National that opportunity; but we will, and we job. And unions help their members to Rifle Association. They don’t have to will have it done pretty soon. become active in the political process. conform with it. The Sierra Club Then there is the Patients’ Bill of As a result of union activity, over two doesn’t have to; Right to Life doesn’t Rights that workers support, and we million union members registered to have to. It is just to corporations. But are having difficulty, given the fact vote in just the last 4 years. In the last only less than 2 percent of the corpora- that today the President of the United election, there were 4.8 million more tions have to apply, and every union. States issued a message that if any of union household voters than in 1992. In In terms of every activity or poten- the proposals currently before the Con- fact, 26 percent of the voters in the last tial activity and every expenditure for gress pass, he would veto each one of election came from union households. every member, not only at the national them. This should surely be a welcome devel- level, the State level and local level We have seen what has happened in opment in a country that prides itself have to get the reports. Every member recent times with arsenic standards on fostering and promoting a healthy has to get the report. It is absolutely being pulled back at the request of in- democracy. nonworkable. dustry. We find out that the CO2 stand- But my friends across the aisle do Finally, what are these activities? On ards are being pulled back at the re- not welcome this development. They page 5, the term ‘‘political activity’’ quest of industry. We have other exam- want to do everything they can to keep means voter registration activity. ples that are current on this score. We workers from voting and from partici- Many of us have tried to encourage are finding out the influence of the pating in the political process. That is voter registration. In fact, labor unions HMOs on the administration is over- because they fear that workers and are involved in that. Not many compa- powering. It is not the voices of the those who represent workers’ interests nies or corporations are. I wish they workers or the families that are trip- will defeat their anti-labor agenda. Si- would be. Some of them have been, but ping up this country, it is the special lencing the voices of working families they won’t be any longer if this passes. interests, the large, powerful groups will make it easier for Republicans and They won’t be contributing to any that are expending untold millions. By their big-business friends to achieve local group, to the League of Women a ratio of virtually 10 to 1 and 12 to 1, their anti-worker goals. Supporters of Voters or other groups involved in corporations are involved in out- this amendment want to cut workers’ voter registration activity because if spending the unions of this country. overtime pay and deny millions of they do, they trigger all of these other Nonetheless, we are faced at this time workers an increase in the minimum kinds of participation. with an attempt to try to emasculate wage. They would end the 40-hour work The proponents of this understand that opportunity for their voices to be week and permit sham, company-domi- who does the voter registration. Who heard. They are the voices for edu- nated unions. They voted for this does it? It is labor unions. And they are cation. They are the voices for health body’s shameful repeal of the Depart- included. Voter identification or get- care. They are the voices for child care. ment of Labor’s ergonomics rule, leav- out-the-vote activity, who does that? Those are the voices that I think we ing workers unprotected against the Maybe the Senator from Utah can list need to hear a lot more of, not less. number one threat to health and safety the number of corporations that are in- To reiterate, I rise in opposition to in the workplace. They oppose the volved. We know who does it. We might this amendment, misleadingly called Family and Medical Leave Act. They as well state it is directed against the Paycheck Protection Act. It is support privatizing Social Security. union activity. They are the ones. I nothing of the sort. Instead, it is a bla- They favor private school vouchers don’t mean companies or corporations. tant attempt to silence the voices of that take funds away from our efforts Even the ones that have shareholders— working families on the most impor- to improve the public schools. They are again, it is targeted to who?—corpora- tant issues our Nation faces today. It is not trying to help working Americans. tions? No, it is targeted to the labor an effort to muzzle effective debate on To the contrary, they want to gag union and then public communication critical legislation affecting the work- workers so that they can implement an that refers to a clearly identified can- ers of this country. It is not reform. It aggressive agenda that workers strong- didate for Federal office and that ex- is revenge for the extraordinarily suc- ly oppose. pressly advocates support for or opposi- cessful efforts made by the unions to This is not paycheck protection. This tion to a candidate. get out the vote in the last election. is paycheck deception. And if we adopt Maybe there are some corporations, The amendment is wrong and unfair. It it, we will achieve our opponents’ goals but primarily those are for unions, is undemocratic. It is most likely un- of disenfranchising working families. again. constitutional. I urge my colleagues to This amendment would silence working This is very clear, what is being stat- vote against it. families by barring a union from col- ed here. Under the existing Feingold- Make no mistake about it. A vote for lecting any dues or fees that are not re- McCain bill, there is restatement of this amendment is a vote against lated to collective bargaining unless what the constitutional holdings are at America’s workers. the union obtained a written permis- this time. It is effectively a restate- Supporters of this amendment claim sion slip from each employee each ment. There are some who would like that they are concerned about union year. It would require unions to create to change or alter those. But this is a members’ rights to choose whether and an unnecessary, burdensome and ex- very poor attempt at trying to gain how to participate in the political pensive bureaucratic process. Unions parity. We could take additional time process. We know better. It is crystal would have to create recordkeeping to go through the various provisions. I clear that the real agenda of those who and filing systems for responses, solicit hope the Members will take that time. support the pending amendment is not approval from each covered employee We just received this at the time the to protect dissenting workers but to every year, and constantly recalculate Senator rose to speak. It is poorly scuttle union participation in the po- the amounts they could spend on polit- drafted, poorly constructed, and it does litical process. ical activity—activity that frequently not do the job the proponents want it My friends across the aisle know that requires immediate action. The AFL- to do. unions and their members are among CIO has estimated that implementing a

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4191 paycheck deception provision would amendment with the full knowledge formed of their Beck rights and pro- cost unions and their members approxi- that it could bring down these reforms vided remedies if they are not. mately $90 million in the first year and and further the power of corporate and Remedies for violation of Beck rights $27 million each year thereafter. That wealthy special interests. We should are also available under the National is money taken away from workers’ not allow ourselves to be made parties Labor Relations Act. Under that act, hard-earned benefits and their pension to this ploy. non-union members who believe that plans. For these reasons, paycheck decep- they are being required to support a This will, of course, hamper unions’ tion bills have been rejected every time union’s political activities, or who be- ability to participate fully in political they have been raised. In 1998, a large, lieve that the union’s procedures do and legislative battles. That is the pri- bipartisan majority of the House of not afford an adequate opportunity for mary purpose of this bill. Handicapping Representatives voted down a national the individual to object, may file a unions in this way will also further paycheck deception scheme by a vote complaint with the National Labor Re- skew the drastic existing imbalances in of 246 to 166. Twice now—in 1997 and lations Board or go directly to Federal our political system. A report issued 1998—bipartisan majorities in the Sen- court. In such cases, the board or the last fall by the non-partisan Center for ate have blocked paycheck deception courts decide whether the particular Responsive Politics showed that spe- bills. Thirty-five States have refused to union has developed procedures that cial business interests spent more than enact paycheck deception bills since are adequate to meet Beck require- $1.2 billion in political contributions in that time. And California voters in 1998 ments. the last election cycle. These payments and Oregon voters just last year sound- To erase any further doubts, the swamped the contributions of working ly defeated ballot initiatives that McCain-Feingold bill explicitly codifies families through their unions, which would have imposed paycheck decep- the Beck requirements as a matter of amounted to a total of only $90.3 mil- tion. law. Section 304 of McCain-Feingold re- lion. That means big business outspent The cynicism behind this amendment quires all unions to establish objection labor unions by a ratio of 14 to 1. is made more obvious because the procedures for real paycheck protec- The same report found that business amendment is completely unnecessary. tion. outspent unions in ‘‘soft money’’ con- For almost 13 years, the law has of- The bill requires unions to provide tributions by an even larger margin—17 fered ample protections for any work- personal, annual notice to all affected to 1. The situation has gotten worse ers who disagree with a union’s polit- employees informing them of their over time, moreover. In the 1998 elec- ical activities. Under the landmark rights. tion cycle, according to a previous re- Beck decision, no worker, anywhere in It requires that union procedures lay port by the center, businesses outspent the country, may be forced to support out the steps for employees to make unions on politics by only 11 to 1. In union political activities. In addition, objections to paying dues that would 1996, the gap was 10 to 1. In 1992, it was in 21 States, workers cannot be re- go toward political activity. 9 to 1. quired to support any union activi- It requires unions to reduce the fees These ever-widening disparities are ties—even collective bargaining. paid by any employee who has made an not good news for our democracy. But Since the Beck decision, every union, objection so that the employee will not this paycheck deception amendment as the law requires, has created a pro- be charged for any activities unrelated would only tip the electoral and legis- cedure to ensure that dues-paying to collective bargaining. lative playing field ever more deci- workers can opt out of a union’s polit- It requires unions to provide expla- sively in favor of big corporations and ical expenditures. These procedures nations of their calculations. the wealthy. universally involve notice to workers Forty years ago, in a case called Ma- In only the last 2 weeks, the power of of the opt-out rights provided under chinists v. Street, the Supreme Court these special interests has become ever Beck; establishment of a means for recognized that the majority of union more apparent. Just 2 weeks ago, the workers to notify the union of their de- voters have ‘‘an interest in stating Congress voted—with less than 10 hours cision to exercise these rights; an ac- [their] views without being silenced by of debate in the Senate and a mere counting by the union of its spending the dissenters,’’ and that it was nec- hour of discussion in the House—to reso that it can calculate the appropriate essary to establish a rule that voke worker protections against ergo- fee reduction; and the right of access to ‘‘protect[s] both interests to the max- nomic injuries on which the Depart- an impartial decisionmaker if the imum extent possible, without undue ment of Labor had worked for 10 years. worker who opts out disagrees with the impingement of one on the other.’’ No employer is now required to do any- union’s accounting or calculations. Beck was the Supreme Court’s formu- thing to prevent these painful and de- Moreover, the President has recently lation of this rule, and it represents a bilitating worker injuries. issued an Executive Order that goes to sound and reasonable way to achieve Following up on their ergonomics great lengths to ensure that all work- this goal. And McCain-Feingold re- victory, business and special interests ers know their rights under Beck. This spects this rule laid out so well by the scored another coup when this body Executive Order, issued on February 17, Court. passed the bankruptcy bill last week. requires every Government contractor The proposed amendment would This is a bill that caters to the credit to post a clear notice that alerts em- upset this careful balance between ma- card industry, at the expense of work- ployees of their right to withhold their jority and dissenting interests. Where ing Americans who will now face more payments to unions for any purposes the Court has stated that ‘‘dissent is business-created hurdles to getting other than costs related to collective not to be presumed—it must be affirm- back on their feet financially after set- bargaining. Individuals may file com- atively made known to the union by backs. plaints with the Secretary of Labor if the dissenting employee,’’ the bill cre- This amendment is also a ‘‘poison they believe that a contractor has ates precisely the opposite regime: dis- pill’’ for campaign finance reform. It is failed to meet this requirement. And sent will be presumed absent explicit being championed by those who believe the Secretary may investigate any con- consent. Under this ill-advised amend- that the inequities in the system are tractor suspected of a violation, and ment—and unlike in every other demo- just fine—who would like to have no may order a range of sanctions for non- cratic institution in our country, in- changes to address the corrupting in- compliance, including debarment of cluding the Congress itself—a minority fluence that money has on our national the contractor. I opposed this Execu- would be able to thwart the will of the elections. They know that no supporter tive Order because it does not inform majority by fiat. Not by debate. Not by of campaign finance reform—including workers of any of their other rights discussion. Not by a reasoned exchange my good friend Senator MCCAIN—can under our Nation’s labor laws. But in of competing ideas. Just by silence. vote for a bill that contains these out- this context, it removes any doubt I believe this paycheck deception rageous provisions. They propose this whatsoever that workers will be in- amendment is also unconstitutional.

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4192 CONGRESSIONAL RECORD—SENATE March 21, 2001 The amendment would interfere with sent from this ever-changing group; As I recall, one of the principal argu- union members’ freedom to associate and pay extra dividends or other finan- ments of my friend from Massachusetts in their unions according to member- cial benefits to shareholders who did was that corporations were not treated ship rules of their own choice. Under not authorize political expenditures. similarly—those big, massive, powerful current law, unions may make pay- The pending amendment does not do corporations compared to these little, ment of normal dues the precondition this. No bill purporting to create par- tiny, ‘‘difficult to maintain freedom for for membership and participation in ity has ever done this. No bill would the union members’’ unions. the union. Unions may—and do—pro- ever do so. Such a bill would likely We all know what is going on here. vide that only those individuals who bring commerce to its knees, as cor- There are people on that side who will have paid their full dues may vote on porations spent their time creating im- fight to the death because, although 40 issues before the union or run for union mense administrative bureaucracies to percent of all union members are Re- elective office. It is entirely appro- implement these requirements. publicans, virtually 100 percent of all priate for those workers who do not We would never hamstring corpora- union political money is used to elect wish to support the union’s political tions in this way and we should not do Democrats. I can recall many years activities to resign from membership. it to labor unions, either. We should when some of the most liberal Repub- They cannot be required to fund polit- not impose these unreasonable, unfair, licans who always supported labor, and ical activities, and their dues will be and likely unconstitutional burdens on when a Democrat who supported labor reduced accordingly. These workers our country’s unions, which represent ran against them, that Democrat got will receive the full benefits of union the most effective voice for our work- labor support. If I have to cite any- representation on issues related to the ing families. body, I will cite Jacob Javits of New Since its founding, our nation has re- union’s bargaining obligations. But York. spected and nurtured the fundamental they will not be members of the union I know what is going on here. They principle that democracy thrives best who can participate in making funda- will fight to the death to make sure when there is robust debate over issues mental decisions about union busi- that those 40 percent of Republicans of public concern. This amendment ness—including the election of officers, who work in the unions, who believe in would subvert that bedrock propo- the use of organizational resources, or Republican principles, will never have sition. I urge my colleagues to reject the union’s political positions. any say on how the totality of the this attack on our working families, But this amendment states that money is spent in the political arena. our unions, and our country’s core val- those who do not pay full dues still Oddly enough, I respect my friend ues. from Massachusetts because he has have a full voice in the affairs of the The PRESIDING OFFICER. The Sen- union. They would have the same ator from Utah. been the No. 1 champion of these rights and benefits as those who pay Mr. HATCH. I can’t stay here and let unpowerful trade union organizations. full dues. That is not only unconstitu- the Senator from Massachusetts get Mr. DODD. Oddly enough. tional, it is just plain wrong. away with this. Here we go again. I ac- Mr. HATCH. These poor little picked- Some of my colleagues claim that knowledge he represents a State that is on people who basically have no say in the egregious unfairness in this amend- highly unionized. I don’t know if he their lives, unless they have the pro- ment can be cured if corporations are ever worked for a union or belonged to tection of the distinguished Senator bound by ‘‘shareholder protection’’ re- a union, but I have. I spent 10 years in from Massachusetts, among others. quirements. But comparing unions and the building construction trade unions. But to come here today and tell me I corporations and workers and share- I have a lot of respect for the union have to write every detail of regulation holders is like comparing apples and movement. I would fight for the right into a statute that I know the FEC can oranges. They simply are not the same. of collective bargaining. do is almost an insult. It comes close. First, no corporation requires pay- But, unlike my colleague from Mas- Mr. KENNEDY. Almost. ments for political purposes as a condi- sachusetts, I do not believe I have to Mr. HATCH. He is fighting for his tion of employment. Shareholders are champion everything that one cause special interests, and I don’t blame not employees. It is laughable to think wants over everybody else. I should not him. He gets 100 percent support from that bills that regulate payments that say everybody else, but over anybody union activity and union money. It has are ‘‘conditions of employment’’ create who is not one of the most liberal spe- kept him in office for years. parity between unions and corpora- cial interest groups in our country. I have to say it is not just the liberal tions. I do not need a lecture from the dis- side of the union movement. My good- Second, 99.7 percent of American for- tinguished Senator from Massachusetts ness, it is almost every liberal special profit corporations are privately held on how to write legislation. Nor do I interest group in this country. We all and have no shareholders to protect. need a lecture from the distinguished know when the distinguished Senator Third, shares in public corporations Senator from Massachusetts on what from Massachusetts speaks, he speaks are typically held by institutions such the Beck decision means. for every liberal special interest group as mutual or pension funds not by indi- The Senator and many on the other in this country, and you had better pay viduals. Any bill that purported to cre- side of the aisle will spend every ounce attention if you are on the Democratic ate parity between unions and corpora- of their beings to make sure that union side of the aisle, because if you don’t, tions would have to reach individuals, members have no say with regard to you are going to have a primary in the and would have to apply to the polit- how their moneys are spent in political next election. ical and legislative spending of inter- activities. I respect that kind of power. And I mediate entities, not simply to expend- By the way, with all due respect to love my colleague as very few in this itures by the companies at the end of my friend from Massachusetts—and ev- body do. the ownership chain. None of my col- erybody knows he is my friend; that is (Laughter.) leagues is rushing to do that. why I think my words may have a lit- Mr. MCCAIN. I don’t. Finally, were corporations to be re- tle more impact than some others’ Mr. HATCH. Senator MCCAIN said he quired to meet the standards that —the idea to include corporations and doesn’t. He is naturally being humor- would be imposed on unions, they treat them in a manner comparable to ous, as he always is. would have to account for political and labor organizations, as I recall, came Let me just say this. I acknowledge legislative spending and budgets; dis- from the distinguished Senator from that it is difficult to devise a manner close such spending and budgets to Massachusetts himself. That was in the in which this should be done, but I shareholders; constantly track new early 1990s when I offered amendments think we should work together and do shareholders and recalculate ownership requiring disclosure of the money spent what the distinguished Senator from shares based on daily activities in the by labor organizations, money of hard- Massachusetts said in the early 1990s stock market; constantly solicit con- working American men and women. ought to be done. We ought to get

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4193 those big special interests in the cor- ployees of the State party, or regular, For the purposes of clarification, I porate world to have to conform to cer- full-time employees. Those details are wonder if my colleague from Utah tain disclosures. left to regulators. might take a minute to explain the This is an important matter for hard- The amendment amends the FECA modification. working Americans. If my colleague act so that the FEC would administer Mr. HATCH. It basically corrects lan- thinks stockholders should be treated this and all existing FEC enforcement guage in the amendment. It basically similarly, that is what I am trying to laws and regulations, as well as pen- allows proportionate share with regard do in good faith. I think I am doing it alties that would apply. to the unions, and also with regard to pretty well. I know what is going on. It is wonder- corporations. I think it applies both Just so we get rid of this argument ful to argue for what helps your side. ways. But I wanted to make sure. that every detail has to be written into McCain-Feingold, to their credit, is Mr. DODD. I am sure the President legislation—heck, everybody around trying to get a more honest system understood that. here knows that isn’t the case ever. I that is equal both ways. But if you read I have no objection. myself think sometimes we ought to be the provision on the Beck decision, it Mr. HATCH. Mr. President, I yield a little more specific and not just let basically obliterates it. It basically the floor. the bureaucracy run wild, but that is narrows it so much that it has no The PRESIDING OFFICER. Without not the way things work in this Fed- meaning. objection, the amendment is so modi- eral Government. Just think about it. I have to say there are those on the fied. I think the argument of the distin- other side of the floor who will never The amendment (No. 134), as modi- guished Senator from Massachusetts is allow the Beck Supreme Court deci- fied, is as follows: very insufficient in the details with re- sion, the ultimate law of the land, to Beginning on page 35, strike line 8 and all gard to what legislation is all about. be enforced, or to be applied, because it that follows through page 37, line 14, and in- Let me give an illustration. The Fed- would even things up, and it would sert the following: eral Communications Act simply tells allow 40 percent of the union member- SEC. 304. DISCLOSURE OF AND CONSENT FOR ship in this country to have some say DISBURSEMENTS OF UNION DUES, regulators to regulate the airwaves in FEES, AND ASSESSMENTS OR COR- the public trust. on how their dues are being spent in PORATE FUNDS FOR POLITICAL AC- I am sure the distinguished Senator the political activity. TIVITIES. from Massachusetts would love to have That is all I am trying to do. I think Title III of the Federal Election Campaign three or four thousand pages defining it is a reasonable thing. I think it is Act of 1971 (2 U.S.C. 431 et seq.) is amended what that means—or maybe 150,000 the right thing. I think it is the intel- by inserting after section 304 the following: ligent thing. If we don’t do this, then ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF pages defining what that means. But it UNION DUES, FEES, AND ASSESS- works. It works as long as we have hon- are we really trying to have a bill that MENTS OR CORPORATE FUNDS FOR est people in the bureaucracy. is going to correct some of the ills of POLITICAL ACTIVITIES. Think of this one. There is a level of our society? ‘‘(a) DISCLOSURE.—Any corporation or detail in all legislation that is left to I have no illusion. I suspect that labor organization (including a separate seg- administrators and regulators. many, if not all, on the other side will regated fund established and maintained by The McCain-Feingold bill that is so vote against this amendment because such entity) that makes a disbursement for political activity or a contribution or ex- magnificent, triumphed by the distin- it does basically even things up. It does what the distinguished Senator from penditure during an election cycle shall sub- guished Senator from Massachusetts, mit a written report for such cycle— requires State parties to use hard Massachusetts said we ought to do ‘‘(1) in the case of a corporation, to each of money to pay the salary of a State back in the early 1990s, but today is in- its shareholders; and party worker if they spend more than dicating, if we do it, that it has to be ‘‘(2) in the case of a labor organization, to 25 percent of their time on Federal done in such specificity that it would each employee within the labor organiza- election activities. be the most specified language in the tion’s bargaining unit or units; That is pretty broad to me. Nowhere history of legislative achievement. disclosing the portion of the labor organiza- does McCain-Feingold state how State AMENDMENT NO. 134, AS MODIFIED tion’s income from dues, fees, and assessments or the corporation’s funds that was parties are to track these people’s Mr. President, I send a modification to the desk and ask for its immediate expended directly or indirectly for political time—nowhere. We will leave that to activities, contributions, and expenditures the regulators. consideration. during such election cycle. I could go down each paragraph in The PRESIDING OFFICER. Is there ‘‘(b) CONSENT.— the McCain-Feingold bill and shred it objection? ‘‘(1) PROHIBITION.—Except with the sepa- alive, if the argument of the distin- Mr. HATCH. It is a technical correc- rate, prior, written, voluntary authorization guished Senator from Massachusetts tion. of a stockholder, in the case of a corpora- has any merit, which, of course, it does Mr. DODD. I would like to see the tion, or an employee within the labor organization’s bargaining unit or units in the case not. But that doesn’t stop bombastic amendment. Mr. HATCH. Mr. President, I suggest of a labor organization, it shall be unlawful— argument, nor should it. I love them the absence of a quorum. ‘‘(A) for any corporation described in this myself. I love to see the distinguished The PRESIDING OFFICER. The section to use portions, commensurate to the Senator from Massachusetts get up clerk will call the roll. share of such stocks of funds from its general there, and everybody is almost positive The assistant legislative clerk pro- treasury for the purpose of political activi- he is going to blow a fuse before he is ceeded to call the roll. ties; or ‘‘(B) for any labor organization described through. But the fact is, he has a right Mr. DODD. Mr. President, I ask unan- to do that. I admire him for doing it. I in this section to collect or use any dues, ini- imous consent that the order for the tiation fee, or other payment if any part of admire the way he supports his special quorum call be rescinded. such dues, fee, or payment will be used for interests. I do not know of anybody The PRESIDING OFFICER. Without political activities. who does it better. We don’t have any- objection, it is so ordered. ‘‘(2) EFFECT OF AUTHORIZATION.—An author- body on our side who can do that as Mr. HATCH. Mr. President, my modi- ization described in paragraph (1) shall re- well. fication is at the desk. I ask unani- main in effect until revoked and may be re- (Applause in the Galleries.) mous consent that my amendment be voked at any time. The PRESIDING OFFICER (Mr. so modified. ‘‘(c) CONTENTS.— ‘‘(1) IN GENERAL.—The report submitted BROWNBACK). There will be order in the The PRESIDING OFFICER. Is there under subsection (a) shall disclose informa- gallery. objection? tion regarding the dues, fees, and assess- Mr. HATCH. That brought tears to Mr. DODD. Reserving the right to ob- ments spent at each level of the labor orga- my eyes. ject—I am not going to object—Mem- nization and by each international, national, Mr. President, McCain-Feingold does bers should have the right to modify State, and local component or council, and not say if the contract workers are em- their amendments. each affiliate of the labor organization and

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4194 CONGRESSIONAL RECORD—SENATE March 21, 2001 information on funds of a corporation spent might affect labor unions. Disclosure those persons that they are giving money for by each subsidiary of such corporation show- and consent are universally applauded political causes and counteracts the inertia ing the amount of dues, fees, and assess- in the campaign finance debate. Disclo- that would tend to cause people to continue ments or corporate funds disbursed in the sure and consent are the two principles giving funds indefinitely even after their following categories: support for the message may have waned. ‘‘(A) Direct activities, such as cash con- upon which there is wide agreement on The annual consent requirement ensures tributions to candidates and committees of a bipartisan basis throughout this that political contributions are in accord- political parties. Chamber—unless it applies to labor ance with the wishes of the contributors. ‘‘(B) Internal and external communications unions. So there is a binding Federal court relating to specific candidates, political What Senator HATCH is trying to do precedent upholding affirmative con- causes, and committees of political parties. is to apply those principles—disclosure sent requirements on unions. This case ‘‘(C) Internal disbursements by the labor and consent—to organized labor in this makes clear that such provisions are organization or corporation to maintain, op- country. Admittedly, the so-called pay- erate, and solicit contributions for a sepa- not even subject to strict scrutiny. rate segregated fund. check protection amendment in the It is entirely possible that unions are ‘‘(D) Voter registration drives, State and past has only applied to unions. Many the biggest spenders in our elections. precinct organizing on behalf of candidates of our Members have complained about But we do not know because they do and committees of political parties, and get- that. not disclose the majority of their polit- out-the-vote campaigns. The senior Senator from Arizona, as ical activities. The numbers people use ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For recently as January 22, complained to say corporations outspend unions each of the categories of information de- about the fact that it did not apply to are suspect because they only include scribed in a subparagraph of paragraph (1), shareholders. The junior Senator from the report shall identify the candidate for what unions disclose. But we can esti- public office on whose behalf disbursements Wisconsin, on the same day, was com- mate what unions spend because there were made or the political cause or purpose plaining about the paycheck protection is no meaningful disclosure anywhere for which the disbursements were made. proposal because it only applied, as he of what unions spend on political ac- ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— put it, to one player, the labor unions. tivities—such as phone banks, direct The report under subsection (a) shall also Senator KERRY of Massachusetts, in mail, voter identification, get-out-the- list all contributions or expenditures made the last year or so, was complaining vote activity, candidate recruitment, by separated segregated funds established about paycheck protection because it political consulting, and other activi- and maintained by each labor organization only applied to labor unions. Senator or corporation. ties—in support of the Democratic IEBERMAN ‘‘(d) TIME TO MAKE REPORTS.—A report re- L , in February of 1998—just a Party. We must, admittedly, simply es- quired under subsection (a) shall be sub- couple years ago—I suspect it is still timate what they spend. mitted not later than January 30 of the year his view that paycheck protection is a By contrast, we have a very good beginning after the end of the election cycle problem because it does not apply to idea what corporate America spends that is the subject of the report. corporations. That is one of the prin- because almost all of its activity is ‘‘(e) DEFINITIONS.—In this section: cipal arguments against so-called pay- limited to operating PACs and making ‘‘(1) ELECTION CYCLE.—The term ‘election check protection. soft money donations to parties, which, cycle’ means, with respect to an election, the The Senator from Utah has now ap- period beginning on the day after the date of unlike big labor’s ground game, are the previous general election for Federal of- plied it to corporations. He has applied fully disclosed activities. fice and ending on the date of the next gen- it. There is parity between unions and In estimating what unions spend, we eral election for Federal office. corporations. The goal is to ensure should note that in Beck cases—and re- ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- that all political money is voluntary. member, the Beck case was about a ical activity’ means— In a corporation without share- nonunion member—it is not unusual ‘‘(A) voter registration activity; holders, if the owner uses his money on for nonunion members, seeking a re- ‘‘(B) voter identification or get-out-the- politics, obviously, it is voluntary be- fund of the pro rata share of their fees vote activity; cause it is his money. With share- that the union uses for activities unre- ‘‘(C) a public communication that refers to a clearly identified candidate for Federal of- holders, we need this legislation so ex- lated to collective bargaining, to get fice and that expressly advocates support for ecutives do not decide for the share- back in excess of 70 percent. In the or opposition to a candidate for Federal of- holders. Beck case itself, Mr. Beck got back 79 fice; and In unions, the consent provision en- percent. ‘‘(D) disbursements for television or radio sures political money from dues are So let’s be very conservative and say broadcast time, print advertising, or polling voluntarily used for political purposes. that the unions spend 10 percent of the for political activities.’’ And, of course, there are no privately money they take in each year to help The PRESIDING OFFICER. Who held unions. Democrats. yields time? Paycheck protection is clearly con- Now, let’s look at how much unions Mr. MCCONNELL. Mr. President, how stitutional. In Michigan State AFL- take in from dues from members, agen- much time remains? CIO v. Miller, the U.S. Sixth Circuit cy fees from nonmembers, and other The PRESIDING OFFICER. On this Court of Appeals upheld a State stat- sources, such as their affinity credit amendment, there are 37 minutes. The ute requiring unions to get affirmative card program. According to figures opponents have 62 minutes. consent each year from union mem- from the Department of Labor for 1999, Mr. MCCONNELL. Mr. President, I bers. In fact, the court held that the af- the Auto Workers Union took in thank Senator DODD and others for al- firmative consent requirement, similar $308,653,016. The Steelworkers Union lowing Senator HATCH to modify his to Senator HATCH’s requirement, was took in $569,198,286. The Machinists amendment. We got into quite a tussle not even subject to the highest degree Union took in $167,201,344. The Car- the other night over that issue. I am of strict scrutiny. Rather, the court penters Union took in $624,205,132. The pleased to see the comity that the Sen- found the affirmative consent require- Laborers International Union took in ate normally enjoys. It has been exer- ment so noncontroversial that it was $133,921,734. The Food and Commercial cised on this occasion. I thank every- subject only to intermediate scrutiny. Workers Union took in $316,458,642. The one for allowing Senator HATCH to And it survived intermediate scrutiny Airline Pilots Union took in modify his amendment. and survived review under this stand- $277,508,365. The Teamsters brought in Let me say that this amendment has ard. $303,498,920. been described as a poison pill by the The court upheld the affirmative con- I could go on. I have not yet included New York Times and the Washington sent requirement explaining that: some of the largest unions, such as the Post and Common Cause. I think it is By verifying on an annual basis that indi- Communications Workers, the Service important for Members to understand viduals intend to continue dedicating a por- Employees Union, the Hotel Workers what a ‘‘poison pill’’ is by their definition of their earnings to a political cause, Union, the National Education Asso- tion. A poison pill is anything that [the consent requirement] both reminds ciation, and the Electrical Workers, all

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4195 of which are among the largest unions Unions offer the appearance of a legiti- in 1996 to legalize marijuana in Cali- in America. mate democratic process but none of fornia. The Teamsters contributed But if we just add up what the eight the reality, and disregard the interests $195,000 in union dues to support that unions I mentioned raked in during of working men and women instead of particular effort. I wonder how many 1999, it amounts to $2,700,645,439. If we representing them. hard-working families of union mem- double this figure, to reflect what these In 1959, Congress enacted the Labor- bers want their hard-earned dollars to eight unions took in during the 1999– Management Reporting and Disclosure be used for the legalization of mari- 2000 election cycle, it amounts to Act to protect the rights and interests juana. I cite that as an example of the $5,401,290,878. of union members against abuses by way in which union dues can be used If these eight unions spent just 10 unions and their officials. The act gave without the consent of members and on percent of this amount to help the union members various substantive causes certainly the members are not Democrats in the last election, these rights that were considered so crucial likely to agree with. eight alone spent $540 million. So it is to ensuring that unions were democrat- Senator HATCH, though this impor- safe to say that unions easily spend at ically governed and responsive to the tant amendment is trying to get at least $1⁄2 billion for Democrats in each will of their membership that they some of these problems, I commend election cycle. were labeled the Bill of Rights of Mem- him for his outstanding leadership on Independent academic research from bers of Labor Organizations. The this issue over the years. We certainly Professor Leo Troy of Rutgers arrives LMRDA made rank-and-file union hope this amendment will be approved. at similar numbers, as do estimates members the sole guardians of protec- I retain the remainder of my time from former high-ranking union offi- tions set forth in the Bill of Rights for and yield the floor. cials, such as Duke Zeller, formerly a Members of Labor Organizations by The PRESIDING OFFICER. Who Teamsters official, who has acknowl- prohibiting the Secretary of Labor seeks time? edged that big labor spent about $400 from investigating violations of those The Senator from Connecticut. million for the Democrats and Bill rights. Mr. DODD. Mr. President, I yield 15 Clinton in 1996. Of course, Congress realized that the minutes to the distinguished senior Contrast this with $244 million total protections provided in the Bill of Senator from the State of Michigan, for all corporate and business associa- Rights for Members of Labor Organiza- Mr. LEVIN. tion hard and soft money contributions tions were meaningless if union mem- The PRESIDING OFFICER. The Sen- to the Republican and Democratic Par- bers did not know of their existence. ator from Michigan is recognized for up ties, including their congressional Therefore, in section 105 of the act, to 15 minutes. committees. Congress mandated that ‘‘every labor Mr. LEVIN. I thank my friend from These figures regularly cited about organization shall inform its members Connecticut. business outspending labor 10 or 15 to 1 concerning the provisions of this chap- Mr. President, this amendment is are based on questionable figures gen- ter.’’ Unfortunately, as demonstrated written as though it would apply to erated by the ‘‘reform industry’’ to re- by the U.S. Fourth Circuit Court of Ap- both corporations and unions. The enforce its own mythology about how peals recent decision in Thomas v. The words on the piece of paper we have corrupt Congressmen are, in the pocket Grand Lodge of the International Asso- just been handed say ‘‘any corporation of big business. These estimates are ciation of Machinists, a decision hand- or any labor union.’’ When somebody not based on sound, unbiased FEC fig- ed down in just January of this year, first looked at it, they would say: Aha, ures. the officials at labor unions have frus- this applies to both. Moreover, the reformers’ estimates trated the will of Congress and sought In the real world, it doesn’t. In the only look at how much publicly dis- to prevent their members from learn- real world, the only entities to which it closed hard and soft money businesses ing of their rights by refusing to notify applies are unions and not corpora- and labor give to parties and their can- members of the act’s protections when tions. The activities which are covered didates. They totally ignore the hun- they join. here are really for, first, voter registra- dreds of millions big labor pour into its In Thomas, the union asserted that tion activity. I don’t know of too many massive, undisclosed ground game op- their one-time publication of the provi- corporations that engage in that. I erated on behalf of the Democratic sions of the act to their membership would love to know from the sponsors Party. way back in 1959—the fact that they of this amendment what percentage of The dirty little secret that big labor published it one time in 1959 —satisfied corporations engage in voter registra- and its allies do not want anyone to their obligation to notify their mem- tion activity. That is the first thing it know is that corporate America just bers. The court of appeals rejected this covers, something which unions do and makes contributions and may run up somewhat ingenious argument because corporations don’t. But we are told some issue ads once in a while to which it ran counter to the clear text of sec- there is parity in this amendment. we can assign a price tag, thanks to ad tion 105 and because ‘‘Congress clearly The second thing we are told it cov- buy information. Big labor, on the intended that each individual union ers is voter identification or get-out- other hand, makes some contributions, member, soon after obtaining member- the-vote activity. I don’t know of too runs some issue ads, but that is just ship, be informed about the provisions many corporations that engage in the tip of the iceberg. The vast major- of the act,’’ including the Bill of Rights voter identification or get-out-the-vote ity of its political activity and money of Members of Labor Organizations. activity. I would be really interested to is dedicated to the ground game. These This is the reality of union democ- hear from the sponsors of this amend- direct expenditures which completely racy and the contempt union leaders ment as to what percentage do because dwarf what business spends on politics, have for the rights and interests of I don’t know of many. In fact, I don’t even if they are only 5 to 10 percent of working men and women. Unions still know of any offhand. So while it pur- what big labor rakes in each year, continue to fight disclosing to workers ports to be equal in its application, aren’t disclosed anywhere. Nowhere is the basic rights Congress set forth while it purports to have parity to both this disclosed. And big labor’s allies back in 1959. unions and corporations, it is purely will do everything they can to make The reason the underlying amend- paper parity, it is not real world par- sure these massive expenditures that ment doesn’t include ideological ity. It is the appearance of parity with- form the brunt of big labor’s political groups is that when you give to the Si- out the reality of parity—paper parity. operation remain hidden away from the erra Club, you know the causes they The third item is public communica- sunlight of disclosure. advocate. When people join unions or tion that refers to a clearly identified The distinguished Senator from Mas- are forced to pay fees to unions, they candidate. I am not sure what that sachusetts has noted that no corpora- probably don’t know that unions use means, because if it were a public com- tion does get-out-the-vote operations. their dues for such things as an effort munication that expressly advocated

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4196 CONGRESSIONAL RECORD—SENATE March 21, 2001 support for or opposition to, it would or get-out-the-vote activity. So the dis- who are not required to join a union by then be an expenditure which would guise is pretty thin. The parity is paper law because no law can require that in have to be paid for in hard dollars. I am parity only. this country. Yet it is the restriction not sure even what the relevance of This amendment, it seems to me, of that association, the right of men that is in this particular place. The should be seen for what it is—a way to and women in a free country to asso- same thing with disbursements for tel- attempt to reduce the political activ- ciate freely and to decide on a regime evision or radio broadcast time. ity of labor unions. There was a case of political activity that is being re- The heart of this amendment is to go called Machinists v. Street in the Su- stricted by this amendment—with no after union activity and to place re- preme Court back in 1961. The Supreme showing of an appearance of corrup- quirements on unions that are so oner- Court expressed concern with en- tion, restriction on the rights of asso- ous that they will not be able to meet croachment on the legitimate activi- ciation. That is what this amendment them. To require affirmative approval ties and necessary functions of unions. reflects. of certain activities in a voluntary or- They made it very clear in that case That cannot just be disguised or cov- ganization and association which has that it is up to the members of the ered up by saying, oh, look, it applies voted to engage in certain activities in union to decide in what activities they to corporations, too, when in fact the which free people engage is set aside would engage, and that dissent is not corporations do not engage in the ac- here. Instead, under this amendment, presumed, in the words of the Supreme tivity being discussed here. And, in we have a free association of people, Court. fact, if this seriously were aimed at because no one can be required to be a This amendment reverses that right corporations, it would be so totally un- member of a union, not in this country. of association where members of an as- workable that it would fall of its own Nobody can be required to be a member sociation are presumed to support, by weight. No corporation I know of could of a union. the election of their officers and adop- possibly comply with these rules, even So you have an association of free tion of their bylaws, the program of if it wanted to engage in get-out-the- men and women who have decided that that association. It reverses the Su- vote activity or voter registration. they want to engage in certain polit- preme Court’s assumption and pre- There would be no practical way it ical activity, but we are told in this sumes dissent, requiring affirmative could comply with this. amendment that they have to go approval of members of a free associa- The effort to modify this amendment through certain hoops and they have to tion. was a reflection of the total inability jump across certain hurdles before they This is what the Supreme Court said: of a corporation to function under this are allowed to do so. Any remedies, however, would properly be kind of a rule. But it doesn’t cure the We are told that there is parity here. granted only to employees who have made problem because, again, we are not Stockholders are also covered by this, known to the union officials that they do not desire their funds to be used for political told: When is this decision made? What we are told. Yet we haven’t heard, de- causes to which they object. The safeguards day are the stockholders going to be spite the many suggestions and ques- in the law were added for the protection of counted? Do they have to be asked on tions asked about this, of any corpora- dissenters’ interests, but dissent is not to be a certain day as to whether or not they tions that engage in this activity that presumed. approve a get-out-the-vote campaign or would be required to obtain stock- This amendment, by requiring that a voter registration campaign? The holder approval before using corporate unions go through very complicated, next day you may have hundreds of funds to do so. cumbersome procedures in order to ob- thousands, perhaps in a large corpora- If this were a serious amendment tain affirmative approval of members tion, of different stockholders. What aimed at parity, if this were truly a of that free association, is intended to classes of stock are covered? There is real-world parity amendment, it would put a damper on union political activ- nothing about that—and for good rea- not be written in the way it is relative ity, and it is very clear what this pur- son. That is not the purpose of the to corporations. Saying that you would pose is. amendment. have to get the approval of stock- Finally, let me just say this: This is The purpose of this amendment, I am holders, for instance, without saying not an amendment, it seems to me, afraid, is a purpose in which we as a which class of stockholders—common which belongs in this bill or is really body should not participate. The pur- stock, preferred stock—what day are appropriate in this bill. This is an pose of this amendment is to restrict we getting the approval of stockholders amendment that is aimed at labor the political activities of a free asso- on, was it yesterday before a billion unions, separate and apart from any ciation. We should not do that, wheth- shares of stock were sold on the New bill that we have before us relative to er we like the association or don’t like York Stock Exchange, is it today, money going into campaigns. This is the association. We should not do that when another billion shares of stock not an amendment that is aimed at the whether the association is supportive are going to be sold on the New York appearance of corruption, which we generally of our party or opposes gen- Stock Exchange, This is not a moving have been told, under Buckley, can be erally our party. The principle here, target which would be presented to a addressed by trying to put some limits the principle involved, is the right of corporation. It would be a moving bul- on contributions to campaigns. That is association under the first amendment. let which would have to be somehow or what the Buckley case says we can do. It cannot be restricted by law. It other captured so these requirements In order to avoid the appearance of should not be restricted by this body. could be met. But they are not real re- corruption, the appearance of impro- We should not attempt to place these quirements because corporations don’t priety, we can put contribution limits kinds of restrictions on the associative engage in the activity purportedly on contributions, we can restrict con- rights of American citizens. being covered by this amendment. tributions because of what can be im- Finally, under a NAACP case in 1963, The purpose of this amendment is to plied, and is too often implied, by large I will close with this quote. The first try to restrict legitimate political ac- contributions going into these cam- amendment is what is being discussed tivity of an association of men and paigns. We have not been shown the in that case, and this is what the Su- women in a labor union. The disguise is corruption that this amendment in- preme Court held: pretty thin. The disguise is, look, we tends to remedy. Because first amendment freedoms need have heard a lot about covering cor- What this amendment intends to do breathing space to survive, government may porations, so we are doing it. But this is to restrict the rights of association regulate in the area only with narrow speci- isn’t the activity that the corporations of members of a union—people who vol- ficity. engage in which is set forth in this untarily decide they are going to either I know we are going to have a debate amendment. This is the activity in be in a union, remain in a union, or over whether or not the bill before us which labor unions engage—voter reg- join a union; people who are not re- meets the first amendment test. Those istration activity, voter identification, quired to stay in a union by law; people of us who very much support McCain-

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4197 Feingold feel passionately that it does, Seven, radio advertisements; bers and that union activities are dis- that it is narrowly crafted to allow for Eight, magazine advertisements; closed. Consent and disclosure are two regulation, to address the appearance Nine, newspaper advertisements; principles, it seems to me, that have of impropriety and corruption. But Ten, outdoor advertising and been at the heart of the campaign fi- there is no way that the amendment leafletting; nance debate for many years. before us, which has an effect only on Eleven, polling; I think we are probably through on the free association of labor unions, And twelve, volunteer recruitment this side. I do not know how many can possibly meet this test with no and training. more speakers you have. showing of an appearance of corrup- Boy, I wish we had an ally such as The PRESIDING OFFICER. The Sen- tion, no showing of an appearance of that. That would be wonderful. The ator from Connecticut. impropriety, and severe practical lim- only entity we have that engages in Mr. DODD. Mr. President, I know of its on the rights of association in trade any of those activities on behalf of Re- three or four anyway. There may be a unions. And I believe this language publicans is our party organizations. few others. should not only be defeated by this Their funds would be reduced by at Mr. MCCONNELL. How much time do body, but, hopefully, will be rejected on least a third or, in the case of the Re- I have? a bipartisan basis because it would cut publican National Committee, 40 per- The PRESIDING OFFICER. The Sen- into the rights that I believe all of us cent by McCain-Feingold. ator from Kentucky has 15 minutes 30 should want very much to protect. McCain-Feingold purports to regu- seconds. I thank the Chair. late some union activity, and I gather Mr. MCCONNELL. I reserve the re- The PRESIDING OFFICER. The Sen- from reading the paper it has made the mainder of my time, and I will see how ator from Kentucky is recognized. unions at least a little bit nervous. It it goes. Mr. MCCONNELL. Mr. President, the purports to prohibit TV and radio ads Mr. DODD. How much time remains Senator from Michigan is correct, of that refer to a candidate within 60 days on the opponents’ side? course, that no worker can be forced to of a general election or 30 days of a pri- The PRESIDING OFFICER. Forty- join a union. They can, however, be mary. seven minutes 22 seconds. forced to pay fees to unions, equal to However, with regard to national Mr. DODD. Maybe we will consume union dues, as a condition of maintain- parties, everything the national party all of it, and if the Senator from Ken- ing their employment. That is pre- does must be paid for in 100-percent tucky—— cisely the point of Senator HATCH’s federally regulated hard dollars, even if Mr. MCCONNELL. I have reserved amendment. it does not mention a single candidate. mine. As for the concern of the Senator If, in fact, that 1 restriction on union Mr. DODD. How much time does my from Michigan about the fact that no activity remains in the bill at the end, good friend from Minnesota need? corporation does ground wars as unions that leaves 11 other activities unions Mr. WELLSTONE. Ten minutes, and do, that is, of course, precisely the engage in untouched by McCain-Fein- I may not take a full 10 minutes. point. That is exactly why McCain- gold while at the same time the bill re- The PRESIDING OFFICER. The Sen- Feingold is biased in favor of Demo- duces the funds available for the na- ator from Minnesota is recognized for crats. tional parties by a third, to 40 percent. 10 minutes. Unions, as the Senator from Michi- In addition to that, McCain-Feingold, Mr. WELLSTONE. Mr. President, I gan has pointed out, do the ground war in effect, federalizes State and local will tell you why I may not take the for the Democrats. I wish we had an parties in even-numbered years. In full 10 minutes. I had an opportunity to ally like that on our side. I admire the order for the Republican National Com- hear Senator LEVIN, and he said much unions greatly. They do the ground war mittee—it would apply to Democrats of what I wanted to say except he said for the Democrats. as well, but it is not as important to it better than I can. For Republicans, it is the party that them because they have the unions as I do want to be really clear that this takes the primary role in the ground I just described—in the case of the ‘‘paycheck protection’’ amendment war. As we have discussed here, and as local parties and the national party, that all of us have been expecting has the Senator from Michigan has con- they would have to operate at 100-per- taken an even more egregious and cyn- ceded, corporations don’t do that sort cent Federal dollars, even if they were ical form than I had contemplated in of thing. They never have and, in my trying to influence a mayor’s race in all my nightmares. view, they never will. Wichita, KS. This is not about sham issue ads. It is McCain-Feingold eliminates one- This bill does little or nothing to the important to go after soft money that third of the resources that Republican unions. What little it purports to do, I goes into such ads by any kind of orga- Party organizations have to counter gather, has made the unions nervous, nization. This is not about parity be- the union ground game from which and it will be interesting to see if, between corporations and unions, for all Democrats benefit 100 percent. fore the end of this debate, not only are of the reasons Senator LEVIN outlined. According to Forbes magazine, the the amendments such as the one we are This is, however, going after political NEA’s local uniserve directors act as debating not approved, I am curious to activity defined as ‘‘voter registration the largest army of paid political orga- see whether there will be additional activity, voter identification, or get nizers and lobbyists in the United amendments offered that will, in fact, out the vote, public communication States. According to NEA’s own stra- take out what few uncomfortable por- that refers to a clearly identified can- tegic plan and budget, these political tions of the existing bill there are for didate for Federal office.’’ operatives had a budget of $76 million organized labor. In other words, I am I can understand why, given what we for the 2000 cycle—$76 million for the predicting that not only will Senator have been doing on the floor of the 2000 cycle alone. None of that is HATCH’s amendments—this one and the Senate over the last couple of weeks, touched by McCain-Feingold. one he will offer after this one—prob- such as, for example, in 10 hours over- With regard to the unions, what do ably be defeated, but that those ele- turning 10 years of work to have a rule unions do to help Democrats? Again, I ments of McCain-Feingold that cur- to provide some protection for people say I wish we had such an ally. This is rently create some angst among against repetitive stress injury—I can what the unions do for the Democrats: unions, there will be an effort to strip understand why my colleagues would One, get out the vote; those out before we get to final pas- not want unions, or any kind of organi- Two, voter identification; sage. zation that represents workers, com- Three, voter registration; In the name of fairness, what we are municating with those workers. Four, mass mailings; talking about, with Senator HATCH’s This is a gag rule amendment. That Five, phone banks; amendment, is to make sure that union is what this is about. Basically, this is Six, TV advertisements; dollars are voluntarily given by mem- the issue: This amendment is all about

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4198 CONGRESSIONAL RECORD—SENATE March 21, 2001 going after a democratic, with a small But this amendment says that it is Mr. DODD. Mr. President, we have ‘‘d’’—may I please make that distinc- our business as politicians to tell many Members desiring to be heard. I tion—a democratic institution, with a unions how to make their internal want to make sure I accommodate ev- small ‘‘d,’’ and denying that spending decisions. The obvious intent eryone who wants to be heard. associational democratic institution is to harm unions’ ability to function I yield to my colleague from Massa- the right to represent and serve its effectively in the political process. chusetts for 5 minutes. members. This doesn’t just discriminate unfairly The PRESIDING OFFICER (Mr. AL- What my colleagues are worried against unions. It undercuts their con- LARD). The Senator from Massachu- about, what this amendment is a re- stitutional rights of free association setts is recognized for up to 5 minutes. flection of, is the concern of some of and of free speech. Mr. KERRY. Mr. President, I thank my colleagues that this particular As a result of the 1988 Beck case, all my colleague. democratic organization, with a small workers can already opt out of paying The impact of this amendment and ‘‘d’’—a union, or it can be any organi- union dues. They can choose not to be the fundamental unfairness of it are so zation—will be able to serve its mem- in the union and to pay a fee that only obvious and so patently clear. What bers. covers costs associated with contract this tries to achieve doesn’t necessitate Frankly, we in the Senate ought to management and collective bargaining. a raising of voices or even an angry re- be for all democratic, with a small ‘‘d,’’ No worker is forced to join the union. sponse, although I think there are associational organizations, and we Therefore, no worker is forced to cover plenty of Members who feel offended by should be all about supporting their costs associated with political activi- what it seeks to do. rights to serve their members, not try- ties. And, I would add, the underlying The purpose of this McCain-Feingold ing to gag them, trying to block com- legislation includes a provision that legislation is to try to create a fair munication. My colleagues are so wor- makes this very clear. playing field. ‘‘Fair’’ is not a word we ried that these associations and these In reality, this amendment is a delib- hear a lot applied to the standards organizations of people who do not give erate attempt to undermine one of the which our colleagues on the other side the millions of dollars will be able to, key purposes of unions, advocating for seem to seek in this. But ‘‘fair’’ means God forbid, be involved in voter reg- their members not only with manage- you try to achieve parity to the best istration activity, get-out-the-vote ef- ment, but with elected officials. The degree possible between both sides’ po- forts, internal communication, and amendment goes well beyond what the tential supporters, those who give to grassroots politics. Supreme Court required in the Beck us. This is the ultimate anti grassroots decision. It would require union mem- What is extraordinary to me is what politics, anti association, anti group bers to affirmatively agree to set aside is being sought here is effectively the and organization, anti rank-and-file a portion of their dues for political ac- silencing of the capacity of organized member, anti people communicating tivities. And then it would require pe- labor to be able to participate with a with one another, anti people without riod reports spelling out details of fig leaf, a pretense about corporate re- the big bucks through their association those activities. sponsibility and shareholder obliga- These requirements would impose being able to have some power and tions. There is nothing in the termi- significant costs on unions and limit some say and some clout in American nology of the legislation in the way it their ability to participate in the polit- politics. has been set forth that actually creates ical process. any equality at all between share- This amendment should be roundly It is important to remember that holders and union members who, I defeated. unions are democratic institutions. De- might add, are a completely different I yield the floor. cisions are made by majority vote or Mr. CORZINE. Mr. President, I rise concept altogether. After all, I think it by duly elected representatives. More- is understood there are certain laws today in strong opposition to the so- over, as I said earlier, nobody is forced that apply to unions—to union partici- called paycheck protection amend- to join a union. If you decide to join, as pation, the Beck law, to the rights of ment. This proposal, in my view, is lit- with other voluntary organizations, tle more than a thinly veiled attack on you accept the democratic decision- union members, to union democracy, organized labor, and an attempt to un- making process. election of leaders, the way in which dermine genuine campaign finance re- It is absurd to join the NRA and ask they participate—which are completely form. that no funds be used for political ac- different from the role of shareholders The effect of this amendment would tivities. You cannot pay a reduced fee and the way shareholders participate. be to bury unions in a morass of bu- to simply receive American Rifleman More importantly, look at the basic reaucratic red tape, and severely im- magazine. And you cannot join the Si- numbers. Corporations outspent unions pede their ability to represent their erra Club just for the tote bag. Simi- in political activities in the last elec- membership. It would push unions fur- larly, political activities are a funda- tion 15–1. Even if you accept the argu- ther to the periphery of the political mental feature of a union’s operations. ment of some Republicans that unions process, and hurt the working men and Unions were formed in the first place tend to predominantly be supportive of women they represent. It also may well to reduce the historic imbalance be- Democrats, which might incidentally be unconstitutional. tween workers and management, be- illicit some thinking on their part Every day, associations and other or- tween most Americans and powerful, about why it is that happens, but with ganizations representing everything entrenched interests. By coming to- ergonomics in the past week and other from chocolate manufacturers to re- gether, working families have an influ- attacks, I think we can understand tired people come to Capitol Hill to ad- ential voice, and nowhere is the voice that differential, but even if you were vocate for their members. These orga- of labor unions more important than in to split the corporate contributions— nizations use a variety of mechanisms the political arena. This amendment because some corporations do, indeed, to decide how they spend their money. would, in effect, silence that voice, and also give to Democrats—and you took Some give broad authority to their in the process silence millions of work- only 8–1 or 7–1, you are looking at a D.C. representatives. Others centralize ing families. level of expenditure that so far out- authority with their president. Others If we believe in the constitution right strips the participation of unions that operate through special boards or com- to free association, we cannot support the real objection of some of our col- mittees. this amendment. If we believe in the leagues is not the money; it is the fact It is not Congress’s business to dic- rights of working families to be heard, that people, voters, actually go out and tate to these organizations how they we cannot support this amendment. get engaged in the system in a way make their internal spending decisions. And if we believe in fundamental and that shareholders don’t. That is their business. And that is how equitable campaign finance reform, we What they are trying to do is legisla- it should be. cannot support this amendment. tively strip away the capacity of those

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4199 people to be able to participate to the gard to campaign finance reform indi- stock change hands each week—bil- full extent of our democratic process. cating he is committed to working lions. Apparently, it would be nec- The Supreme Court of the United with the Congress to ensure that fair essary to get the permission of every States made it clear in Communication and balanced campaign finance reform shareholder. Workers of America v. Beck—in the legislation is enacted. He specifically What about people who own shares in Beck decision—when it said that referred to a desire to have a balance corporations through mutual funds? unions can’t, over the objection of a between unions and corporations in the How are their rights protected? Actu- dues-paying nonmember employee, United States. ally the amendment says that ‘‘with- spend funds collected from those ac- Apparently Senator HATCH’s amend- out the separate, prior, written vol- tivities unrelated to collective bar- ment is an attempt to do that. But as untary authorization of a stockholder, gaining. They cannot use that money has been effectively pointed out by it shall be unlawful for any corporation in politics already. Senator LEVIN, it doesn’t accomplish described in this section to use funds That decision has been properly codi- that. It isn’t balanced. It isn’t parity. from its general treasury for the pur- fied in this legislation by Senators The distinguished Senator from Massa- pose of political activity.’’ So perhaps MCCAIN and FEINGOLD. Here we are chusetts pointed out when it comes to this provision only requires corpora- codifying Beck and restricting the ca- the balance between unions and busi- tions to get the permission of one pacity of the nonmember employee, ness in the country, this amendment stockholder. dues-paying employee. What the legis- doesn’t even apply to 99.7 percent of But if that is what it means, if it lation seeks to do in reading several the businesses in the country. does not apply to billions of stock- sections of it, sections (B), (C), and (D) It is an interesting technique to talk holders, which would be unworkable, of section 1, is show it is specifically about balance between unions and cor- and only requires the consent of one targeted to internal and external com- porations but not include many other stockholder, it would be a sham like munications relating to specific can- kinds of organizations as well. the earlier proposals. didates. That is the kind of commu- What is even more troubling is the I take the Senator from Utah at his nication that takes place in the union. point made by the Senators from word, that he is trying to be even- It doesn’t take place among share- Michigan and Massachusetts. The defi- handed, trying to cover unions and cor- holders. nition of ‘‘political activity’’ is by no porations equally. But if his proposal Internal disbursements, to operate means balanced between what corpora- actually works, the Senator from Utah and solicit contributions—likewise, not tions do and unions do. This needs to has singlehandedly rewritten the law of a shareholder participation. be reiterated. There are four kinds of corporations in this amendment. Cor- Voter registration drive, et cetera. activity listed. Two of the activities porate shareholders generally have lit- What it specifically seeks to do is re- are activities in which at least at this tle ability to influence corporate pol- strain those activities which our col- point only unions participate, and a icy and practices. The officers and di- leagues don’t like because they are par- third is defined in a circular way which rectors of a corporation do that, and ticipating in the process, and it doesn’t means that it probably doesn’t apply to they are responsible and have a legal achieve parity with the corporate sec- the kind of disbursements for tele- duty to their shareholders to do it. If tor—and, I might add, places a burden vision or radio that corporations do. this amendment actually works—and I on the corporate process, which is ab- The fourth activity refers only to exam very skeptical that it does—then solutely not workable. press advocacy, which unions and cor- before this vote, corporate America I don’t see how it is possible for corporations can only do through their should be descending on this body en porations to make the kinds of divi- PACs. masse within an hour or so. sions that are called upon in this legis- The Senator from Michigan has it Lots of representatives of corporate lation. It would require a constant right. He said it is purely paper parity America oppose this bill now, but if tracking of new shareholders, a con- between corporations and unions. What this bill passes, every corporation in stant recalculation of their ownership he said is not only alliterative, it is America will oppose it. This provision stakes. Shares are traded daily on the dead right. This amendment is purely would be a disaster for corporations if stock market. Corporations would have paper parity. it works in that way. to collect and process spending author- Even the President of the United Aside from the problems with this ization from those daily changing States’ principles and desire that we amendment that the other speakers shareholders. And, finally, the corpora- create a balance between unions and have very well pointed out, our Beck tions would have to pay additional corporations are not achieved by the provision addresses the issue of the use dividends or other financial benefits to Hatch amendment. of union dues for political purposes. shareholders who refuse to authorize I compliment the Senator from Utah The real problem with this amendment corporate and political legislative for attempting to do this. On its face, is that this is a poison pill to this bill. spending. the amendment is not as one-sided as It fits the definition of a poison pill to It is completely unworkable on the some that have been offered in the a tee. corporate side, but it is not meant to past. For example, one previous amend- If this amendment passes, reform is be workable. It is clearly meant to be ment on this subject said that any dead. I am confident that we will de- a restraint on the capacity of a vol- union or corporation that charges its feat it despite the herculean efforts of untary association under the Constitu- members dues is covered by the provi- the Senator from Utah to cover cor- tion to be able to participate in the sion. But, of course, no corporation in porations and unions equally because a electoral process in a way not denied to America charges dues. sugar-coated poison pill is still a poi- any number of other groups in our Nonetheless, let’s be serious. Is there son pill. When the sugar wears off, and country. anybody in this body who really be- it will wear off pretty quickly on this I think our colleagues ought to join lieves that this provision will actually amendment, as we have seen, the poi- together because this is an amendment work? This amendment supposedly son underneath will kill this bill. calculated to try to undo the McCain- would require every corporation in It is essential for the sake of this Feingold concept, and particularly cal- America to get the permission of its campaign finance reform effort that culated to establish a playing field that shareholders before it spends money for this amendment be tabled. is not level. political activities. That is ludicrous. The PRESIDING OFFICER. The Sen- Mr. DODD. I yield 5 minutes to my Corporations have millions of share- ator from Kentucky. colleague from Wisconsin. holders. Their identity changes every Mr. MCCONNELL. Mr. President, the Mr. FEINGOLD. Mr. President, the day. The Senator from Massachusetts arguments about the mechanics of the President of the United States, Presi- made this very clear—how could you Hatch amendment are a sham. The Se- dent Bush, issued a statement with re- possibly do this? Billions of shares of curities and Exchange Commission has

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4200 CONGRESSIONAL RECORD—SENATE March 21, 2001 managed to figure out ways to deter- General Counsel has settled many Beck I do not know how many more speak- mine who is a shareholder and when, so charges with no real relief for the charging ers we have. that shareholders can be sent annual employees. The Board’s Regional Directors How much time do I have remaining? have refused to issue complaints on and dis- The PRESIDING OFFICER. Eight statements and proxies. Regulators are missed many other charges at the direction quite capable of handling these issues. of the General Counsel. No appeal from a dis- minutes. The other side has 29 minutes. There has been mentioned on the missal of a charge is possible, because the Mr. MCCONNELL. I reserve the re- floor, ‘‘the appearance of corruption.’’ General Counsel has ‘‘unreviewable discre- mainder of my time. Let me ask a question. Why does it cre- tion to refuse to institute unfair labor prac- Mr. DODD. Mr. President, I yield 5 ate the appearance of corruption for a tice proceedings.’’ . . . minutes to the distinguished Senator union or citizen group to run an ad The Lawyer continues: from New York. criticizing our voting records around Thus, by vesting Beck-enforcement author- How much time remains for the oppo- election time, such that it justifies reg- ity in the NLRB, the McCain-Feingold-Coch- nents? The PRESIDING OFFICER. The op- ulation under the Snowe-Jeffords lan- ran amendment to the NLRA would leave no real remedy available to objecting employees ponents have 29 minutes remaining. guage that is in the underlying who wish to bring Beck claims that a union’s The PRESIDING OFFICER. The Sen- McCain-Feingold bill, but it does not spending of compulsory dues or fees, or its ator from New York. create the appearance of corruption of objection procedure, breaches the duty of Mr. SCHUMER. Mr. President, I the process for that same soft money fair representation. Section 304 of McCain-Feingold-Cochran, if thank the Senator from Connecticut. from advocacy groups and unions to be Mr. President, I rise to oppose the used for phone banks, leaflets, mail- it becomes law, would legislatively overrule almost 40 years of decisions of the United amendment of my friend Senator ings, and other things designed to criti- States Supreme Court concerning what HATCH on so-called ‘‘paycheck protec- cize candidates and influence elec- union activities objecting nonmembers may tion.’’ tions? be compelled to subsidize . . . All of us know the purpose of this This is absurd. Remember when you Far from codifying Beck, this under- amendment. It is, quite simply, to kill hear the words ‘‘poison pill,’’ you know lying bill basically neutralizes Beck. McCain-Feingold, pure and simple. it is an amendment that may have Section 304 of McCain-Feingold-Cochran The proponents of this amendment some impact on organized labor. purports to limit the use of compulsory won’t vote in favor of McCain-Fein- It has been suggested by the sponsors union dues and fees. In fact, it is craftily gold. They just want to diminish the and others that the Beck decision, drafted to overrule the Supreme Court’s in- number of Democrats voting for terpretation of the federal labor laws and which of course applied to nonunion McCain-Feingold and thereby have it members working in union shops, was sanction the use, now prohibited, of compulsory dues and fees for a broad range of polit- fail. codified in the underlying McCain- ical, ideological and other non-bargaining In reality, the actual reason for this Feingold bill. purposes. amendment is simply to end campaign I have a statement from the lawyer Section 304 effectively would overrule the finance reform as we know it today. who represented Mr. Beck in that case, Court’s decisions in Ellis and Beck for em- If the proponents of this amendment dated January 30 of this year. He said: ployees forced under the NLRA to pay union wanted to move the issue forward, they dues and fees to keep their jobs, because sec- I have reviewed section 304. As one of the wouldn’t do it as part of campaign fi- tion 304 does not prohibit the use of compul- attorneys for the nonmembers in Beck, and sory dues for all activities unnecessary to nance because this amendment has ab- objecting nonmembers in several cases fol- the performance of a union’s duties as the solutely nothing to do with campaign lowing Beck, I can assure you that section exclusive bargaining agent for the objecting finance. 304 of McCain-Feingold-Cochran does not employees’ bargaining unit. Rather, section This amendment is about the way codify Beck. It would gut Beck. 304 prohibits the use of compulsory union unions and corporations govern them- The federal courts and the National Labor dues only for ‘‘political activities unrelated selves, a subject we should debate sepa- Relations Board (‘‘NLRB’’) now both have ju- to collective bargaining.’’ Section 304, if en- risdiction over claims of misuse of compul- rately. acted, thus would permit the use of compul- I ask those who are proponents of sory dues for political and other nonbar- sory funds for union organizing, litigation gaining purposes. The jurisdiction is concur- not concerning the nonmembers’ bargaining this amendment if their goal is not to rent, because such claims are claims for unit, and the portions of union publications kill the underlying bill, they should breach of the ‘‘judicially created duty of fair that discuss those subjects, uses now prohib- then withdraw the amendment and representation’’ owed to workers by their ex- ited under Ellis and Beck. move it forward in the appropriate clusive bargaining agents . . . Even worse, section 304 would repudiate committees as part of corporate gov- The Lawyer goes on: the 1961 decision in Street that no political ernance and governance of labor and ideological activities may be subsidized However, section 304 of McCain-Feingold- unions. with compulsory dues and fees. Section 304 Cochran would amend section 8 of the NLRA would not prohibit the use of compulsory Let us be clear about the actual sub- expressly to make it an unfair labor practice funds for all political activities, but only stance. It is, as many have already said for a union to ‘‘not to establish and imple- ‘‘political activities unrelated to collective on other occasions, ‘‘paycheck decep- ment [an] objection procedure’’ by which bargaining,’’ which it defines as only ‘‘ex- tion’’ to claim that union members get nonmembers compelled to pay dues as a con- penditures in connection with a Federal, dition of employment can obtain a reduction railroaded into paying for speech with State, or local election or in connection with in their dues for ‘‘expenditures supporting which they disagree. efforts to influence legislation unrelated to political activities unrelated to collective In reality, all of us know people are collective bargaining.’’ (Emphasis added.) not forced to join unions. Unions are bargaining.’’ This definition would not prohibit the use of If this amendment to the NLRA becomes compulsory dues and fees for political party voluntary associations that members law, then the courts are likely to hold that activities not in connection with an election, are free to quit the second they dis- Congress intended to oust the courts of juris- lobbying on judicial and executive branch agree with the union’s political activi- diction to enforce the prohibition on such appointments, campaigning for and against ties. 5 spending. That would leave individual work- ballot propositions, and publications and That is the essential freedom. If the ers with no effective means of enforcing public relations activities on political and freedom went any further, we would their Beck rights, as history ideological issues not directed to specific demonstrates... have no voluntary organizations in legislation. Moreover, because most legisla- America, and we probably wouldn’t Further in the statement the lawyer tion on which unions lobby could be said to have a democracy. points out: be ‘‘related to collective bargaining,’’ the McCain-Feingold amendment would effec- To say that people are coerced by an Many Beck cases do not even make it to tively prohibit the use of compulsory dues organization that they can quit at any the Board, because the NLRB’s General and fees only for and against candidates for moment because they do not get the Counsel does not prosecute them vigorously. public office . . . According to the National Right to Work majority vote, there would be strong Legal Defense Foundation’s Staff Attorneys, Mr. President, you get the drift. Beck objection to any legislative body, in- who have represented most employees who is effectively repealed by the under- cluding this one, as there would be to have filed Beck charges with the Board, the lying McCain-Feingold legislation. unions.

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4201 Even those who quit, of course, would We do not hear that kind of vehe- claims. For those of us who disagree be represented by the union by paying mence and even venom. But the argu- with the intent of the amendment, agency fees. ment for union democracy is probably there are deeper reasons why this For that reason, the first amendment greater than that of corporate democ- amendment ought to be rejected. First, argument advanced by the proponents racy. there is no parity. That is what my col- of this amendment is, quite frankly, a Shares in corporations are alienable league from New York was suggesting. red herring. and change hands in virtually instanta- Whether people like unions or not, There are people in this country and neous transactions millions of times they are democratic institutions. in this body who just do not like each day. There are laws which govern how union unions. So they argue with the struc- To pretend that shareholders who officials are elected. They may not al- ture of the union, and the very same buy and sell their shares so readily are ways perfect elections. There have been structure of an organization that they analogous to members for the purpose some highly flawed elections. Re- like, they don’t argue with at all. of consenting to political speech is just cently, we went through one nationally The first amendment rights of mem- not a serious argument. where there was great controversy of bers are not transgressed when unions That is why it just isn’t workable to one particular international union. engage in political activity because try to include corporations, and why, Members of that union protested loud- they chose to associate themselves my colleagues, this is just an anti- ly over how that election was con- with the speech. It’s that simple. union measure from start to finish that ducted. Moreover, unions are democratic or- should be debated in the Health, Edu- But, fundamentally, they are demo- ganizations. cation and Labor Committee and put cratic institutions where the members Our friends on the other side of the to its proper death. get to decide a number of things. They aisle would have you believe that union Incidentally, also, other associations decide whether or not to form a union. bosses are making unilateral decisions similar to labor unions, such as the They decide who their officials will be in smoke-filled rooms that flout the Chamber of Commerce, aren’t covered by secret ballot. They have rights to will of their members and stifle their by this amendment. access of information about union fi- first amendment rights. In sum, I urge Members to vote nances and operations. Under the law, That very argument has been made against this amendment and see it for they are required to have that access. by Communists and fascists about this what it is—a poison pill that has noth- Union rules are applied on an equal body and about our democracy. They ing to do with union members’ rights basis. Now, there are problems that vote. They set their own dues. Not ev- but everything to do with defeating occur in the breach, but the law re- erybody gets his or her way because a campaign finance reform. quires it. majority vote prevails. I thank my colleague and yield back If you change the word from ‘‘union’’ It makes no sense to castigate unions the time I may have remaining. to ‘‘corporation,’’ the workers in a cor- for engaging in the same majority rule Mr. DODD. Mr. President, I know my poration do not have the right to orga- upon which our country is founded. I colleague from Oklahoma wishes to be nize themselves per se. They do not argue that the reason we hear this ar- heard. I want to take a couple of min- elect their officials, the management gument is not because of any greater utes. I will be glad to give him what- team. Access to information of fi- devotion to democracy but because of ever time he needs. I would like to re- nances is not legally required to be dislike and even hatred of unions. How serve 4 minutes at the end of the de- made available to all the employees. dare these union organizations force bate. The rules apply differently than from employers to pay more than the em- How much time remains? unions. Corporations are hierarchical ployer wants to pay. But, my col- The PRESIDING OFFICER. A little structures. They could not function leagues, that argument went out if not over 21 minutes. otherwise. I am not suggesting it ought in the 1890s, in the 1930s. Mr. DODD. I will take about 5 min- to be, but to suggest that unions and We all know union members elect utes. My colleague from Oklahoma corporations are sort of parallel orga- their own leaders, and they set their wants 5 or so minutes, if he would like, nizations is to fly in the face of factu- own dues. Not every member of the and others may show up. I would like ally what exists. union is satisfied with the election. In to reserve the last 4 minutes to share So there is a significant difference almost every vote we take here not some of that time with my colleague between how a union is organized, how every Member is satisfied with the out- from Kentucky, if he needs it, or any- it functions, and how a corporation come of the vote. one else who may come over. functions. Despite, again, what my col- If the union wants to change leaders Senator SCHUMER from New York leagues have said, there are 21 States and lower their dues to foreclose polit- made a very compelling and sound ar- in this country where people who are ical expression, they are, of course, free gument against this amendment. nonunion members still get the bene- to do so. First of all, I know it is something fits of what unions are collectively That they have not done that on the Members do with great frequency. If able to bargain for. Nonunion members whole is an indication that members’ you read this amendment, it is terribly get a free ride on the coattails of col- free speech rights are not being vio- complicated. It almost seems to be a lective bargaining agreements in 21 lated in the wholesale way alleged by flawed amendment. I get the thrust of States in this country. our friends on the other side. what I think the Senator from Utah Further, there are laws in place to Now, the sponsor of this amendment wants to do, but I am not sure, even if ensure that nonmembers in the 29 free- has commendably made the attempt— it were adopted, it achieves the results bargaining States can confine their unlike some past versions of this—to that he desires with the language he payments to what is directly related to include at least publicly held corpora- has crafted. It is rather complicated. In collective bargaining, contract admin- tions. fact, the modification that the Senator istration. That is in 29 States in this For one thing, I do not hear the from Utah made may even complicate country. venom directed at publicly held cor- it further, as I read it. There have been a bunch of different porations that make decisions and Just on a first blush, if you look at States that have tried to do what the spend their money on ads when certain this, the amendment itself probably Senator from Utah wants to do. Every shareholders disagree with those deci- should be recrafted in a way. So it one of these States rejected it. Only sions. Shareholders can go to the cor- ought to be rejected merely on tech- one has it—ironically, the State of porate meeting, voice their objections, nical grounds. Utah—and that State has not made a and they probably have even less Even for those who may support what determination yet as to whether or not chance as an individual union member he wants to do, I do not believe this this paycheck deception, as I call it, is of changing things. amendment does what the author going to become the law of the land.

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4202 CONGRESSIONAL RECORD—SENATE March 21, 2001 Our colleagues in the State legisla- cation. Make no mistake, there are Mr. NICKLES. I will do that. tive bodies have rejected this. The people who disagree with them. And Mr. President, I mention to my courts have rejected this as being un- they wish the unions would just be friend from Connecticut, I happen to constitutional as well. quiet and go away and stop speaking agree with him. The corporate side of Unions are the only member organi- out on these issues and stop getting this would not work. I read the lan- zations that have to give their mem- themselves involved in the political guage. It is the second time today I bers the option of receiving all the eco- life of America. I appreciate their de- have read the language. The other time nomic benefits of membership whether sire to have that occur, but that is not I read the language was in relation to they are actually members. So whether right. It is not how America functions. the amendment dealing with broad- one likes unions or does not like them, It is not what we ought to codify as casting. there is a fundamental difference. To new law. All of a sudden we are giving gifts to suggest somehow we are going to Whatever else one thinks about politicians to the tune of—if you are achieve parity, that is not the case. McCain-Feingold—and despite the fact from a large State, such as New York, On the issue of shareholders, despite I agree with my colleague from Wis- New Jersey, or California, the previous the fact there has been a tremendous consin, if this amendment were adopt- amendment gave a gift to politicians in and healthy explosion of involvement ed, it would virtually act as a ‘‘poison the millions of dollars. And that was in by average citizens purchasing stocks pill’’ and kill this bill. To the extent the language. The language in this in America in the last 10 years—While people are interested in campaign fi- amendment, regretfully—I have the I do not have the exact percentage nance reform, the adoption of this greatest respect for my colleague from today of Americans who own stock, amendment would, for all practical Utah, but I do not think the corporate own a piece of equity in American busi- purposes, destroy the fine effort that side is workable. ness, I would estimate it to be approxi- has been waged by the Senator from I heard people say: We want to have mately around 70 percent. It is a won- Arizona and the Senator from Wis- voluntary campaign contributions that derful, new statistic in terms of peo- consin to achieve campaign finance re- should apply to the unions and busi- ple’s participation economically in form. nesses. But no one is compelled to be a their own independence. But a substan- If this amendment were adopted, stockholder. tial part of stock that has been pur- aside from that issue, it would be a My friend from Connecticut men- chased is purchased through mutual major setback, in my view, for millions tioned, you may happen to own a mu- funds. There are individual buyers, but and millions of working people in this tual fund. This is absolutely impossible a lot of it is done through large inves- country who want their voices heard, to enforce. But I also say there is a big tors or larger conglomerates, if you want the issues they care about to be difference between stockholders and will. on the table when politics is being dis- employees. And the reason why we However, when you start breaking cussed and candidacies are being de- called the original one paycheck pro- this out and start to decide how a cided. tection is because unions are actually shareholder would vote on whether or For those reasons, and others taking money away from individuals not corporate funds ought to be used brought up today, I respectfully say to on a monthly basis many times to the for political activities—I do not think I my friend from Utah that this amend- tune of $20 or $30 a month, and in 29 have to say much more—you are enter- ment would be more properly with- States, in many cases, taking away ing a morass of problems on how you drawn for the reasons I said at the very that money without their approval. Oh, divide the percentages of corporate eq- outset of the discussion. Notwith- they may not join the union, but they uity based on a corporation’s political standing all of the above, the amend- still have to pay agency dues, agency involvement. You are literally putting ment ought to be defeated. And I urge fees. a sign around almost every corpora- my colleagues to do so when the vote A lot of that money is used for polit- tion’s neck saying: Indict me. Because occurs. ical purposes. That part of the amend- I do not know how you do it without With that, I yield the floor. ment I happen to agree with whole- getting yourself into trouble. The PRESIDING OFFICER. The Sen- heartedly. That is the amendment I It seems to me, this bill is a step in ator from Oklahoma. wish we were voting on, not this one the wrong direction. In a bill where we Mr. NICKLES. Mr. President, it is that confuses corporate, where you are trying to reduce the amount of with some regret I rise in opposition to have to get shareholders’ approval, who money, the proliferation of soft-money this amendment. I tell my friend and voluntarily purchase stock, because dollars, in politics, to try, all of a sud- colleague from Connecticut, I happen that is not workable. den, to engage in a debate that is un- to agree with him on the portions of It is workable to say, before you take workable, and as the amendment is his debate alluding to the corporate money out of a worker’s paycheck to currently crafted, it is unworkable— side of this, trying to say that stock- the tune of $25 a month, if that indi- and even if it were well crafted—I holders would give approval—for the vidual does not want their money to be think this is fundamentally a step in information of the Parliamentarian, I used—maybe $5, $10, $15 a month—for the wrong direction and does not fur- am on the time of the Senator from political purposes, they should have a ther the overall goals of this bill. Connecticut. I see the Parliamentarian veto. They should be able to say: No, My colleague from New York said it is having a hard time deciphering that. don’t take my money. well. If corporate America thought this I am not often on the side of my friend No one should be compelled to con- amendment was going to be adopted, it from Connecticut, but at this time I tribute to a campaign in the year 2001 would be banging down the Senate will use his 5 minutes. in the United States. Yet we have mil- doors. The idea that they should be Mr. DODD. Mr. President, I hope the lions of Americans who are given no treated exactly like unions is not world notes and records this moment. I choice. Some people have said this is a something that corporate America thank my colleague. killer amendment, that it is a poison would welcome. The PRESIDING OFFICER. For the pill to kill the bill. I disagree whole- Here make no mistake, again there record, the Senator from Connecticut heartedly. I was a principal sponsor of appears to be a lot of animosity here, a wants to be notified when there are 4 that original paycheck protection lot of venom, a lot of anger over the minutes remaining? amendment. I still am. I believe very fact that organized labor fights on be- Mr. DODD. I think my colleague said strongly no one should be compelled to half of their people. They fight for a he needs 5 minutes. I will give him 10 contribute to a campaign against their Patients’ Bill of Rights. They fight for minutes. If he uses less, let me know. will, period. We want to encourage par- prescription drug benefits. They fight The PRESIDING OFFICER. There ticipation. We don’t want to mandate for a minimum wage increase. They are 12 minutes left. it. We don’t want to take money away fight to improve the quality of edu- Mr. DODD. Better make it 8. from an individual, use it in a way they

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4203 don’t like, and then say: If you want I hope we will have a chance to vote The PRESIDING OFFICER. Without to, you might file for a refund. on paycheck protection, voluntary objection, it is so ordered. That is the Beck decision. I think we campaign contributions for all Ameri- The Senator from Arizona. should strike the Beck provision. I cans. I do believe that the language Mr. MCCAIN. Mr. President, I move agree entirely with the Senator from that deals with the corporate side of to table amendment No. 134, and I ask Kentucky. The Beck provision in the this is not workable and does not have for the yeas and nays. underlying bill is a fraud. It should not anything to do with voluntary cam- The PRESIDING OFFICER. Is there a be in there. It doesn’t protect workers; paign contributions. I say that with sufficient second? it doesn’t codify Beck. It dilutes it, if great regret because I have the great- There appears to be a sufficient sec- it does not totally eviscerate it. It est respect for my colleague from Utah. ond. The clerk will call the roll. needs to be deleted. We will wrestle I also want to address one other issue The legislative clerk called the roll. with that amendment later. I don’t very quickly. That is the issue with The result was announced—yeas 69, want to confuse the two. Beck. My friend from Kentucky men- nays 31, as follows: Paycheck protection is important. It tioned that the Beck language in the [Rollcall Vote No. 43 Leg.] is important for those millions of underlying bill needs to be taken out. I YEAS—69 workers in 29 States that are compelled agree wholeheartedly. I hope we will Akaka Domenici Levin to join a union. If they object to the have bipartisan support. People who Baucus Dorgan Lieberman union and resign their membership in said they wanted to codify the Beck de- Bayh Durbin Lincoln the union, they still have to pay agen- cision, this does not codify it, it Biden Edwards McCain Bingaman Ensign Mikulski cy fees. Agency fees can be in excess of changes it, changes it dramatically. To Boxer Feingold Miller $20 a month. Much of that money, me, that is not right. I don’t think it is Breaux Feinstein Murray maybe half, maybe more, is used for right for us to say verbally it codifies Byrd Fitzgerald Nelson (FL) political purposes against their will. Beck when it takes worker protections Campbell Graham Nelson (NE) Cantwell Hagel Nickles Those hard earned dollars may be used and actually guts the Beck decision. I Carnahan Harkin Reed for political purposes maybe they don’t hope that at a later point, not to con- Carper Hollings Reid agree with, money that goes to can- fuse it with this amendment, but at a Chafee Hutchinson Rockefeller didates campaigning against a tax cut, Cleland Hutchison Sarbanes later point my colleagues will join Clinton Inhofe Schumer maybe campaigning to take away their those of us who would like to see that Cochran Inouye Snowe right to own firearms, maybe very lib- language removed from the underlying Collins Jeffords Specter eral positions with which they don’t bill. Conrad Johnson Stabenow agree. Corzine Kennedy Stevens I thank my friend and colleague from Daschle Kerry Thompson You might ask: Where did Paycheck Connecticut for the time and also my Dayton Kohl Torricelli Protection come from? I began this friend and colleague from Kentucky DeWine Landrieu Wellstone fight because an American Airlines who I think has handled this bill quite Dodd Leahy Wyden union member came up to me and said well. NAYS—31 that his money was being used for po- The PRESIDING OFFICER. There Allard Gramm Santorum litical purposes that he was against it, are 7 minutes 23 seconds remaining for Allen Grassley Sessions totally, and he couldn’t do anything the proponents, and 6 and a half min- Bennett Gregg Shelby about it. I told him I would try to help Bond Hatch Smith (NH) utes for the opponents. Brownback Helms him. I told him I will try to pass legis- The Senator from Kentucky. Smith (OR) Bunning Kyl Thomas C lation to have voluntary campaign con- Mr. M CONNELL. Before the Senator Burns Lott Thurmond tributions for everybody in America. from Oklahoma leaves the floor, I want Craig Lugar Voinovich Crapo McConnell him to know he has our great admira- Warner That shouldn’t be too much to ask for. Enzi Murkowski That is the genesis of paycheck protection. He is the one who thought of pay- Frist Roberts check protection. He outlined the his- tion. This motion was agreed to. I hope maybe we will have a chance tory of it a few moments ago. I under- Mr. DODD. I move to reconsider the to vote on that. I hope we will find out, stand we will not have his vote on this vote by which the motion was agreed are people really for voluntary cam- offering because, as he knows, we were to. paign contributions. Unfortunately, trying to meet the objections of some Mr. MCCONNELL. I move to lay that the amendment we have before us does of those on the other side who have motion on the table. much more than make a campaign con- said for years: You ought to apply it to The motion to lay on the table was tributions voluntary. So maybe at a corporations as well as unions. We did agreed to. later point in the debate—we still have that. It looks as though we are not Mr. MCCONNELL. I ask unanimous a week and a half left—maybe we can going to get any of their votes anyway. consent, following the debate tonight vote on voluntary campaign contribu- I do credit the Senator from Okla- on the pending Hatch amendment, the tions. That is this Senator’s purpose. homa. This is his piece of work origi- For someone to say this is a poison nally. I hope at some point in the de- Senate then resume consideration of pill because organized labor doesn’t bate he will offer the amendment with- the amendment beginning at 9 o’clock want it is nonsense, do we should just out the corporate provision. I certainly in the morning, and there be 30 min- give a special interest a blank check— would vote for it. I think many Mem- utes of debate remaining, equally di- do we let them veto anything that we bers would. It deals with a very real vided, in the usual form. Finally, I ask present on the floor of the Senate? I problem in the American political sys- consent that following the use or yield- don’t think so. Organized labor forcibly tem. ing back of time, the Senate proceed to confiscates hundreds of millions of dol- I think we are essentially through a vote on or in relation to the amend- lars for political purposes. Organized with the debate, I say to my friend ment. labor put in at least $300 to $500 million from Connecticut. The PRESIDING OFFICER. Without in the last campaign cycle. That is a Mr. DODD. If my colleague will yield, objection, it is so ordered. lot of money. Let them participate, but we are prepared to yield back whatever AMENDMENT NO. 136 it just should all be done with vol- time we have remaining. If that would Mr. HATCH. I send an amendment to untary campaign contributions. be the case, then I think a motion to the desk. Likewise, if businesses are raising table would be made, and we could The PRESIDING OFFICER. The money for political action committees, move on. clerk will report the amendment. that should all be done on a voluntary Mr. MCCONNELL. I yield back the The assistant legislative clerk read basis. Nobody should be compelled to time on this side. as follows: contribute to a campaign in the year Mr. DODD. I yield back our time as The Senator from Utah [Mr. HATCH] pro- 2001. well. poses an amendment numbered 136.

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4204 CONGRESSIONAL RECORD—SENATE March 21, 2001 Mr. HATCH. I ask unanimous consent the report shall identify the candidate for and corporations will enjoy an even reading of the amendment be dispensed public office on whose behalf disbursements greater confidence level in their deci- with. were made or the political cause or purpose sionmaking. Mr. KENNEDY. Reserving the right for which the disbursements were made. On the other hand, if employees and ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— shareholders might not like what they to object—I don’t intend to object— The report under subsection (a) shall also does the Senator have copies of the list all contributions or expenditures made see, is that any reason they should not amendment? by separated segregated funds established see it? Is it too onerous? No. After the Mr. HATCH. I understand your side and maintained by each labor organization numerous paperwork burdens that this has copies. or corporation. Congress has freely imposed on small Mr. DODD. I say to my colleague, ‘‘(c) TIME TO MAKE REPORTS.—A report re- businesses and all taxpaying citizens, there is a copy we can get. quired under subsection (a) shall be sub- how can any of us object to ensuring Mr. KENNEDY. I have a copy. mitted not later than January 30 of the year that workers, teachers, janitors, elec- The PRESIDING OFFICER. Is there beginning after the end of the election cycle tricians, and others are informed about that is the subject of the report. objection to the dispensing of the read- ‘‘(d) DEFINITIONS.—In this section: how their dues are being spent on the ing of the amendment? ‘‘(1) ELECTION CYCLE.—The term ‘election most fundamental of all American ac- Without objection, it is so ordered. cycle’ means, with respect to an election, the tivities, the political process? The amendment is as follows: period beginning on the day after the date of I doubt anyone would suggest that (Purpose: To add a provision to require dis- the previous general election for Federal of- unions, even at the local level, do not closure to shareholders and members re- fice and ending on the date of the next gen- keep these records anyway. How else garding use of funds for political activi- eral election for Federal office. can an organization that represents ties) ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- employees be effective and account- ical activity’ means— On page 37, between lines 14 and 15, and in- ‘‘(A) voter registration activity; able, if it does not even know how the sert the following: ‘‘(B) voter identification or get-out-the- dues and fees collected from the em- SEC. 305. DISCLOSURE OF DISBURSEMENTS OF vote activity; ployees it represents are being ex- UNION DUES, FEES, AND ASSESS- pended? MENTS OR CORPORATE FUNDS FOR ‘‘(C) a public communication that refers to POLITICAL ACTIVITIES. a clearly identified candidate for Federal of- Should we have the same require- Title III of the Federal Election Campaign fice and that expressly advocates support for ments also be applied to corporations Act of 1971 (2 U.S.C. 431 et seq.) is amended or opposition to a candidate for Federal of- that give this type of information to by inserting after section 304 the following: fice; and their shareholders? There is not the ‘‘(D) disbursements for television or radio ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF same problem there, but why not, if UNION DUES, FEES, AND ASSESS- broadcast time, print advertising, or polling that is what my colleagues think is for political activities.’’ MENTS OR CORPORATE FUNDS FOR fair? My amendment therefore covers POLITICAL ACTIVITIES. Mr. HATCH. Mr. President, this ‘‘(a) IN GENERAL.—Any corporation or not only labor unions but also corpora- amendment is simple, and straight- tions for this simple disclosure require- labor organization (including a separate seg- forward. It does not attempt to codify regated fund established and maintained by ment. such entity) that makes a disbursement for the Beck case that we debate year- This amendment represents only one political activity or a contribution or ex- after-year on the Senate floor. There is simple, straightforward question: penditure during an election cycle shall sub- nothing complex or legalistic about it. Should an employee be left in the dark mit a written report for such cycle— Frankly, like the section 527 bill we on how his or her union dues and fees ‘‘(1) in the case of a corporation, to each of passed last year, we simply require dis- are being spent in the political process? its shareholders; and closure. This amendment is the most modest of ‘‘(2) in the case of a labor organization, to This is a modest measure of funda- each employee within the labor organiza- beginning steps we can take to bring mental fairness. It is a simple right-to- common sense or reform to our cam- tion’s bargaining unit or units; know amendment. The right of Amer- disclosing the portion of the labor organiza- paign laws. ican workers and shareholders who pay Finally, let me add one more impor- tion’s income from dues, fees, and assess- dues and fees to unions and corpora- ments or the corporation’s funds that was tant point. Everyone knows that the expended directly or indirectly for political tions that represent them, to know corporate world represents share- activities, contributions, and expenditures how their money is being spent for cer- holders and not individual dues-paying during such election cycle. tain political purposes, causes, and ac- members. Everybody knows the cor- ‘‘(b) CONTENTS.— tivities. It does nothing more than re- porate world does not do the collateral ‘‘(1) IN GENERAL.—The report submitted quire a report by labor organizations campaign work that the unions do with under subsection (a) shall disclose informa- and corporations to be given to the dues-paid money. It is hardly the same tion regarding the dues, fees, and assess- shareholders and workers represented ments spent at each level of the labor orga- situation. That most likely is the rea- nization and by each international, national, by unions. This shows how much of son why some of my colleagues did not State, and local component or council, and their money is being spent in the polit- vote for the preceding amendment. each affiliate of the labor organization and ical process. But the distinguished Senator from information on funds of a corporation spent As we all know, part of the debate Massachusetts has in the past raised a by each subsidiary of such corporation show- here has been the use of these types of fair point. If we include the unions, ing the amount of dues, fees, and assess- money that never have to, because of why should we not include the corpora- ments or corporate funds disbursed in the the loophole in the Federal election tions? These are not reporting require- following categories: laws, be seen on the reports or be re- ments that are onerous or burdensome. ‘‘(A) Direct activities, such as cash con- ported by those who received benefits tributions to candidates and committees of This amendment is about basic fair- political parties. from union expenditures. ness, and I hope all my colleagues will ‘‘(B) Internal and external communications I have to say this amendment does support it. Basically, it allows individ- relating to specific candidates, political not impose overly burdensome or oner- uals that are shareholders or members causes, and committees of political parties. ous requirements on corporations or of a labor organization the right to ‘‘(C) Internal disbursements by the labor unions. This is basic information, and know how their money is spent in the organization or corporation to maintain, op- it should be freely provided. American electoral process. erate, and solicit contributions for a sepa- I cannot believe that either union or I think this is a fair amendment, it is rate segregated fund. corporate leadership has a legitimate a decent amendment, it is fair to both ‘‘(D) Voter registration drives, State and interest in keeping secret what polit- sides. It just requires simple disclosure. precinct organizing on behalf of candidates ical causes and activities employee and committees of political parties, and get- Why not? out-the-vote campaigns. dues, fees, or earnings are being spent I yield the floor. ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For to support. If employees or share- Mr. DODD. Mr. President, does my each of the categories of information de- holders learn how their money is being colleague from Arizona wish to be scribed in a subparagraph of paragraph (1), spent in the political process, unions heard on this?

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Mr. MCCAIN. I would like 3 minutes. The Senator from Massachusetts? HATCH, or others who support this Mr. DODD. I yield 3 minutes to the Mr. KENNEDY. Mr. President, with amendment have against working fam- distinguished Senator from Arizona. all respect to my friend and colleague ilies and the working families’ agenda. Mr. MCCAIN. Mr. President, I thank from Utah, this really is no improve- Working families want an increase in Senator HATCH for an effort to do what ment over the earlier amendment. In the minimum wage, a Patients’ Bill of all of us agree is a fundamental of any many respects, it just continues the Rights, and additional funding in edu- campaign finance reform, and that is differentiation by which different cation. They want to make sure we full and complete disclosure. I regret groups are being treated, not just the have a sound and secure national secu- having to point out my opposition to corporations and unions but other rity. They want Medicare and Medicaid this amendment because it is my un- groups as well. to be enhanced. They want to improve derstanding this full disclosure of po- Again, I know my friend talked about worker training. They want to invest litical activity of both business and the drafting. He doesn’t need any lec- in continuing education and workforce labor is defined in the basic bill under tures from me. But I am confused be- training programs. I daresay that kind section (2) Political Activity, which cause the amendment is very unclear. of a program would be worthwhile at says: It says, for example, that ‘‘political ac- the present time. This is what their The term ‘‘political activity’’ means—(A) tivities’’ must be reported. If you look agenda is all about. voter registration activity; (B) voter identi- on page 5 it has ‘‘political activity’’ de- We are probably in some form of eco- fication or get-out-the-vote activity; (C) a fined. If you go to the term ‘‘political nomic crisis. And what we have from public communication that refers to a fairly activity,’’ it means, if you go to line 19, the administration is a tax bill which identified candidate for Federal office and ‘‘political activity.’’ isn’t an economic program; it is a tax that expressly advocates support for or opposition to a candidate for Federal office; and So you have political activity being bill that was basically devised over a [finally] (D) disbursement for television or defined as political activity. It is really year ago when we had entirely dif- radio broadcast time, print advertising or quite difficult to understand. ferent economic conditions. polling for political activities. We all know at the present time that I think the kinds of investment that The way I read this is most of these unions are subject to substantial re- working families have advocated in activities are conducted by labor porting and disclosure requirements. I terms of ensuring that we are going to unions and only one by corporations. have in my hand the disclosure require- invest in training programs, invest in So we have an imbalance here on re- ments. They are extensive. Unions education, invest in small business, en- quirements for disclosure. have to disclose PAC funds, all pay- hance research and training, and not There are many other things that are ments for express advocacy, and de- see further cuts in the National done by businesses and corporations tailed financial information. This goes Science Foundation, or other cuts in that need to be disclosed as well, in my far beyond what corporations today are the advanced technology program, view. Very few corporate activities are required to report. makes a good deal of sense. involved in voter registration activi- It is publicly available. For any of We hope this amendment is not ac- ties. Of course, unions are. The same those who have a viewpoint that is the cepted. In the earlier debate and dis- thing holds for voter identification or same as that of the Senator from Utah, cussion, we went through these and get-out-the-vote activity. Express ad- they can just go down to the Labor De- other provisions in careful detail. The vocacy is clearly not something that is partment where all these reports are amendment does seem to be one-sided, done a lot by businesses, nor is polling. on file. They are available to the pub- unfairly targeted, and completely un- I assure Senator HATCH of the fol- lic. necessary. lowing: We are working with Senator The case has not been made about I think the sponsors, Senator FEIN- SNOWE and with Senator COCHRAN and the inadequacy of the information that GOLD, and Senator MCCAIN, as well as Senator COLLINS, and we are trying to is reported. We have language requir- Senator DODD and others, have elo- come up with a fair disclosure amending additional disclosure in this quently pointed out the kind of balance ment that will give greater disclosure amendment, but there has been no case and protections for the American vot- than is presently in the bill but in a that the current information is inad- ers that have been included in the more fair and balanced way. equate to reveal what political activi- McCain-Feingold legislation. That was I will have to oppose this amendment ties are being supported. carefully considered. It seems to me on the grounds of its imbalance. The I think that doesn’t make a great that we ought to stay with those pro- one thing we promised everybody when deal of sense. posals. I hope this amendment will not we proposed this legislation was we This bill is not only vague, it is bur- be accepted. would resist any attempt to pass an densome. As we mentioned earlier, and Mr. DODD. Mr. President, I thank my amendment that would unbalance what as Senator HATCH said during our prior colleague from Massachusetts for his we had put forward as a level playing colloquy, corporations would have to comments. I think he hit it right on field. This would imbalance that. I be- send reports to anyone who was a the head with this. lieve we can have all of those items shareholder at the time of the expendi- I made comments earlier on the pre- fully disclosed, and more, so observers tures. vious amendment offered by my good will say this full disclosure, this light, We have had the chance to do the friend from Utah. He made the point. I will shine on business and unions alike numbers. Last week alone there were understood the intent of what the Sen- in an equal manner. more than 6 billion stockholder trans- ator was trying to achieve. As Senator Having said that, I regret to have to actions just on the New York Stock NICKLES of Oklahoma, with whom I oppose the amendment. I will make a Exchange. don’t normally agree on these matters, motion to table at the appropriate Does this mean that if any of the cor- properly pointed out, you cannot carry time. porations that would be included in out the intent of the amendment. De- I yield the floor. this bill made an expenditure last week spite the desire to do so, the language Mr. KENNEDY. Mr. President, will that all holders of those shares would of the amendment, if followed to the the Senator from Connecticut yield me have to be notified? The amendment letter of the proposal, or even the spir- 3 minutes? says they would have to be notified of it, creates a tremendously bureaucratic Mr. DODD. I am happy to yield my all expenditures within a 2-year elec- nightmare for both corporations and colleague 5 minutes. tion cycle. That is unwieldy. It is unfor labor organization. I thank my colleague from Arizona workable. It is enormously bureau- I do not agree that anyone would for his comments. We are going to cratic. It makes no sense at all. have an interest to discourage activity meet in the morning for a half-hour de- We had a good exchange in the last at all. We want to know what is going bate before the final vote on this Hatch debate. Many of us are troubled about on. Under current Federal law, labor II amendment. I thank my colleague. what either my good friend, Senator unions are required to make various

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4206 CONGRESSIONAL RECORD—SENATE March 21, 2001 records be available and open. The For those reasons, I frankly urge No. 2, voter identification. The records cannot be shielded or hidden. that the amendment be withdrawn. unions do that beautifully for Demo- That is in violation of existing Federal But, if it is not going to be withdrawn, crats. I do not know of one Republican law. I urge my colleagues with the same ex- that a union has worked for to help To suddenly add even more bureau- pression that we saw with the previous identify Republican voters. I am sure cratic requirements for every disburse- Hatch amendment to vote with the there is one or two, but the fact is the ment, receipt and expenditure in every same sense of collective voice on this vast majority—almost 100 percent—of level, including affiliates, and every particular proposal. For those reasons, their money goes to help Democrats. minor tangible office, is not in the spir- I urge the rejection of this amendment. That is their right. Why aren’t the it of true disclosure. This is in the spir- The PRESIDING OFFICER. The Sen- Democrats scared about what the it of discouragement from anyone par- ator from Utah. McCain-Feingold bill will do to the ticipating in the process. Everyone Mr. HATCH. Mr. President, I have Democratic Party? Because the Demo- knows we have a hard time getting listened to these comments about the cratic Party does not have to worry more people to participate in the proc- imbalance. McCain-Feingold is bal- about all of this because the unions do ess as it is. ance. It brings balance. Let me give it for them? Most of the employees of In last year’s Presidential and con- you an illustration. the unions are dues-paid political gressional Federal elections, we had McCain-Feingold regulates what operatives. They are very good, the about 50 million who participated out unions care about least. Think about best in the business. I respect them. of 101 million eligible voters in this it. It regulates get out the vote. It reg- Volunteer registration: The Repub- country. It seems to me we ought to be ulates two things: It regulates tele- lican Party has been limited to hard doing better and we can do better. We vision advertisement within 60 days. It dollars—$1,000 a person—in order to get lecture the world all the time about regulates radio ads for a candidate— out voter registration. The unions do it how important it is to vote. We like to not a party—within 60 days of a general for the Democrats. And, by the way, think of ourselves as an example for election, or 30 days of a primary. It there is not one word in McCain-Fein- does do that. That is technically un- nations that are seeking to establish gold to regulate that, or to require the constitutional on its face. But it does democratic institutions. same requisite on the unions that they do that. Television advertisements and It seems to me it is in our collective require on the Republican Party. interest to promote that idea, and to radio advertisements are all McCain- The Democratic Party can get by be- do so by example with an environment Feingold does with regard to what the cause the unions will do it for them. unions are interested in. These are the of full disclosure, of fairness, and of eq- Even though they have the same rules two things they care about least. uity. as the Republican Party, the Repub- What they really care about and But with all due respect to my friend what we ought to be concerned about, lican Party does not have a group like from Utah, the adoption of this amend- if we want fairness, and if we don’t the union movement doing get out the ment is nothing more than to create want one side to have an advantage vote, voter identification, voter reg- unnecessary burdens on institutions over the other, McCain-Feingold ought istration, mass mailings, phone banks, that, frankly, we wish were more ac- to cover all get out the vote activities. magazine advertisements, newspaper tive in the political life of America. If That is probably one of the most im- advertisements, outdoor advertising they were, then in some sense through portant things in the political process and leafleting, polling, volunteer re- voter education efforts we might have today, if not the most important thing. cruitment and training, and a whole greater voter participation. Voter identification, McCain-Fein- raft of other things, including—— This amendment, in my view, only gold does not do anything about that. Mr. DODD. Will my colleague yield adds additional unnecessary burdens to Voter registration, nothing. Mass mail- on that point? That is not our fault. a process that already discourages too ings, nothing. Phone banks, nothing; That is your fault. Why don’t you get many people from participating in the magazine advertisements, newspaper somebody to organize the voter reg- public life of our Nation. For those rea- advertisements, outdoor advertising istration and GOTV? sons, I urge our colleagues when the and leafleting, polling, volunteer re- Mr. HATCH. Wait. The last point I vote occurs tomorrow to reject this cruitment and training, union-salaried, was making was, and union-salaried, amendment. full-time political operatives. And full-time political operatives. I think the provisions included in the look, I do not have any problem with You can say that is our fault. Let’s bill drafted by the Senators from Ari- that in the sense that unions have a assume that is so. The fact is, we do zona and Wisconsin very aptly deal right to do whatever they want to do in not have anybody doing that. It is to- with this very question of true disclo- advancing their issues in the political tally unregulated. That is the guts of sure and information. They have done process. And I would fight for their the political process. If we are going to so in the spirit of seeking to make peo- right to do that, as I have in the past. regulate, let’s regulate everybody, not ple aware of what institutions are But the only people whose rights are just the parties. And the parties them- doing that involve themselves in the infringed upon by the McCain-Feingold selves ought to be given greater leeway political life of our country. bill happen to be the Republican Party than this bill gives them. But to add this amendment to the because the unions do all of this for the The only thing that McCain-Feingold McCain-Feingold bill would have the Democratic Party. regulates is the thing that the unions opposite effect. It would not effectuate Mr. DODD. Will my colleague yield? care about the least; that is, TV adver- what we are trying to achieve. Our Mr. HATCH. If I could finish making tisements and radio advertisements. goals are to reduce the proliferation of my point, and then I will be happy to Look, I give a lot of credit to the the money in the political life of our yield. Democrats. I give a lot of credit to the country and to make it less costly for The unions are the principal get-out- unions. There is no question that is people to seek Federal office. the-vote force in the Democratic why they won the last election in the We ought to simultaneously try to Party. Keep in mind, 40 percent of Senate and had more people elected reduce the amount of hurdles, burdens, union members are Republicans, yet al- than Republicans. Because they were and gauntlets that institutions such as most 100 percent of the money that getting out the vote like never before. corporations and labor unions have to unions raise helps get out the vote for They did voter identification like presently meet. To add to them, to Democrats. That does not seem like a never before. They did voter registra- make their involvement even more dif- fair process, but that is the way it is. tion. They did mass mailings. And they ficult, I don’t think is in anyone’s in- But that money could only be hard did phone banks. They did TV adver- terest, Democrats or Republicans, and money to the political parties, mean- tisements, radio advertisements, maga- certainly not in the interest of the ing they are severely hampered in get- zine advertisements, newspaper adver- American people. ting out the vote. tisements, outdoor advertising and

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4207 leafleting, polling, volunteer recruit- million, while union contributions phone banks or TV advertisements or ment and training, and had union-sala- grew by $12.6 million. No parity in radio advertisements—although for ried, full-time political operatives all these statistics. those two, with the 60-day require- over this country. That is their right. These ratios and statistics are ac- ment, McCain-Feingold does do some- Why do we take all those rights away cording to the Federal Election Com- thing; but it is unconstitutional on its from the Republican Party? You can’t mission. You talk about disparity—16 face—it does not say you can’t do mag- just answer by saying that is the Re- to 1—every year, I say to my friend azine advertisements and newspaper publicans’ fault because they are not from Utah. Corporations have massive advertisements and outdoor adver- paying the same homage to the unions amounts of money, hard and soft tising and leafleting and polling, and that the Democrats do, and I have to money, they are pouring into these volunteer recruitment and training. It say we are not, in the sense of doing Federal elections. does not say you can’t have union-sala- everything that they want done, be- Mr. HATCH. If I may take back the ried, full-time political operatives—the cause not everything they want done is floor. best in the business, all over the coun- right. Mr. DODD. Of course you may. It is try in every State in the Union that All my amendment does is require your time, Senator. counts, in every large city that counts. disclosure to the union members and Mr. HATCH. Nowhere did they count They can do all of that. corporate shareholders. I am not even these dues-paid political operatives. I I am not arguing against that. All asking for priority in this area. I am read a report a number of years back— my amendment says is that they need not asking for any equality with regard I think it was the Congressional Re- to disclose to their members something to all the things the unions do for search Service, if my recollection that in this computer age they can do Democrats that make them not care serves me correctly—where they esti- without— about the parties not being able to mated that the unions spend about a Mr. DODD. Will my colleague yield? raise soft money. The unions do it all half billion dollars—that is with a Mr. HATCH. If I could just finish my for them, and that is all soft money. ‘‘B’’—a half billion dollars every 2 comments, something that they can do Now, I had some strong words with years in local, State, and Federal poli- in this computer age without an awful my colleague from Massachusetts ear- tics. This money is spent on dues-paid lot of difficulty, and something I be- lier in this debate, and they were political operative activities that lieve the corporate world can do with- meant in good taste and in good humor never show up in these figures. out an awful lot of difficulty is provide as well. But I feel strongly on this Let me tell you, I am not against disclosure. Tell me what is wrong with issue. their right to do that. I think they disclosure. To me, that is the only This amendment will give ordinary should have a right to do that. I re- thing that will make our process more workers the opportunity to have a spect them. I will fight for their right fair, more honest, more decent. Disclo- meaningful voice in how their political to do that. The fact that it is all one- sure helps everyone equally to know contributions are used. I held a union sided, even though 40 percent of union how their money is spent. I believe card. I understand this. members are Republicans, I can live that everyone should be entitled to Organized labor is not a monolithic with that. But what I cannot live with know what political speech they are entity, but too often the leadership of is shutting down the party, the only supporting. Disclosure is what honesty these unions act in a monolithic fash- way we can compete, where the unions and fairness in politics is all about. ion when it comes to elections. do all these things for Democrats but Why would anyone fight against disclo- This amendment tries to level the nothing for Republicans. sure? playing field for both unions and cor- The fact is, the Democrats will con- Fairness is all I am asking for. I am porations. All it requires is disclosure. tinue to count on the unions to get out not asking to stop any of this. It has Mr. DODD. Will my colleague yield their vote. But why do we have been admitted basically that unions do on that point? McCain-Feingold shutting down the the work for the Democratic Party. Mr. HATCH. Sure. rights of Republicans to compete to get Mr. DODD. Will the Senator yield? Mr. DODD. I want to point out, if I out the vote, to have voter identifica- Mr. HATCH. They basically help the may, when you talk about the great tion, voter registration, mass mailings, Democratic Party, and they will con- advantage that labor has, because it phone banks, TV advertisements, radio tinue to have the right to. Mr. DODD. Should we have with all does organize, it does work on voter advertisements, magazine advertise- these independent 501(c)(4)s, the Na- registration, it does work on get out ments, newspaper advertisements, out- tional Right to Life groups, the Chris- the vote—— door advertising and leafleting, poll- tian Coalition, the National Rifle Asso- Mr. HATCH. It does all these ing, volunteer recruitment and train- ciation, should there be full disclosure things—— ing, and full-time political operatives? Mr. DODD. If I may finish. This is The fact is, this is all done for Demo- of every member, including all their not a liability and it should be ap- crats. Their party does not have to do disbursements, contributions, and ex- plauded. The fact that corporations do it. They can live with the hard money penditures? Does my colleague support not do that sort of a thing does not limitation that this bill would impose that? Mr. HATCH. You can’t compare those mean that other organizations should upon them. But the Republican Party to the unions. be condemned because they do encour- would have no soft money. All this is Mr. DODD. Would you agree? age people to participate. soft money on the unions’ part—all Mr. HATCH. I would like to answer. To make one other point regarding working for Democrats, all one sided. The National Rifle Association is made parity, as of October 2000, according to And the Republican Party does not up primarily of blue-collar Democrats. the Center for Responsive Politics and have the same opportunities. Talk In all honesty, that is why there hasn’t the Federal Election Commission, the about imbalance. been a lot of mouthing about ratio of ‘‘total’’ contributions from Again, let’s go back to what my gunslinging because Al Gore found in corporations versus unions was 15 to 1. amendment does. My amendment does the last election that he had offended As of October 2000, corporations had not say: Stop that. You members of the an awful lot of Democrats. I think that contributed more than $841 million dol- unions are not allowed to do that. It is why he lost West Virginia. lars, while unions contributed just over does not say that at all. It does not say Mr. DODD. Should we have full dis- $36 million. As of October 2000, the you can’t get out the vote for Demo- closure? ratio of ‘‘hard money’’ contributions crats, and does not say you can’t do Mr. HATCH. Not of members, but from corporations versus unions was 14 voter identification for Democrats. It only of expenditures. to 1. In 1998 and 1996, the ratio was 16 does not say you can’t do voter reg- Mr. DODD. Why not of members? to 1. Between 1992 and 1998, corporate istration for Democrats. It does not Mr. HATCH. Because then you get contributions increased nearly $220 say you can’t do mass mailings or into the NAACP, and we have already

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4208 CONGRESSIONAL RECORD—SENATE March 21, 2001 had the Supreme Court say that is un- under the rationale put forward by it, juana legalization? I think that they constitutional. completely leaves out other member- have a right to know this kind of infor- Mr. DODD. Should we know who are ship groups, as the Senator from Con- mation. making the contributions to these or- necticut so rightly points out. Disclosing expenditures is constitu- ganizations that are out every day with The burdensome reporting require- tionally different from disclosing con- such activities as get out the vote, ments that are imposed under this tributors to ideological groups which voter registration, voter information, amendment on unions in particular are the Supreme Court has said we should and mailings? You talk about full dis- really much more difficult to comply not do. Disclosing expenditures does closure, why not full disclosure on with than if they would be in a cor- not implicate free association. It is im- these organizations? poration. As I understand the amend- portant to differentiate between ex- Mr. HATCH. The Supreme Court has ment, corporations would be required penditures and contributors. The dif- ruled in cases that you cannot require to report only on expenditures from ference is, union members are forced to disclosure of membership lists. I don’t their own general treasuries and from pay dues. personally have much problem with the general treasuries of their subsidi- Mr. DODD. If my colleague will yield, disclosure of moneys that have been aries. However, unions would be re- we disagree so fundamentally on that. put into the process, but not the quired to report on the expenditures Mr. HATCH. Let me restate that. names. from all of their affiliates, which would Mr. DODD. That is not true. Mr. DODD. Are we going to keep that mean that a local union would be re- Mr. HATCH. It is true in nonright-to- secret? quired to report on expenditures by a work States. People are forced to join Mr. HATCH. The main case was the national union, and vice versa, even the union and forced to pay dues. They NAACP where one of the Southern though neither of them had either ac- don’t have to stay in the union, I agree. States tried to get them to disclose cess or control to the financial records They can quit if they give up their their membership list and the Court of the other. jobs. said they didn’t have to do. They are a This point we heard about from Sen- Mr. DODD. Nor are they required to legitimate organization. I am not ask- ator DODD is particularly important. If contribute union dues. Under those 29 ing the unions to disclose their mem- the point we are trying to get at with States, that is not the case with re- bership lists either, nor am I asking this amendment is to understand who spect to the contribution of union dues. corporations to disclose their share- is doing what with what funds to en- Mr. HATCH. In right-to-work States, holder lists, although anybody who gage in political activity during elec- that is not the case. looks at a corporate filing can figure tion cycles, then clearly a lot of the Mr. DODD. They get the benefits of that out. other membership groups that raise the collective bargaining agreements If disclosure requirements applied and spend tremendous amounts of even though they are not members per equally to the Sierra Club, to NARAL, money—two were mentioned, the NRA, se. They all get the same benefits. and to other groups, disclosure might the Sierra Club, you can add the Cham- Mr. HATCH. That is another argu- not be a bad thing for all of them. I bers of Commerce, National Right to ment for another day. The fact is, I would not be pushing for disclosure of Work Foundation, other groups across don’t think anybody in their right members in nonprofit foundations be- the political spectrum—— mind is going to say that people are cause the Supreme Court has already Mr. HATCH. Does the Senator have a not compelled to pay union dues in ruled on that. But now we are talking question because I think I have the nonright-to-work States, if they want about real players in the political proc- right to the floor. the job and they want to work in a ess, not peripheral organizations. The Mrs. CLINTON. My question would union business. It is that simple. No- fact is, many members of the NRA are be: In response to the discussion be- body doubts that. I don’t have any Democrats. They are just offended by tween the Senators on this issue, how problem with that. That is the way the some of the phony demagoging that can we impose undue burdens on only law is. But to say they can spend 100 has been done about guns through the unions as compared to corporations percent of the money for only one years. They are tough on crime. That and completely leave out of the Sen- party and not disclose it seems to me is another debate. ator’s concerns all of these membership to be a bad process, especially when With regard to the right-to-life com- groups that raise tremendous amounts Democrats have suggested: Well, if you munity, I have to admit that they sup- of money, are on the front lines of our don’t make the corporations disclose, port both sides, but they support peo- political campaigns, have a direct in- why should you make the unions? I am ple who are pro-life, just as the pro- fluence on how voters vote, and yet are saying let’s make both of them dis- choice groups support the people who in no way covered by the Senator’s close. Let’s be fair so there is no imbal- are pro-choice on both sides. amendment? ance. Mrs. CLINTON. Will the Senator Mr. HATCH. Let me answer the ques- The imbalance is in the fact that the yield on this point? tion. The fact is, we are equal with re- only two things the unions don’t care Mr. HATCH. I am happy to. gard to both corporations and unions. about are TV advertisements and radio Mrs. CLINTON. My good friend from We don’t include any ideological advertisements. They can do all these Connecticut raised an issue that trou- groups because when you give to the other things: Get out the vote, voter bles me about this proposed amend- Sierra Club, you know the causes they identification, voter registration, mass ment that the distinguished Senator advocate. You have a right to give. You mailings, phone banks, TV advertise- from Utah has put forth. are not forced or compelled to con- ment, radio advertisements, magazine In addition to the issues that Senator tribute to these organizations. But advertisements, newspaper advertise- KENNEDY and Senator DODD have raised when people join unions or are forced ments, outdoor advertising, leafleting, about the vagueness and definitional to join unions because of the laws that polling, volunteer recruitment and concerns raised in the amendment, this we have, they are forced to pay fees to training, and most of their employees particular issue is the real heart of the unions. Most of the union members are union salaried, full-time political parity problem that many of us have probably don’t know what the union operatives, all working for one party, with this amendment. dues are used for, especially with re- and at the same time this McCain- It reminds me of the old Anatole gard to politics or things such as an ef- Feingold bill limits the Republican France saying: The law is fair; neither fort in 1996 to legalize marijuana in Party, which has no outside organiza- the rich nor the poor can sleep under California, for instance. The Teamsters tion doing this. It limits hard dollars the bridge. What we have is an amend- contributed $195,000 to that effort in to no more than $1,000 per contributor. ment that in its practice not only union dues to support that effort. How Talk about imbalance. In other words, would fall disproportionately on unions many working families want their the two groups that you would hope as compared to corporations but which, hard-earned money to be used for mari- would be fully in the political process—

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4209 the two political parties—are the ones in the Armor Branch. Over the past the 1970s because Congress had dif- that are left out, while we ignore all three decades, his assignments have in- ficulty containing its voracious appe- this other stuff. cluded a variety of both command and tite to continue to spend. Thus, the Talk about imbalance. The McCain- staff positions, and throughout his Budget Act was adopted in which Con- Feingold bill is imbalanced. What is military career, Colonel Shatzer congress would adopt a blueprint, an over- even worse, in my eyes, is that the one sistently distinguished himself in all all skeletal structure, for expenditures thing they impose on unions and others his assignments. Furthermore, whether and for revenues that would be the is TV advertisements and radio adver- a newly commissioned Second Lieuten- model after which all of the various tisements within 30 to 60 days of the ant or a seasoned Colonel, this officer committees, both appropriations and primary and general elections. Think always demonstrated one of the most authorizing committees, would then about that. That says they don’t have important qualities an officer should come in and flesh out the skeletal the right to speak during that time possess, a deep-seated concern for his structure of the budget adopted. which, under Buckley v. Valeo, shows soldiers regardless of their rank. As a How important this budgetary debate that directly violative of the first leader and teacher Colonel Shatzer is this year for the questions in front of amendment. Here we have the media proved himself to be a willing mentor the Congress. Such things as: How and everybody else arguing for this. of young officers and enlisted men, and large is the tax cut going to be, par- My amendment does one thing. It in the process, he helped to shape the ticularly measured against, juxtaposed doesn’t stop the unions from doing successful careers of soldiers through- against, how large the surplus is that this. It doesn’t say you are bad people, out the Army. we are expecting over the next 10 you should not do this. It says you Many of us came to know Colonel years. That, of course, is a very iffy need to disclose what you are doing so Shatzer during his five-year tour as Ex- projection. We have seen, if history that all members of the union know ecutive Officer, Army Legislative Liai- serves us well, that, in fact, we don’t what political ideologies they are sup- son. His professionalism, mature judg- know beyond a year, 2 years at the porting with their dues. That includes ment, and sound advice earned him the most, with any kind of degree of accu- 40 percent of them who are basically respect and confidence of members of racy, if we can forecast what the sur- Republicans and whose moneys are all the Army Secretariat and the Army pluses or the deficits are going to be in going to elect Democrats, people who Staff. While dealing with Members of future years. are basically contrary to their philo- Congress and Congressional staff, the So the budget debate brings the cen- sophical and political viewpoints. Department of Defense, and the Joint tral question of how large should the All I ask is that there be disclosure. Staff, Colonel Shatzer’s abilities as an tax cut be counterbalanced against But to even it up, since the Democrats officer, analyst and advisor were of how much of the revenues and the sur- have raised this time and again, I benefit to the Army and to those with plus do we think will be there over the would require disclosure in the cor- whom he worked in the Legislative course of the next decade. That, then, porate world, too—disclose what the Branch. leads us, once we know that, to be able For the past thirty-one years, Colo- money is used for regarding politics. to decide how much we will appropriate nel Shatzer has selflessly served the With that, I yield the floor. for other needed expenditures for the Army and our Nation professionally, The PRESIDING OFFICER. Who good of the United States. capably and admirably. Through his yields time? Most everyone in this Chamber personal style of leadership, he has had Mr. HATCH. Mr. President, I suggest agrees there ought to be a moderniza- a positive impact on the lives of not the absence of a quorum. tion of Medicare with a prescription only the soldiers who have served drug benefit. Most everyone in this The PRESIDING OFFICER. The under him, but of the families of these Chamber agrees there should be addi- clerk will call the roll. soldiers, as well as the civilian employ- tional investment in education, and The assistant legislative clerk pro- ees of the Army who have worked with there is a bipartisan bill that is begin- ceeded to call the roll. and under this officer. I am sure that ning to work its way through the legis- Mr. MCCONNELL. Mr. President, I all of those in the Senate who have lative process on increased investment ask unanimous consent that the order worked with Colonel Shatzer join me in education and accountability. Most for the quorum call be rescinded. today in wishing both he and his wife, everyone in this Chamber agrees we The PRESIDING OFFICER. Without Annie, health, happiness, and success have to pay our young men and women objection, it is so ordered. in the years ahead. f in the Armed Forces of this country f more of a comparable wage in competi- MORNING BUSINESS BUDGET COMMITTEE MARKUP tion with the private sector in order to Mr. MCCONNELL. Mr. President, I Mr. NELSON of Florida. Mr. Presi- have the kind of skill and talent we ask unanimous consent that there now dent, it is a great privilege for me to be need in today’s all-volunteer Armed be a period for the transaction of rou- a new Member of the Senate, and it is Forces. tine morning business with Senators a great privilege for me to be assigned Most people in this body would agree permitted to speak therein for up to 10 to the Budget Committee. It is with a we have to have certain expenditures minutes each. heavy heart that I have just learned with regard to health care, planning The PRESIDING OFFICER. Without that it is the intention of the chair- for the end game, encouraging addi- objection, it is so ordered. man, the distinguished Senator from tional long-term insurance, equalizing f New Mexico, for whom I have the high- the tax subsidies for health insurance est regard, not to have a markup in the now from a large employer to a small RETIREMENT OF COLONEL WILSON employer, or to an individual em- A. ‘‘BUD’’ SHATZER Budget Committee and rather bring a chairman’s mark under the lawful pro- ployer, or to an individual. Mr. THURMOND. Mr. President, I cedures of the Budget Act straight to There are a number of items on rise today to pay tribute to Colonel the floor. which there is consensus that is built Wilson A. ‘‘Bud’’ Shatzer, who after I am compelled to rise to express my on this side of the Capitol where we thirty-one years of dedicated service to objection, for that is what a legislative should go with regard to expenditures the nation and the military, will retire body is all about in the warp and woof in the future while controlling our fis- from the United States Army on April and crosscurrents of ideas for Members cal appetite. 1, 2001. to hammer out legislation, particularly That brings me back to the budget Colonel Shatzer’s career began fol- on something as important as adopting resolution, for it is the very essence of lowing his graduation from Eastern a budget. adopting a budget resolution that we Washington University in 1970 when he We first started adopting budgets should have as our watchwords ‘‘fiscal was commissioned a Second Lieutenant pursuant to the Budget Act passed in discipline.’’ That is why we need to

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 4210 CONGRESSIONAL RECORD—SENATE March 21, 2001 have a full and fair discussion of all the Children and Healthcare Week high- not have been different had the elec- issues in adopting a budget resolution. lights educational programming to in- tion not been marred in this manner, That is why we ought to mark it up crease public, parental and professional there can be no question that Uganda and have that discussion first in the knowledge of the improvements that has been proven to be less democratic committee. can be made in pediatric health care. and less stable by these recent events, I wrap up by saying of all the debates In particular, it stresses new ways to and the security of individual Ugan- that will take place this year, the de- meet the emotional and developmental dans wishing to exercise basic civil and bate on how we will allocate the re- needs of children in health care set- political rights is not assured. sources with regard to the budget of tings. Lack of quality health care It is unquestionably true that many the United States is one of the most should never be an impediment to the positive developments have unfolded in important. It ought to have a full and long-term success of our nation’s chil- Uganda over the years that President fair and thorough discussion. dren and I commend Greenville’s dedi- Museveni has been in office. But Ugan- f cation to Children and Healthcare da’s success is not about Mr. Museveni. THE BIRTH OF WILLIAM BLUE Week. Institutions, not individuals, are the HOLLIER f backbone of lasting political stability and development. And the movement Mr. CRAPO. Mr. President, I rise 45th ANNIVERSARY OF TUNISIA’S system currently in effect in Uganda, today to announce the birth of a fine INDEPENDENCE always dubious, increasingly looks like young man, William Blue Hollier. Wil- Mr. COCHRAN. Mr. President, I con- a single-party system by another liam was born on Monday, March 5th, gratulate Tunisia on the occasion of name. Its defenders will point to last making him a couple of weeks old her 45th year of independence. year’s referendum on this so-called today. He is the first child of Will and Tunisia is a constitutional democ- ‘‘no-party’’ system and claim that it is Alyssa Hollier. Will serves as my Ad- racy striving to create a more open po- the will of the people. But the deck was ministrative Assistant and has been an litical society, diversify its economy, clearly stacked against multipartyism invaluable part of my staff for over 8 attract foreign investment, and im- in last year’s referendum on the move- years. I’m happy to report that mother, prove its diplomatic ties with both the ment system—state-sponsored political father, and baby are doing well, al- European Union and United States. education courses were used to mobi- though Will and Alyssa are probably I am pleased to be a member of the lize support for the Movement, and the getting used to fewer hours of sleep. Hannibal Club USA whose mission is to Young William is the grandson of opposition boycotted the vote. improve the political and economic Charles and Judy Hollier of Lafayette, Today, in the wake of the presi- ties between the United States and Tu- LA; Judy Myers of New Orleans; and dential election and after long months nisia. I am hopeful that a mutually Bob and Cheri Knorr of Sawyer, ND. of Uganda’s involvement in the Demo- beneficial relationship between our two His great-grandparents, Henry and cratic Republic of the Congo—an ad- countries will continue to grow in the Mary Myers of Opelousas, LA; Art venture that, while perhaps profitable years ahead. Odegard of Minot, ND; and Walt Knorr for the few, is clearly unpopular with of Devil’s Lake, ND, also join me in f the Ugandan people—today, those of us welcoming this baby. ELECTIONS IN UGANDA who genuinely wish to see Uganda con- It is always a joyous event to bring a solidate the successes of the past and Mr. FEINGOLD. Mr. President, I rise new family member into the world. make even more progress in the years today to express my serious concern William has been much-anticipated and ahead are profoundly troubled. about the recent presidential elections has held a place in the hearts of his Some in Central Africa believe that in Uganda. Uganda is a country of parents and family for many months the U.S. turns a blind eye to the short- now as they have awaited his arrival. great promise; in the past year I and comings of the government in Kam- As the father of five myself, I know many of my colleagues have come to pala. I certainly hope that is not the that Will and Alyssa are in for a most this floor to praise the Ugandan Gov- case, because that is not in the inter- remarkable, frustrating, rewarding, ernment and the Ugandan people for ests of the U.S. or the Ugandan people. and exciting experience of their lives. their energetic and effective fight I have recently had cause to reflect on William Blue will make certain of that. against the AIDS pandemic. In recent the damage done by years of U.S. sup- Our best wishes go out to the Hollier years, the economy has enjoyed mod- port for undemocratic and sometimes family on this most auspicious occa- erate economic growth. Most strik- violently repressive regimes elsewhere sion. ingly, even given the persistence of on the continent. We do no one any fa- brutality like that embodied by the f vors when we fail to tell it like it is, Lord’s Resistance Army, there can be when we look away from blatantly un- CHILDREN AND HEALTHCARE no mistaking that Uganda has come a democratic acts because we so des- WEEK long way from the dark days when Idi perately want to encourage countries Mr. HOLLINGS. Mr. President, each Amin and Milton Obote terrorized their that hold great promise. It is precisely day, many of our Nation’s children face citizens. This progress toward stability because Uganda has made such pre- illnesses that require a doctor’s office and an improvement in the quality of cious gains that I am troubled, for or hospital visit. This can be fright- life enjoyed by Ugandans has been these gains will surely be wasted if the ening for both the child and his or her cause for celebration, and legitimately staying power of the current regime be- family, and underscores the need to so. comes the utmost priority of the gov- continue providing quality, caring pe- But the latest trends from Uganda ernment. are alarming. In particular, the days diatric health services. This week in f Greenville, SC, The Children’s Hospital leading up to the March 12 presidential of The Greenville Hospital System is elections revealed a disturbing willing- SILVER RIBBON CAMPAIGN celebrating Children and Healthcare ness on the part of the ruling party to Mr. ENZI. Mr. President, I rise today Week with a number of valuable activi- retain power through intimidation. Ac- to recognize and honor a campaign to ties for health care professionals, par- cording to observers, the opposition raise disability awareness that origi- ents and community partners. Among was threatened with violence and ar- nated in my State of Wyoming. I am the events are continuing education rests from state security forces very proud of the mission behind this classes for medical residents and sup- throughout the campaign. Reports in- effort that, in 3 short years, has gained port staff as well as an awards cere- dicate that, in some cases, opposition steam nationally and internationally. mony to honor local individuals who supporters also resorted to violent tac- Known as the Silver Ribbon Cam- have dedicated their lives to pediatric tics. While most observers agree that paign, this effort to honor disability care. outcome of the vote would probably awareness month, March, was begun by

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.001 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4211 the Natrona County School District #1 commitment to children all across the COMMEMORATING THE 10TH ANNI- Student Support Services and the Par- country. VERSARY OF THE PERSIAN ent Resource Center. The campaign has I was deeply moved by her remarks GULF WAR generated significant activity among last night and her real passion for chil- Mr. JEFFORDS. Mr. President, today local officials and is responsible for a dren and their needs, and I believe my I wish to add my voice to the many variety of training, educational and colleagues would appreciate her who have come before the Senate to interactive activities related to raising thoughtful statement as well. honor the brave men and women who disability awareness in the broader Mr. President, I ask unanimous con- served our nation so honorably in the community. In addition to engaging sent to print Mrs. Bush’s remarks from Persian Gulf War. March 3, 2001 marked local officials and the general public, last evening into the RECORD. the tenth anniversary of the end of the the campaign has worked successfully There being no objection, the mate- Persian Gulf War. I pay special tribute with the business community and nu- rial was ordered to be printed in the to the families of those who gave their merous media outlets to ensure a di- RECORD, as follows: lives in this effort. verse yet unified front in heightening FIRST LADY LAURA BUSH’S REMARKS, I would like to draw my colleagues awareness about the reality of living EVERYBODY WINS! EVENT, MARCH 20, 2001 attention to an important event that will be taking place this Sunday, with a disability. Thank you very much, Dr. Billington. I am particularly proud of the cam- First I want to thank Lisa Vise. March 25th, 2001, in Manchester, NH. A paign’s special effort to include activi- Lisa, you are a remarkable girl. You re- group of dedicated Americans is gath- ties targeted towards raising awareness mind us that one person’s work can make a ering to observe the 10th anniversary among children. Not only will the pub- difference in a lot of other people’s lives. of the Persian Gulf war, to honor those lic library host a reading hour on dis- Senator Jeffords, Senator Kennedy, Mr. who served, and to evaluate the fulfill- ability awareness, with awareness Chabraja, Mr. Cole, Mr. Woodward, distin- ment of our promise to care for those bookmarks available for the public, guished guests, I’m pleased to be with you who suffered as a result of their serv- but public school buses and other pub- tonight. ice. A driving force behind this event is lic transportation will display the cam- Everybody Wins is the largest children’s the New England Persian Gulf Vet- literacy and mentoring organization in the erans Inc., NEPGV, and its dynamic paign’s trademark silver ribbon during District because you understand the value of the month of March. founders, David and Patricia Irish. spending quality time reading to children. Since the NEPGV’s inception in 1996, The campaign has issued the silver I am fortunate because someone spent time ribbon as a pin, and since its inception reading to me as a child—my mother. David and Trish have worked tirelessly in 1998, more than 250,00 pins, along Thanks to her I developed a lifelong passion to promote the issues and challenges of with thousands of balloons and dis- for reading, and I grew up to become a teach- Gulf War Veterans in New England and plays, have been used to raise aware- er. As much as I loved being read to as a beyond. I want to publicly thank them ness around the State of Wyoming. As child, I love reading to children even more. for their efforts and let them know I mentioned before, similar activities The Everybody Wins volunteers will agree that I will be with them in spirit on reading together has tremendous results. are being duplicated nationwide. the 25th of March. Children who are read to by an adult learn This is an appropriate time to re- I am honored but not surprised to two things: First, that reading is worth- member the outstanding job our serv- once again have the opportunity to while, and second, that they are worthwhile. ice men and women did in liberating highlight a community-based effort in- Reading is the foundation of all learning. Kuwait from occupation. Together vented in Wyoming that other commu- Children must have good reading skills to with our allies, this action stated that succeed in every subject in school. Those nities are modeling. I hope hearing me in the post Cold War world, the today will encourage my colleagues to who do not read well by the end of the third grade often have a difficult time catching unprovoked conquest of one’s neigh- introduce their own State to the Silver bors would not be tolerated. The un- Ribbon Campaign and further raise dis- up. Sadly, thousands of children can’t read well in America. precedented coalition of twenty six na- ability awareness in this country. This According to a 1998 study, 68 percent of tions rolled back a tyrannical dictator is a critical effort that every commu- fourth-graders in our nation’s lowest-income and a military ill prepared for the de- nity should embrace. schools were unable to read at even a very termination of the United States and f basic level. its allies, nor the might and profes- We may grow numb to statistics, but we EVERYBODY WINS! sionalism of the soldiers involved. In cannot grow numb to our children. That so the face of the poor performance of old many children can’t read is a clear indica- Mr. KENNEDY. Mr. President, Ev- Soviet equipment, the Gulf War firmly erybody Wins! is an innovative literacy tion of a fundamental failure of adult responsibility for children’s lives and futures. established the military superiority of improvement program that pairs the United States and confirmed our adults with children for one hour a I know we can turn those numbers around. With caring Americans like you, we will turn status as the world’s lone superpower. week to share lunch, a good book and those numbers around. Our willingness to work together with friendship. The U.S. Senate launched George’s defining commitment to children our friends in the Arab world set a new Everybody Wins! at the Brent Elemen- is a quality education. His budget includes $5 tone in the region and ushered in a new tary School in 1995. Today, this pro- billion over the next five years for reading era of respect for international co- gram serves 4,500 children in the Wash- initiatives. Through his Reading First pro- operation. ington area. gram, he wants to give states and schools the The Gulf War coalition also laid a Last night, I had the honor of attend- funding and tools to implement sound read- foundation for a remarkable United ing programs in Kindergarten through sec- ing a reception to celebrate the Every- Nations operation that for the first body Wins! program. I was joined by ond grade. While government does its part, it’s up to time, aggressively sought to identify my colleague Senator JIM JEFFORDS us as parents and citizens to help children and destroy any potential capability who I commend for his leadership in read and succeed in life. Children need more for development of weapons of mass de- making the Everybody Wins! program than a program; they need a voice. They struction or manufacture of chemical such a success in the U.S. Senate, and need strong role models to put loving arms or biological agents. While UNSCOM Art Tannenbaum, the visionary behind around them and read to them. You recog- had a very difficult time carrying out this wonderful program. nize that need. I’m proud you are lending its mission and was eventually forced I was especially honored to join First your voice and a hand to Everybody Wins. to leave Iraq, the world community Please continue supporting this worthy en- Lady Laura Bush at last evening’s learned a great deal from the experi- event. Mrs. Bush’s passion for reading deavor. Because of you, Everybody does win. Thanks to the Senators for demonstrating ence, and set any potential future pro- and strong commitment to early lit- your commitment to children and sharing liferations on notice that these types eracy touched the lives of thousand of your common love of reading. Reading is of actions will not be tolerated. families in Texas, and it is clear from common ground for all of us. Thank you all While peace process in the Middle last night that she brings that same so much. East is at a low ebb right now, it is also

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 4212 CONGRESSIONAL RECORD—SENATE March 21, 2001 appropriate that we remember how the Fifteen years ago, March 20, 1986, the RECOGNIZING AIR FORCE CAPTAIN Gulf War was a critical catalyst for the Federal debt stood at $1,982,276,000,000, GLEN CHRISTENSEN Oslo Peace Agreement between Israel one trillion, nine hundred eighty-two ∑ Mr. CONRAD. Mr. President, today I and the Palestinians, the cornerstone billion, two hundred seventy-six mil- would like to recognize the achieve- for the wave of peace that swept the re- lion, which reflects a debt increase of ments of Air Force Captain Glen gion during the 1990s. While subsequent almost $4 trillion—$3,940,320,852,845.50, Christensen. agreements have been shattered by the three trillion, nine hundred forty bil- Captain Glen Christensen was named recent violence, all sides still stand by lion, three hundred twenty million, 21st Air Force Company Grade Officer Oslo, as do the moderate Arab nations eight hundred fifty-two thousand, eight for 2000. In the selection for this award, who continue to insist that the risks hundred forty-five dollars and fifty Glen was in competition with Wing they have taken for peace are worth it. cents, during the past 15 years. Company Grade Officers from seven Had it not been for US leadership and f other Air Force Bases including the success of the Gulf War, this would ADDITIONAL STATEMENTS Robbus AFB, GA, MacDill AFB, FL, not be the case. Pope AFB, NC, Charleston AFB, SC, As a senior member of the Senate Little Rock AFB, AK, McGuire AFB, Veterans Affairs Committee, I take IN HONOR OF GARY P. PLUNDO, NJ, and Dover AFB, DE. Candidates for very seriously my obligation to address D.O. the awards were evaluated in five cat- the needs of all our Veterans. Although ∑ egories which include: duty achieve- it has been 10 years since this decisive Mr. SANTORUM. Mr. President, I ment; self improvement; off-duty ac- victory in the Persian Gulf, servicemen stand before you today to recognize complishments; other leadership ac- and women continue to step forward Gary P. Plundo, D.O., M.P.M. from complishments, and positive represen- with symptoms of illnesses and disease Greensburg, PA who will be installed tation of the U.S. Air Force. likely attributable to serving in South- as the 87th president of the Pennsyl- Three weeks prior, Captain west Asia during the war. This was vania Osteopathic Medical Association, Christensen had been selected Com- brought home to me by the death of a POMA during their 93rd Clinical As- pany Grade Officer of the Year for the friend of my son Leonard, John Clark, sembly in Philadelphia this May. 89th Security Forces Squadron at An- Jr. A Gulf War veteran, John was Dr. Plundo has been an outstanding drews Air Force Base, MD, and then for stricken with colon cancer at age 31, member of the medical profession the 89th Support Group, and finally for two short years after his return home through his many years of service to the 89th Airlift Wing at Andrews. He from the Gulf. John’s case is similar to the people of Greensburg, PA. He has won the squadron and group competi- other service members coming back served in many capacities throughout tion for the second consecutive year. from the Gulf War. John passed away his tenure to improve the health of the in 1996. For John and his family, as for people of this community. Both profes- At the group level, he represented Se- many veterans, the war continues well sionally and as a volunteer, Dr. Plundo curity Forces and competed with se- after they have taken off their uni- has used his expertise to help the lives lectees from Mission Support, Services forms and returned to life as civilians. of others. As he becomes the next and Civil Engineering squadrons. At I will continue to work to insure that president of POMA, I am confident that the Wing level, Christensen competed Gulf War veterans obtain access to VA his leadership will take the organiza- with five other group winners from health benefits and that meaningful re- tion to new heights. among 454 company grade officers in search continues to determine treat- In recognition of his accomplish- all groups. In addition to Security ment for these troubling medical prob- ments and installation as president of Forces, which Glen represented, group lems. Our Gulf War veterans, having POMA, I would like to submit the fol- winners came from Logistics, Medical, served in Active, Reserve and National lowing proclamation in his honor: Operations, and Communications Guard units, must know that we here Whereas, Gary P. Plundo, D.O., groups and from the Wing Com- in Washington will continue to fight M.P.M., will be installed on May 4, mander’s staff. for them as they fought for us. 2001, as president of the Pennsylvania While second in command of the Once again, I remember, commemo- Osteopathic Medical Association, the third largest Security Forces unit in rate and congratulate the members of state organization that represents over the Air Force, Captain Christensen or- our Armed Forces who served with dis- 3,500 licensed osteopathic physicians, ganized and directed security at An- tinction during the Gulf War. I sin- over 440 interns, residents and fellows, drews AFB for the NATO 50th Anniver- cerely thank them for their service to and 1,000 osteopathic medical students sary Summit, two Joint Services Open our country on this, the tenth anniver- at the Philadelphia College of Osteo- House Air Shows, and the recent Presi- sary of this victory. pathic Medicine and 550 at the Lake dential Inauguration, in addition to ev- Erie College of Osteopathic Medicine; eryday base law enforcement and secu- f and rity for the ‘‘President’s base’’ and THE VERY BAD DEBT BOXSCORE Whereas, Dr. Plundo is a graduate of ‘‘Air Force One.’’ Mr. HELMS. Mr. President, at the the University of Pittsburgh and the Glen graduated in 1993 from the close of business yesterday, Tuesday, Des Moines University Osteopathic United States Air Force Academy with March 20, 2001, the Federal debt stood Medical Center College of Osteopathic Military Distinction. He is the son of at $5,732,596,852,845.50, five trillion, Medicine and Surgery; and Everett and Sybil Christensen of seven hundred thirty-two billion, five Whereas, Dr. Plundo has been an offi- Madelia, MN. hundred ninety-six million, eight hun- cer and trustee of the Pennsylvania Os- Mr. President, I offer my congratula- dred fifty-two thousand, eight hundred teopathic Medical Association, a deletions to Captain Christensen and his forty-five dollars and fifty cents. gate to the American Osteopathic As- family on this award.∑ One year ago, March 20, 2000, the Fed- sociation and a community leader in f eral debt stood at $5,728,254,000,000, five the field of family medicine; and trillion, seven hundred twenty-eight Whereas, he has distinguished him- RETIREMENT OF STEPHAN billion, two hundred fifty-four million. self as a dedicated physician who con- LEONOUDAKIS Five years ago, March 20, 1996, the tinues the osteopathic tradition of as- ∑ Mrs. BOXER. Mr. President, it is a Federal debt stood at $5,059,798,000,000, suring exemplary family medicine; pleasure to take this opportunity to five trillion, fifty-nine billion, seven Now, therefore, I congratulate Gary draw the Senate’s attention to the ca- hundred ninety-eight million. P. Plundo, D.O., M.P.M., on his instal- reer of Stephen C. Leonoudakis. Ten years ago, March 20, 1991, the lation as the 87th President of the Stephan was Director of the Golden Federal debt stood at $3,448,161,000,000, Pennsylvania Osteopathic Medical As- Gate Bridge, Highway and Transpor- three trillion, four hundred forty-eight sociation, and wish him the best for a tation District from 1962 until his re- billion, one hundred sixty-one million. successful and rewarding tenure.∑ tirement this past January. Even by

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4213 the standards set by some members of been evident not only in their aca- H. Con. Res. 41. Concurrent resolution ex- this chamber, this is a long time. He demic excellence, but in the successes pressing sympathy for the victims of the served continuously in the same posi- of their clubs and athletic teams as devastating earthquakes that struck El Sal- vador on January 13, 2001, and February 13, tion for 38 years. Over the course of well. 2001, and supporting ongoing aid efforts. this time, he became nearly as integral The athletic department at La Salle The message also announced that to the Bridge District as the famous has a strong commitment to instilling pursuant to Public Law 106–292 (36 span for which it was named. There are leadership, sportsmanship, and a U.S.C. 2301), the Speaker appoints the healthy approach to athletic competi- few who remember a time when he was following Members of the House of Rep- not Director. The question is not tion. Since its founding in 1908, the La resentatives to the United States Holo- whether he will be missed, but what Salle football program has been one of caust Memorial Council: Mr. GILMAN, the most successful in the state. Leg- will we do without him? Mr. LATOURETTE, and Mr. CANNON. Stretching from San Francisco to endary Coach Jack Cronin guided the The message further announced that Marin County across the opening to Rams to 274 wins during his 44 years pursuant to section 5(b) of Public Law San Francisco Bay, the Golden Gate tenure from 1928 to 1972. In the 1940’s 93–642 (20 U.S.C. 2004(b)), the Speaker Bridge is one of the most identifiable and 1950’s, La Salle played before some appoints the following Members of the landmarks in the world. People flock of the largest crowds ever to see a House of Representatives to the Board to the bridge from around the globe, game in Rhode Island, including 25,000 of Trustees of the Harry S Truman often braving the chilly mid-summer in 1945, 40,000 in 1947, and 10,000 in 1955. Scholarship Foundation: Mrs. EMERSON fog to catch a breathtaking glimpse of In the 1970’s and 1980’s, the La Salle of Missouri and Mr. SKELTON of Mis- the city to the east, the seemingly end- football team won ten Division A ti- souri. less Pacific Ocean to the west, the Bay tles. The message also announced that directly below and the graceful struc- La Salle also participates in the old- pursuant to 22 U.S.C.. 276d, the Speaker ture itself above and around. It is a est sports rivalry in the state. For sev- appoints the following Member of the truly enchanted place. enty-one years, La Salle and East House of Representatives to the Can- But, as the name implies, the Golden Providence High School have met tra- ada-United States Interparliamentary Gate Bridge, Highway and Transpor- ditionally on Thanksgiving Day. Up Group: Mr. HOUGHTON of New York, tation District is more than just a until this past year, the series had been Chairman. bridge with a million dollar view. It is tied, but with La Salle’s victory they The message further announced that a full-service transportation district now proudly lead that series 35–34, with pursuant to section 5(a) of the Abra- complete with buses, ferries, bicycles, two ties. ham Lincoln Bicentennial Commission pedestrians, staffmembers and all the Through the leadership of Tim Coen, Act (36 U.S.C. 101 note), the Speaker maintenance and other administrative first year Coach of the La Salle Rams, appoints the following Member of the challenges that come with them. This and Team Captains Toyin Barnisile, House of Representatives to the Abra- is where Stephan really shined. Over Joe Ben, Howie Brown, David Regus, ham Lincoln Bicentennial Commission: his tenure, he participated in trans- and Jon-Erik Schneiderhan, La Salle Mr. LAHOOD of Illinois. forming the Bridge District from an can boast its first Super Bowl Division The message also announced that agency that essentially looked after a Championship. After winning only four pursuant to section 5(a) of the Abra- beautiful landmark into an organiza- of nine league games in the previous ham Lincoln Bicentennial Commission tion which operates a world-class tran- year, the Rams completed the regular Act (Public Law 106–173), the Minority sit agency serving millions of com- season with an impressive 9–0 record, Leader appoints the following indi- muters and visitors annually. This is a including a win over Thanksgiving vidual to the Abraham Lincoln Bicen- tremendous achievement that Stephan rival and two-time defending state tennial Commission: Mr. PHELPS of Il- shares. champions East Providence. linois. There were times, I imagine, when The last time La Salle played in a f people thought that Stephan might championship game was nearly a dec- MEASURES REFERERD just outlast the bridge he loved and ade ago in 1992, when they lost to The following concurrent resolution looked after all these years. But Portsmouth High School. The year 2000 was read, and referred as indicated: thanks to solid construction, regular finally brought a re-match as this H. Con. Res. 41. Concurrent resolution ex- maintenance and a vigorous seismic year’s Super Bowl game pitted the pressing sympathy for the victims of the program he began, it looks like Portsmouth Patriots against the La devastating earthquakes that struck El Sal- Stephan is going to beat the bridge Salle Rams. The Rams were victorious vador on January 13, 2001, and February 13, into retirement by many years. We can in a very close game, thanks to the ex- 2001, and supporting ongoing aid efforts: to all be grateful for that even as we bid ceptional effort put forth by the La the Committee on Foreign Relations. a friend a fond, happy and healthy re- Salle team supported by their fellow f ∑ tirement. No one deserves it more. students and alumni. EXECUTIVE AND OTHER f As a proud graduate and former COMMUNICATIONS member of the La Salle Academy foot- THE LA SALLE ACADEMY ball team, I know the skills, training, The following communications were FOOTBALL TEAM and strength of character that are nec- laid before the Senate, together with ∑ Mr. REED. Mr. President, I rise essary to achieve what this program accompanying papers, reports, and doc- today to recognize the achievement of has achieved. I would ask that my col- uments, which were referred as indi- La Salle Academy of Providence, RI leagues join me in applauding La Salle cated: whose football team became State Academy for its remarkable accom- EC–1094. A communication from the Acting Administrator of the Food and Nutrition Champions for the year 2000. plishments this year and throughout In 1871, the de La Salle Christian Service, Department of Agriculture, trans- its long tradition of excellence.∑ mitting, pursuant to law, the report of a rule Brothers came to Rhode Island to f entitled ‘‘Special Supplemental Nutrition teach at the ‘‘Brothers’’ school. In 1876, Program for Women, Infants and Children that school became an academy and MESSAGE FROM THE HOUSE (WIC): Clarification of WIC Mandates of Pub- was named La Salle, after the Chris- At 3:02 p.m., a message from the lic Law 104–193, the Personal Responsibility tian Brothers founder, Saint John House of Representatives, delivered by and Work Opportunity Reconciliation Act of Baptiste de La Salle. Since its opening Mr. Hays, one of its reading clerks, an- 1996’’ (RIN0584–AC51) received on March 19, 125 years ago, La Salle has offered its nounced that the House has agreed to 2001; to the Committee on Agriculture, Nu- trition, and Forestry. students a rigorous, value-based edu- the following concurrent resolution, in EC–1095. A communication from the Rules cation. The Brothers’ approach to com- which it requests the concurrence of Administrator of the Federal Bureau of Pris- prehensive student development has the Senate: ons, Office of General Counsel, Department

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 4214 CONGRESSIONAL RECORD—SENATE March 21, 2001 of Justice, transmitting, pursuant to law, to law, the report of a rule entitled ‘‘Non- vivors Insurance and Disability Insurance the report of a rule entitled ‘‘Drug Abuse discrimination on the Basis of Sex in Edu- Trust Funds, transmitting, pursuant to law, Treatment and Intensive Confinement Cen- cation Programs or Activities Receiving the annual report on the current and pro- ter Programs: Early Release Consideration’’ Federal Financial Assistance’’ (RIN1901– jected financial conditions of the Social Se- ((RIN1120–AA36) (RIN1120–AA66)) received on AA87) received on March 19, 2001; to the Com- curity Program for calendar year 2001; to the March 19, 2001; to the Committee on the Ju- mittee on Energy and Natural Resources. Committee on Finance. diciary. EC–1106. A communication from the Fed- EC–1117. A communication from the Dep- EC–1096. A communication from the Direc- eral Register Liaison Officer, Office of Thrift uty Assistant Secretary of the Division of tor of the Office of Regulations Management, Supervision, Department of the Treasury, Welfare-to-Work, Department of Labor, Board of Veterans’ Appeals, Department of transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Veterans Affairs, transmitting, pursuant to a rule entitled ‘‘Federal Savings Association a rule entitled ‘‘Welfare-to-Work (WtW) law, the report of a rule entitled ‘‘Appeals Bylaws; Integrity of Directors’’ (RIN1150– Grants; Final Rule; Interim Final Rule’’ Regulation—Title for Members of the Board AB39) received on March 16, 2001; to the Com- (RIN1205–AB15) received on March 19, 2001; to of Veterans’ Appeals—Rescission’’ (RIN2900– mittee on Banking, Housing, and Urban Af- the Committee on Finance. AK61) received on March 19, 2001; to the Com- fairs. EC–1118. A communication from the Dep- EC–1107. A communication from the Fed- mittee on Veterans’ Affairs. uty Executive Secretary to the Department, eral Register Liaison Officer, Office of Thrift EC–1097. A communication from the Direc- Health Care Financing Administration, De- Supervision, Department of the Treasury, tor of the Office of Regulations Management, partment of Health and Human Services, transmitting, pursuant to law, the report of Board of Veterans’ Appeals, Department of transmitting, pursuant to law, the report of a rule entitled ‘‘Consumer Protections for Veterans Affairs, transmitting, pursuant to a rule entitled ‘‘Change in Application of Depository Institution Sales of Insurance; law, the report of a rule entitled ‘‘Revised Federal Financial Participation Limits’’ Change in Effective Date’’ (RIN1150–AB34) re- Criteria for Monetary Allowance for an Indi- (RIN0938–AJ96) received on March 16, 2001; to ceived on March 16, 2001; to the Committee vidual Born with Spina Bifida Whose Bio- the Committee on Finance. logical Father or Mother is a Vietnam Vet- on Banking, Housing, and Urban Affairs. EC–1108. A communication from the Fed- EC–1119. A communication from the Dep- eran’’ (RIN2900–AJ51) received on March 19, uty Executive Secretary to the Department, 2001; to the Committee on Veterans’ Affairs. eral Register Liaison Officer, Office of Thrift Supervision, Department of the Treasury, Health Care Financing Administration, De- EC–1098. A communication from the Acting partment of Health and Human Services, Assistant Secretary of Legislative Affairs, transmitting, pursuant to law, the report of a rule entitled ‘‘Liquidity’’ (RIN1150–AB42) transmitting, pursuant to law, the report of Department of State, transmitting, pursuant a rule entitled ‘‘Medicare Program; Monthly to law, Presidential Determination Number received on March 16, 2001; to the Committee on Banking, Housing, and Urban Affairs. Actuarial Rates and Monthly Supplementary 2001–12, relative to the certification of twen- Medical Insurance Premium Rate Beginning ty–four major illicit drug producing and EC–1109. A communication from the Senior Banking Counsel, Office of General Counsel, January 1, 2001’’ received on March 16, 2001; transit countries; to the Committee on For- to the Committee on Finance. eign Relations. Department of the Treasury, transmitting, EC–1120. A communication from the Dep- EC–1099. A communication from the Acting pursuant to law, the report of a rule entitled uty Executive Secretary to the Department, Assistant Secretary of Legislative Affairs, ‘‘Financial Subsidiaries’’ (RIN1505–AA77) re- Health Care Financing Administration, De- Department of State, transmitting, pursuant ceived on March 19, 2001; to the Committee partment of Health and Human Services, to law, the report of a rule entitled ‘‘Amend- on Banking, Housing, and Urban Affairs. EC–1110. A communication from the Dep- transmitting, pursuant to law, the report of ments to the International Traffic in Arms uty Executive Secretary to the Department a rule entitled ‘‘Medicare Program; Ex- Regulation: Canadian Exemption’’ (22 CFR of Health and Human Services, transmitting, panded Coverage for Outpatient Diabetes Part 126) received on March 19, 2001; to the pursuant to law, the report of a rule entitled Self-Management Training and Diabetes Committee on Foreign Relations. ‘‘Standards of Privacy of Individually Identi- Outcome Measurements’’ (RIN0938–AI96) re- EC–1100. A communication from the Acting fiable Health Information’’ (RIN0091–AB08) ceived on March 16, 2001; to the Committee Administrator of the Agency for Inter- received on March 16, 2001; to the Committee on Finance. national Development, transmitting, pursu- on Health, Education, Labor, and Pensions. ant to law, a report concerning the develop- EC–1121. A communication from the Dep- EC–1111. A communication from the Dep- ment assistance and child survival/diseases uty Executive Secretary to the Department, uty Executive Secretary to the Department program allocations for Fiscal Year 2001; to Health Care Financing Administration, De- of Health and Human Services, transmitting, the Committee on Foreign Relations. partment of Health and Human Services, pursuant to law, the report of a rule entitled EC–1101. A communication from the Chief transmitting, pursuant to law, the report of ‘‘National Medical Support Notice; Delay of Counsel of the St. Lawrence Seaway Devel- a rule entitled ‘‘Inpatient Hospital Deduct- Effective Date’’ (RIN0970–AB97) received on opment Corporation, Department of Trans- ible and Hospital and Extended Care Serv- March 19, 2001; to the Committee on Health, portation, transmitting, pursuant to law, the ices’’ (RIN0938–AK27) received on March 16, Education, Labor, and Pensions. 2001; to the Committee on Finance. report of a rule entitled ‘‘Seaway Regula- EC–1112. A communication from the Dep- tions and Rules; Tariff of Tolls’’ (RIN2135– EC–1122. A communication from the Dep- uty Executive Secretary to the Department uty Executive Secretary to the Department, AA12) received on March 15, 2001; to the Com- of Health and Human Services, transmitting, mittee on Environment and Public Works. Health Care Financing Administration, De- pursuant to law, the report of a rule entitled partment of Health and Human Services, EC–1102. A communication from the Assist- ‘‘Standards for Privacy of Individually Iden- ant General Counsel for Regulatory Law, Of- transmitting, pursuant to law, the report of tifiable Health Information’’ (RIN0091–AB08) a rule entitled ‘‘Medicaid Managed Care’’ fice of Environment, Safety and Health, De- received on March 19, 2001; to the Committee partment of Energy, transmitting, pursuant (RIN0938–AI70) received on March 16, 2001; to on Health, Education, Labor, and Pensions. the Committee on Finance. to law, the report of a rule entitled ‘‘Nuclear EC–1113. A communication from the Dep- Safety Management’’ (RIN1901–AA34) re- uty Executive Secretary to the Department ceived on March 19, 2001; to the Committee of Health and Human Services, transmitting, f on Environment and Public Works. pursuant to law, the report of a rule entitled EC–1103. A communication from the Sec- ‘‘Standards for Privacy of Individually Iden- REPORTS OF COMMITTEES retary of the Interior, transmitting the re- tifiable Health Information’’ (RIN0991–AB08) port of acceptance of the Palmerita Ranch received on March 19, 2001; to the Committee The following reports of committees Land Donation; to the Committee on Energy on Health, Education, Labor, and Pensions. were submitted: and Natural Resources. EC–1114. A communication from the Board From the Committee on Small Business, EC–1104. A communication from the Assist- of Trustees of the Federal Hospital Insurance with an amendment in the nature of a sub- ant General Counsel for Regulatory Law, Of- Trust Fund, transmitting, pursuant to law, stitute: fice of Security and Emergency Operations, the annual report related to the near-term Department of Energy, transmitting, pursu- and long-term financial outlook for 2001; to S. 295: A bill to provide emergency relief to ant to law, the report of a rule entitled ‘‘Se- the Committee on Finance. small businesses affected by significant in- curity Requirements for Protected Disclo- EC–1115. A communication from the Board creases in the prices of heating oil, natural sure Under Section 3164 of the National De- of the Federal Supplementary Medical Insur- gas, propane, and kerosene, and for other fense Authorization Act for Fiscal Year 2000’’ ance Trust Fund, transmitting, pursuant to purposes (Rept. No. 107–4). (RIN1992–AA26) received on March 19, 2001; to law, the annual report evaluating the finan- From the Committee on Small Business, the Committee on Energy and Natural Re- cial adequacy of the SMI program for cal- with amendments: sources. endar year 2001; to the Committee on Fi- S. 395: A bill to ensure the independence EC–1105. A communication from the Assist- nance. and nonpartisan operation of the Office of ant General Counsel for Regulatory Law, De- EC–1116. A communication from the Board Advocacy of the Small Business Administra- partment of Energy, transmitting, pursuant of Trustees of the Federal Old-Age and Sur- tion (Rept. No. 107–5).

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4215 INTRODUCTION OF BILLS AND DURBIN, Mr. BROWNBACK, Ms. payments for direct graduate medical JOINT RESOLUTIONS LANDRIEU, Mr. LUGAR, Mr. BAYH, and education under the medicare program. Mr. DEWINE): S. 143 The following bills and joint resolu- S. 592. A bill to amend the Internal Rev- tions were introduced, read the first enue Code of 1986 to create Individual Devel- At the request of Mr. GRAMM, the and second times by unanimous con- opment Accounts, and for other purposes; to name of the Senator from Indiana (Mr. sent, and referred as indicated: the Committee on Finance. LUGAR) was added as a cosponsor of S. By Mr. GRAHAM (for himself, Mr. f 143, a bill to amend the Securities Act CHAFEE, Mr. MCCAIN, Mrs. FEINSTEIN, of 1933 and the Securities Exchange Act SUBMISSION OF CONCURRENT AND Mr. JEFFORDS, Mr. WELLSTONE, Mrs. of 1934, to reduce securities fees in ex- MURRAY, Mr. KENNEDY, Ms. COLLINS, SENATE RESOLUTIONS cess of those required to fund the oper- Mr. SPECTER, Mr. SCHUMER, and Mrs. The following concurrent resolutions ations of the Securities and Exchange CLINTON): and Senate resolutions were read, and S. 582. A bill to amend titles XIX and XXI Commission, to adjust compensation of the Social Security Act to provide States referred (or acted upon), as indicated: provisions for employees of the Com- with the option to cover certain legal immi- By Mr. HUTCHINSON: mission, and for other purposes. grants under the medicaid and State chil- S. Res. 61. A resolution expressing the S. 155 sense of the Senate that the Secretary of dren’s health insurance program; to the At the request of Mr. BINGAMAN, the Veterans Affairs should recognize board cer- Committee on Finance. name of the Senator from Wisconsin By Mr. KENNEDY (for himself, Mr. tifications from the American Association of EINGOLD SPECTER, Mr. LEAHY, Mr. JEFFORDS, Physician Specialists, Inc., for purposes of (Mr. F ) was added as a cospon- Mr. GRAHAM, Mr. CHAFEE, and Mrs. the payment of special pay by the Veterans sor of S. 155, a bill to amend title 5, CLINTON): Health Administration; to the Committee on United States Code, to eliminate an in- S. 583. A bill to amend the Food Stamp Act Veterans’ Affairs. equity in the applicability of early re- of 1977 to improve nutrition assistance for By Mr. HELMS (for himself, Mr. tirement eligibility requirements to working families and the elderly, and for WELLSTONE, Mr. HUTCHINSON, and Mr. military reserve technicians. other purposes; to the Committee on Agri- SMITH of New Hampshire): culture, Nutrition, and Forestry. S. Con. Res. 27. A concurrent resolution ex- S. 170 By Mrs. CLINTON (for herself, Mr. pressing the sense of Congress that the 2008 At the request of Mr. REID, the WELLSTONE, and Mr. DODD): Olympic Games should not be held in Beijing names of the Senator from Nebraska S. 584. A bill to designate the United unless the Government of the People’s Re- (Mr. HAGEL) and the Senator from Mis- States courthouse located at 40 Centre public of China releases all political pris- sissippi (Mr. COCHRAN) were added as Street in New York, New York, as the oners, ratifies the International Covenant on cosponsors of S. 170, a bill to amend ‘‘Thurgood Marshall United States Court- Civil and Political Rights, and observes title 10, United States Code, to permit house’’; to the Committee on Environment internationally recognized human rights; to and Public Works. the Committee on Foreign Relations. retired members of the Armed Forces By Mr. CRAPO (for himself, Mr. CRAIG, who have a service-connected dis- f and Mr. SMITH of New Hampshire): ability to receive both military retired S. 585. A bill to provide funding for envi- ADDITIONAL COSPONSORS pay by reason of their years of military ronmental and natural resource restoration S. 41 service and disability compensation in the Coeur d’Alene River Basin, Idaho; to from the Department of Veterans Af- the Committee on Environment and Public At the request of Mr. HATCH, the Works. name of the Senator from Virginia (Mr. fairs for their disability. By Mr. DODD: ALLEN) was added as a cosponsor of S. S. 278 S. 586. A bill to authorize negotiation for 41, a bill to amend the Internal Rev- At the request of Mr. JOHNSON, the the accession of Chile to the North American name of the Senator from Louisiana Free Trade Agreement, to provide for fast enue Code of 1986 to permanently ex- (Ms. LANDRIEU) was added as a cospon- track consideration, and for other purposes; tend the research credit and to in- to the Committee on Finance. crease the rates of the alternative in- sor of S. 278, a bill to restore health By Mr. CONRAD (for himself, Mr. cremental credit. care coverage to retired members of THOMAS, Mr. DASCHLE, Mr. JOHNSON, S. 90 the uniformed services. and Mr. ROBERTS): S. 316 S. 587. A bill to amend the Public Health At the request of Mr. BINGAMAN, the At the request of Mr. MCCONNELL, Service Act and title XVIII of the Social Se- name of the Senator from Indiana (Mr. curity Act to sustain access to vital emer- BAYH) was added as a cosponsor of S. the name of the Senator from Nevada gency medical services in rural areas; to the 90, a bill authorizing funding for (Mr. ENSIGN) was added as a cosponsor Committee on Finance. nanoscale science and engineering re- of S. 316, a bill to provide for teacher li- By Mr. SCHUMER (for himself and search and development at the Depart- ability protection. Mrs. CLINTON): ment of Energy for fiscal years 2002 S. 326 S. 588. A bill to reduce acid deposition under the Clean Air Act, and for other pur- through 2006. At the request of Ms. COLLINS, the poses; to the Committee on Environment and S. 133 name of the Senator from Michigan Public Works. At the request of Mr. BAUCUS, the (Ms. STABENOW) was added as a cospon- By Mr. SMITH of New Hampshire: names of the Senator from Ohio (Mr. sor of S. 326, a bill to amend title XVIII S. 589. A bill to make permanent the mora- DEWINE), the Senator from New York of the Social Security Act to eliminate torium on the imposition of taxes on the (Mr. SCHUMER), the Senator from New the 15 percent reduction in payment Internet; to the Committee on Commerce, rates under the prospective payment Science, and Transportation. Jersey (Mr. TORRICELLI), the Senator By Mr. JEFFORDS (for himself, Mr. from Illinois (Mr. DURBIN), the Senator system for home health services and to BREAUX, Mr. FRIST, Mrs. LINCOLN, from Mississippi (Mr. COCHRAN), and permanently increase payments for Ms. SNOWE, Mr. CHAFEE, and Mr. CAR- the Senator from Massachusetts (Mr. such services that are furnished in PER): KERRY) were added as cosponsors of S. rural areas. S. 590. A bill to amend the Internal Rev- 133, a bill to amend the Internal Rev- S. 393 enue Code of 1986 to allow a refundable tax enue Code of 1986 to make permanent At the request of Mr. FRIST, the credit for health insurance costs, and for other purposes; to the Committee on Fi- the exclusion for employer-provided name of the Senator from Georgia (Mr. nance. educational assistance programs, and MILLER) was added as a cosponsor of S. By Mr. BENNETT (for himself and Mr. for other purposes. 393, a bill to amend the Internal Rev- REID): S. 135 enue Code of 1986 to encourage chari- S. 591. A bill to repeal export controls on At the request of Mrs. FEINSTEIN, the table contributions to public charities high performance computers; to the Com- for use in medical research. mittee on Banking, Housing, and Urban Af- name of the Senator from Rhode Island fairs. (Mr. CHAFEE) was added as a cosponsor S. 441 By Mr. SANTORUM (for himself, Mr. of S. 135, a bill to amend title XVIII of At the request of Mr. CAMPBELL, the LIEBERMAN, Mr. HUTCHINSON, Mr. the Social Security Act to improve name of the Senator from Nevada (Mr.

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 4216 CONGRESSIONAL RECORD—SENATE March 21, 2001

REID) was added as a cosponsor of S. care and adoption services for Indian one of many reports that show that in 441, a bill to provide Capitol-flown flags children in tribal areas. our zeal to discourage dependency in to the families of law enforcement offi- S. RES. 44 adults, we unintentionally punished cers and firefighters killed in the line At the request of Mr. COCHRAN, the children. of duty. names of the Senator from South Da- A study by the Center on Budget and S. 452 kota (Mr. JOHNSON) and the Senator Policy Priorities finds that the per- At the request of Mr. MURKOWSKI, the from Indiana (Mr. LUGAR) were added centage of low-income immigrant chil- name of the Senator from Oregon (Mr. as cosponsors of S. Res. 44, a resolution dren in publicly-funded coverage— SMITH) was added as a cosponsor of S. designating each of March 2001, and which was low even before welfare re- 452, a bill to amend title XVIII of the March 2002, as ‘‘Arts Education form—has fallen substantially. Social Security Act to ensure that the Month.’’ Florida is home to more than half a million uninsured children, many of Secretary of Health and Human Serv- f ices provides appropriate guidance to whom are in this country legally or are physicians, providers of services, and STATEMENTS ON INTRODUCED citizens whose immigrant parents are ambulance providers that are attempt- BILLS AND JOINT RESOLUTIONS ineligible for coverage and so think ing to properly submit claims under By Mr. GRAHAM (for himself, their children are similarly barred. Under this bill, States have the op- the medicare program to ensure that Mr. CHAFEE, Mr. MCCAIN, Mrs. tion of taking steps to change that by the Secretary does not target inad- FEINSTEIN, Mr. JEFFORDS, Mr. eliminating the arbitrary designation vertent billing errors. WELLSTONE, Mrs. MURRAY, Mr. of August 22, 1996, as a cutoff date for KENNEDY, Ms. COLLINS, Mr. S. 459 allowing children to get health care. SPECTER, Mr. SCHUMER, and At the request of Mr. BREAUX, the Giving States the option of providing name of the Senator from Minnesota Mrs. CLINTON): S. 582. A bill to amend titles XIX and this coverage to legal immigrant chil- (Mr. DAYTON) was added as a cosponsor dren and pregnant women would cover of S. 459, a bill to amend the Internal XXI of the Social Security Act to provide States with the option to cover more than 200,000 people a year. States Revenue Code of 1986 to reduce the tax have asked for this option. Many are certain legal immigrants under the on vaccines to 25 cents per dose. already trying to provide coverage but Medicaid and State children’s health S. 512 can’t make up the holes in their budg- insurance program; to the Committee At the request of Mr. DORGAN, the et. name of the Senator from Georgia (Mr. on Finance. In their 2001 Winter Policy Report, Mr. GRAHAM. Mr. President, I rise CLELAND) was added as a cosponsor of the National Governors’ Association today on behalf of Senators CHAFEE, S. 512, a bill to foster innovation and endorsed this commonsense policy pro- technological advancement in the de- MCCAIN, FEINSTEIN, JEFFORDS, posal. The National Council of State velopment of the Internet and elec- WELLSTONE, MURRAY, KENNEDY, COL- Legislators has also endorsed this bill. tronic commerce, and to assist the LINS, SPECTER, SCHUMER, CLINTON, and More than 200 respected public-interest States in simplifying their sales and myself to introduce the Immigrant groups including Catholic Charities, use taxes. Children’s Health Improvement Act of the National Council of La Raza, the 2001. S. 534 National Association of Public Hos- This bill will give States the option At the request of Mr. CAMPBELL, the pitals, the National Immigration Law to provide Medicaid and CHIP coverage name of the Senator from Colorado Center, the Children’s Defense Fund, to immigrant children and pregnant (Mr. ALLARD) was added as a cosponsor and the American Academy of Pediat- women who arrived legally in this of S. 534, a bill to establish a Federal rics have all joined together in support country after August 22, 1996. That is interagency task force for the purpose of the bill. Beginning today and for the date Congress passed the Personal of coordinating actions to prevent the months to come, these organizations Responsibility and Work Opportunity outbreak of bovine spongiform will be holding events to rally behind Reconciliation Act—commonly known encephalopathy (commonly known as this and other legislation that supports as welfare reform. ‘‘mad cow disease’’) and foot-and- the goal of providing healthy solutions The goal of that legislation was to mouth disease in the United States. for hard-working American families. encourage self-sufficiency in adults. Under this umbrella, Senators KEN- S. 543 But it also affected children, including NEDY and JEFFORDS will be introducing At the request of Mr. WELLSTONE, the immigrants, citizens, and those not yet name of the Senator from New York legislation to restore food stamps to born. The legislation cut off govern- legal immigrants and Representatives (Mr. SCHUMER) was added as a cospon- ment-supported health care for all LEVIN and MORELLA will be introducing sor of S. 543, a bill to provide for equal legal immigrants, regardless of their coverage of mental health benefits a bill to protect immigrant women ages or circumstances. from domestic violence. with respect to health insurance cov- Census data released last week of- erage unless comparable limitations Passage of the Immigrant Children’s fered good news on the number of unin- Health Improvement Act is an impor- are imposed on medical and surgical sured people in America. The data benefits. tant step in revisiting the welfare re- shows that the number of Americans form legislation. S. 548 without health insurance fell from 44.3 What we now realize, years after At the request of Mr. HARKIN, the million to 42.6 million in 1999. This is passing that landmark law, is that name of the Senator from Hawaii (Mr. the first decline since 1987. But the legal immigrant children are, as much INOUYE) was added as a cosponsor of S. news is not good for everyone who as citizen children, the next generation 548, a bill to amend title XVIII of the works hard in this country, who plays of Americans. Providing Medicaid and Social Security Act to provide en- by the rules, who tries to build a better CHIP to legal immigrant children is hanced reimbursement for, and ex- life for themselves and their families. critical in order to guarantee that gen- panded capacity to, mammography What was not in the headlines is the eration can be healthy and productive services under the medicare program, fact that the proportion of immigrant members of their adopted country. and for other purposes. children who are uninsured remains ex- We call upon Congress and the Presi- S. 550 tremely high. dent to act this year and pass this im- At the request of Mr. DASCHLE, the A new report by the Urban Institute portant bill. name of the Senator from South Da- shows that in the last year, nearly half kota (Mr. JOHNSON) was added as a co- of low-income immigrant children in By Mr. KENNEDY (for himself, sponsor of S. 550, a bill to amend part America had no health-insurance cov- Mr. SPECTER, Mr. LEAHY, Mr. E of title IV of the Social Security Act erage. In my State of Florida, that JEFFORDS, Mr. GRAHAM, Mr. to provide equitable access for foster ratio is nearly three to one. This is just CHAFEE, and Mrs. CLINTON):

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4217 S. 583. A bill to amend the Food The most vulnerable people among America can get the food they need to Stamp Act of 1977 to improve nutrition us—recent immigrants, children, and stay healthy. In seven common sense assistance for working families and the the elderly—are the ones who face the steps, this bill reaches goals shared by elderly, and for other purposes; to the greatest difficulty. Republicans and Republicans and Democrats alike—pro- Committee on Agriculture, Nutrition, Democrats agree that we need to work moting self-sufficiency, encouraging and Forestry. together in good faith to deliver senior transitions from welfare to work, and Mr. KENNEDY. Mr. President, today citizens from having to choose between eradicating hunger among children and Senator SPECTER, Senator LEAHY, Sen- heating and eating, and from having to seniors. ator JEFFORDS, Senator GRAHAM, Sen- choose between paying for their pre- First, this bill restores eligibility for ator CHAFEE, and I introduce the bipar- scription drugs or for their groceries. food stamps to all legal immigrants, a tisan ‘‘Nutrition Assistance for Work- There is also widespread agreement matter of fundamental fairness and ing Families and Seniors Act.’’ Our that more must be done to end child- basic need. The Kaiser Commission on goal is to repair specific holes that hood hunger. A July 1999 General Ac- Medicaid and the Uninsured reports time has worn in the nation’s core nu- counting Office study concludes, ‘‘Chil- that immigrant families on average trition safety net—the Food Stamp dren’s participation in the Food Stamp pay $80,000 more in taxes than they re- Program. Program has dropped more sharply ceive in local, state, and federal bene- Hunger is a silent crisis affecting than the number of children living in fits over a lifetime. For 30 years prior families all across America. No corner poverty, indicating a growing gap be- to welfare reform, food stamps were of our land is immune from this trag- tween need and assistance.’’ available to legal immigrants, and as edy. Sadly, the enormity of this crisis is today’s Urban Institute report con- The Nation can well afford to ensure confirmed by a major study released firms, legal immigrants are now among that the average food stamp benefit of today by the Urban Institute’s Na- those most in need of nutritional as- 79 cents per meal is available to every- tional Survey of America’s Families, sistance. Our laws recognize that legal one who truly needs it. In a time of which focuses upon the impact that immigrants need access to employ- economic prosperity, the moral imper- welfare reform has had on the children ment, education, and health care, yet ative to feed the hungry may be clear- of immigrants. The report finds that 80 all of these efforts are compromised est. But in a time of economic uncer- percent of the children of immigrants when legal immigrants are denied ac- tainty, the need to feed the hungry are United States citizens, but the im- cess to basic nutrition. should be clearest. The effort to prevent legal immi- The bottom line is that too many migrant status of parents prevents grants from accessing food stamps working families and seniors in Amer- these citizen children from receiving never made sense from a policy per- ica have trouble putting enough food the aid they need. According to the spective, and I am pleased to see con- on the table. On February 26, 2001, the Urban Institute, 24 percent of children siderable bipartisan momentum build- New York Times included a compelling of immigrants live in poverty coming to restore eligibility. Our key al- account of the difficulties faced by the pared to 16 percent of children of citi- lied in the effort to restore eligibility Payne family from Cleveland, Ohio. zens, and 37 percent of children of im- Mrs. Payne states that ‘‘it’s difficult to migrants live in households that have include the National Conference of work at a grocery store all day, look- difficulty putting enough food on the State Legislatures, the U.S. Conference ing at all the food I can’t buy, so I table each month, compared to 27 per- of Mayors, the National Association of imagine filling up my cart with one of cent of children of citizens. Counties, the National Black Caucus of those big orders and bringing home The report also shows that access to State Legislators, the Hispanic Caucus, enough food for all my kids.’’ She and public benefits makes a difference for leaders of all major religious denomi- her husband, a factory worker, rou- immigrant families. Largely because nations, and over 1,400 immigration, tinely go without dinner to be sure Massachusetts pays to provide food hunger, and social justice organiza- that their four children have enough to stamps to all legal immigrants, food tions that are active in every state. eat. The Payne family was among insecurity rates there are relatively Over twenty newspapers have published thousands of working families that similar for children of immigrants and editorials urging restoration of food have recently turned to emergency children of citizens 28 percent of immi- stamp eligibility to legal immigrants. food pantries and soup kitchens in grant children versus 22 percent of na- With such strong and broad public sup- search of help. The Payne family did tive children). Texas provides no such port, I am hopeful that immigrants not know that they were eligible for benefit, however, and this fact is re- will not have to wait another year to food stamps. flected in its food insecurity rates. have their access to basic nutrition re- Nationwide, participation in the Over 49 percent of children of immi- stored. Food Stamp Program has declined 34 grants lack secure access to adequate Second, this bill ends the child pen- percent since 1996, four times faster nutrition in Texas, compared to a third alty under current food stamp law. than the decline in the poverty rate. of children of citizens. Just as the marriage penalty in our tax This means that over 2 million fewer While hunger and malnutrition are code unfairly penalizes some couples, people who live in poverty are access- serious problems for people of all ages, existing law unfairly limits nutritional ing food stamps today. Over a quarter their effects are particularly damaging assistance to some families with chil- of the reduction in food stamp partici- to children. Hungry and undernour- dren. This bill fixes the problem by in- pation between 1994 and 1998 resulted ished children are more likely to be- dexing the food stamp standard deduc- from welfae reform and its elimination come anemic and to suffer from aller- tion to family size in a way that sim- of food stamp eligibility for legal im- gies, asthma, diarrhea, and infections. ply ensures that every family that is in migrants, both by directly rendering They are also more likely to have be- deep poverty, with earnings under 10 legal immigrants ineligible for food havioral problems and difficulty in percent of the poverty limit, will re- stamps, and by discouraging their U.S. learning. When children arrive at ceive the maximum current food stamp citizen children from accessing food school hungry, they cannot learn. If we benefit regardless of family size. Over stamps. do not address this silent crisis, our half of the benefit from this provision The results are predictable. The U.S. considerable investments in education will go to working families. Department of Agriculture determined and early learning activities will not Third, this bill addresses a core nu- that 4.9 million adults and 2.6 million have the full positive impact that they tritional concern of senior citizens and children lived in households that expe- should. Clearly more must be done for other low-income families on fixed in- rienced hunger during 1999. The Urban both the children of citizens and the comes, many of whom qualify for the Institute finds that 33 percent of children of immigrants. minimum food stamp benefit. The food former welfare recipients have to skip A strong Food Stamp Program is es- stamp minimum benefit has remained or cut meals due to lack of food. sential to ensure that all people in at $10 since 1977. This bill raises the

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 4218 CONGRESSIONAL RECORD—SENATE March 21, 2001 minimum benefit to $25 over the course ism, for the many people who have co- ED PUBLIC BENEFIT.—Section 403 of the Per- of five years, and then indexes it to in- operated in developing this legislation. sonal Responsibility and Work Opportunity flation. I’m proud to work with them for its Reconciliation Act of 1996 (8 U.S.C. 1613) is Fourth, this bill ensures that food prompt passage. amended— stamp law treats child support pay- I ask unanimous consent that the (1) in subsection (c)(2), by adding at the end the following: ments like income when calculating text of this bill be printed in the ‘‘(L) Assistance or benefits under the Food benefits, by disregarding 20 percent of RECORD. Stamp Act of 1977 (7 U.S.C. 2011 et seq.).’’; these payments in the benefit deter- There being no objection, the bill was and minations. This measure is consistent ordered to be printed in the RECORD, as (2) in subsection (d)— with last year’s overwhelming House follows: (A) by striking ‘‘not apply’’ and all that approval of a plan to encourage states S. 583 follows through ‘‘(1) an individual’’ and in- to pass more child support payments Be it enacted by the Senate and House of Rep- serting ‘‘not apply to an individual’’; and through to low-income families. Par- resentatives of the United States of America in (B) by striking ‘‘; or’’ and all that follows ents who know that their children will Congress assembled, through ‘‘402(a)(3)(B)’’. (c) AUTHORITY FOR STATES TO PROVIDE FOR directly benefit if they pay their child SECTION 1. SHORT TITLE. ATTRIBUTION OF SPONSOR’S INCOME AND RE- support are more likely to remain on This Act may be cited as the ‘‘Nutrition Assistance for Working Families and Seniors SOURCES TO THE ALIEN WITH RESPECT TO the job, pay their child support, and, Act of 2001’’. STATE PROGRAMS.—Section 422(b) of the Per- most importantly, remain involved SEC. 2. RESTORATION OF FOOD STAMP BENEFITS sonal Responsibility and Work Opportunity with their children. FOR LEGAL IMMIGRANTS. Reconciliation Act of 1996 (8 U.S.C. 1632(b)) is Fifth, this bill gives states more op- (a) LIMITED ELIGIBILITY OF QUALIFIED amended by adding at the end the following: tions for helping families make the ALIENS FOR CERTAIN FEDERAL PROGRAMS.— ‘‘(8) Programs comparable to assistance or transition from welfare to work. Cur- (1) IN GENERAL.—Section 402(a) of the Per- benefits under the Food Stamp Act of 1977 (7 rent food stamp law allows a 3-month sonal Responsibility and Work Opportunity U.S.C. 2011 et seq.).’’. (d) REQUIREMENTS FOR SPONSOR’S AFFI- state option for a transitional food Reconciliation Act of 1996 (8 U.S.C. 1612(a)) is DAVIT OF SUPPORT.—Section 423(d) of the stamp benefit. This bill mirrors Medic- amended— (A) in paragraph (2)— Personal Responsibility and Work Oppor- aid’s six-month Medicaid transitional (i) in subparagraph (A), by striking ‘‘Fed- tunity Reconciliation Act of 1996 (8 U.S.C. benefit for food stamps, simplifying eral programs’’ and inserting ‘‘Federal pro- 1183a note; Public Law 104–193) is amended by state recordkeeping, increasing state gram’’; adding at the end the following: flexibility, and helping TANF families (ii) in subparagraph (D)— ‘‘(12) Benefits under the Food Stamp Act of transition to work. (I) by striking clause (ii); and 1977 (7 U.S.C. 2011 et seq.), if a sponsor is un- Sixth, this bill improves access to (II) in clause (i)— able to make the reimbursement because the food stamp information, helping to en- (aa) by striking ‘‘(i) SSI.—’’ and all that sponsor experiences hardship (including sure that families like the Paynes are follows through ‘‘paragraph (3)(A)’’ and in- bankruptcy, disability, and indigence) or if serting the following: the sponsor experiences severe cir- aware of the help that remains avail- cumstances beyond the control of the spon- able to them. It helps rural families ‘‘(i) IN GENERAL.—With respect to the specified Federal program described in paragraph sor, as determined by the Secretary of Agri- apply for food stamps using online and (3)’’; culture.’’. telephone systems, eliminating the (bb) by redesignating subclauses (II) (e) DERIVATIVE ELIGIBILITY FOR BENEFITS.— need to travel to food stamp offices. It through (IV) as clauses (ii) through (iv) and Section 436 of the Personal Responsibility also supports stronger public-private indenting appropriately; and Work Opportunity Reconciliation Act of partnerships that generate and dis- (cc) by striking ‘‘subclause (I)’’ each place 1996 (8 U.S.C. 1646) is repealed. tribute information about the nation’s it appears and inserting ‘‘clause (i)’’; and (f) APPLICATION.—This section and the nutrition assistance program. (dd) in clause (iv) (as redesignated by item amendments made by this section shall (bb)), by striking ‘‘this clause’’ and inserting apply to assistance or benefits provided Finally, this bill increases federal under the Food Stamp Act of 1977 (7 U.S.C. support for emergency food programs, ‘‘this subparagraph’’; (iii) in subparagraph (E), by striking 2011 et seq.) for months beginning on or after 71 percent of which are operated by ‘‘paragraph (3)(A) (relating to the supple- April 1, 2002. faith based organizations. Sharp in- mental security income program)’’ and in- SEC. 3. PREVENTION OF HUNGER AMONG FAMI- creases in requests for help from food serting ‘‘paragraph (3)’’; LIES WITH CHILDREN. pantries and soup kitchens have oc- (iv) in subparagraph (F); (a) STANDARD DEDUCTION.—Section 5(e) of curred over the past year despite steep (I) by striking ‘‘Federal programs’’ and in- the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) declines in food stamp participation. serting ‘‘Federal program’’; is amended by striking paragraph (1) and in- Many food banks find themselves un- (II) in clause (ii)(I)— serting the following: able to meet the increased requests for (aa) by striking ‘‘(I) in the case of the spec- ‘‘(1) STANDARD DEDUCTION.— ‘‘(A) IN GENERAL.—Subject to subparagraph help. Nationally, the U.S. Conference ified Federal program described in paragraph (3)(A),’’; and (B), the Secretary shall allow a standard de- of Mayors and America’s Second Har- (bb) by striking ‘‘; and’’ and inserting a pe- duction for each household in the 48 contig- vest have independently documented a riod; and uous States and the District of Columbia, 15 to 20 percent increase in needs over (III) by striking subclause (II); Alaska, Hawaii, Guam, and the Virgin Is- 1998. 79 percent of Massachusetts food (v) in subparagraph (G), by striking ‘‘Fed- lands of the United States equal to the appli- pantries funded through Project Bread eral programs’’ and inserting ‘‘Federal pro- cable percentage established under subpara- reported serving more working poor in gram’’; graph (C) of the income standard of eligi- 1998, and 72 percent reported helping (vi) in subparagraph (H), by striking ‘‘para- bility under subsection (c)(1). more families with children. To ensure graph (3)(A) (relating to the supplemental se- ‘‘(B) LIMITATIONS.—The standard deduction for each household in the 48 contiguous that emergency food needs are met curity income program)’’ and inserting ‘‘paragraph (3)’’; and States and the District of Columbia, Alaska, without unnecessarily tapping Food (vii) by striking subparagraphs (I), (J), and Hawaii, Guam, and the Virgin Islands of the Stamp resources, this bill increases (K); and United States under subparagraph (A) shall funding for The Emergency Food As- (B) in paragraph (3)— not be— sistance Program by 10 percent. (i) by striking ‘‘means any’’ and all that ‘‘(i) less than $134, $229, $189, $269, and $118, The total cost of this bill amounts to follows through ‘‘The supplemental’’ and in- respectively; or about $2.75 billion over five years, serting ‘‘means the supplemental’’; and ‘‘(ii) more than the applicable percentage which would increase the cost of the (ii) by striking subparagraph (B). specified in subparagraph (C) of the income Food Stamp Program by about 2 per- (2) CONFORMING AMENDMENT.—Section standard of eligibility established under sec- cent. This bill’s cost is also modest in 402(b)(2)(F) of the Personal Responsibility tion (c)(1) for a household of 6 members. ‘‘(C) APPLICABLE PERCENTAGE.—The appli- relation to the current ten-year non- and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)(F)) is amended by cable percentage referred to in subpara- Social surplus—it uses but 0.2 percent striking ‘‘subsection (a)(3)(A)’’ and inserting graphs (A) and (B) shall be— of the projected federal surplus. ‘‘subsection (a)(3)’’. ‘‘(i) for fiscal year 2002, 8 percent; We’ve often heard that hunger has a (b) FIVE-YEAR LIMITED ELIGIBILITY OF ‘‘(ii) for fiscal year 2003, 8.5 percent; cure. This is a call to action, not a tru- QUALIFIED ALIENS FOR FEDERAL MEANS-TEST- ‘‘(iii) for fiscal year 2004, 9 percent;

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4219 ‘‘(iv) for fiscal year 2005, 9.5 percent; and allotment of the household and that the carry out pilot projects under paragraph (2) ‘‘(v) for each subsequent fiscal year, 10 per- household elects to report (as verified in ac- to improve the application and verification cent.’’. cordance with standards established by the process for low-income working households (b) APPLICATION DATE.—The amendments Secretary). to participate in the food stamp program. made by this section shall apply on the later ‘‘(4) DETERMINATION OF FUTURE ELIGI- ‘‘(2) ELIGIBLE PROJECTS.— of— BILITY.—In the final month of the transi- ‘‘(A) INTER-PROGRAM APPLICATION PROC- (1) July 1, 2002; or tional benefits period under paragraph (2), ESS.— (2) at the option of a State agency of a the State agency may— ‘‘(i) APPLICATION AT ONE-STOP DELIVERY State (as those terms are defined in section ‘‘(A) require a household to cooperate in a CENTERS.—The Secretary shall provide fund- 3 of the Food Stamp Act of 1977 (7 U.S.C. redetermination of eligibility to receive un- ing to not more than 5 States to conduct 2012)), October 1, 2002. interrupted benefits after the transitional pilot projects to improve inter-program co- SEC. 4. ENCOURAGEMENT OF COLLECTION OF benefits period; and ordination by co-locating employees and CHILD SUPPORT. ‘‘(B) renew eligibility for a new certifi- automated systems necessary to accept com- (a) IN GENERAL.—Section 5(e)(2) of the Food cation period for the household without re- plete initial processing of applications for Stamp Act of 1977 (7 U.S.C. 2014(e)(2)) is gard to whether the previous certification assistance under this Act at centers in one- amended— period has expired. stop delivery systems established under sec- (1) by inserting ‘‘AND CHILD SUPPORT’’ after ‘‘(5) LIMITATION.—A household sanctioned tion 134(c) of the Workforce Investment Act ‘‘INCOME’’; under section 6 shall not be eligible for tran- of 1998 (29 U.S.C. 2864(c)). (2) in subparagraph (A) by— sitional benefits under this subsection.’’. ‘‘(ii) APPLICATION FOR ASSISTANCE UNDER (A) striking ‘‘DEFINITION OF’’ and all that (b) CONFORMING AMENDMENTS.— MEDICAID/SCHIP.—The Secretary shall provide follows through ‘‘not include’’ and inserting (1) Section 3 of the Food Stamp Act of 1977 funding to not more than 5 States to conduct ‘‘LIMITATION ON DEDUCTION.—The deduction (7 U.S.C. 2012) is amended by striking sub- pilot projects to improve inter-program coin this paragraph shall not apply to’’; section (c) and inserting the following: ordination by co-locating employees and (B) striking ‘‘or’’ at the end of clause (i); ‘‘(c) CERTIFICATION PERIOD.— automated systems necessary to accept com- (C) striking the period at the end of clause ‘‘(1) IN GENERAL.—‘Certification period’ plete initial processing of applications for (ii) and inserting ‘‘; or’’; and means the period for which households shall assistance under this Act at locations where (D) adding at the end the following: be eligible to receive benefits under this Act. applications are received for assistance ‘‘(iii) child support received to the extent ‘‘(2) DURATION.— under titles XIX and XXI of the Social Secu- of any reduction in public assistance to the ‘‘(A) IN GENERAL.—A certification period rity Act (42 U.S.C. 1396 et seq. and 1397aa et household as a result of receiving such sup- shall not exceed 12 months, except that— seq.). port.’’; and ‘‘(i) a certification period may be up to 24 ‘‘(B) INTER-PROGRAM VERIFICATION PROC- (3) in subparagraph (B), by striking ‘‘to months if all adult household members are ESS.— compensate’’ and all that follows through elderly or disabled; and ‘‘(i) IN GENERAL.—The Secretary shall pro- the period and inserting ‘‘and child support ‘‘(ii) a certification period may be extended vide funding to not more than 5 States to received from an identified or putative par- during the transitional benefits period under conduct pilot projects to reduce administra- ent of a child in the household if that parent section 11(s). tive burdens on low-income working house- is not a household member.’’. ‘‘(B) EXTENSION.—The certification period holds by coordinating, to the maximum ex- (b) EFFECTIVE DATE.—The amendments may be extended to the end of a transitional tent practicable, verification practices under made by this section take effect on October benefits period established by a State under this Act and verification practices under ti- 1, 2002. section 11(s). tles XIX and XXI of the Social Security Act SEC. 5. MINIMUM FOOD STAMP ALLOTMENT. ‘‘(3) CONTACT.—A State agency shall have (42 U.S.C. 1396 et seq. and 1397aa et seq.). Section 8(a) of the Food Stamp Act of 1977 at least 1 contact with each certified house- ‘‘(ii) ELIGIBILITY.—To be eligible to con- (7 U.S.C. 2017(a)) is amended by striking hold— duct a pilot project under clause (i), a State ‘‘shall be $10 per month.’’ and inserting ‘‘(A) at least once every 12 months; or must have an automation system with the ‘‘shall be— ‘‘(B) in a case in which the household is in capacity to verify through electronic records ‘‘(1) for each of fiscal years 2002 and 2003, a transitional benefits period under section the most common sources of incomes under $15 per month; 11(s), within the 6-month period beginning on this Act and titles XIX and XXI of the Social ‘‘(2) for each of fiscal years 2004 and 2005, the date on which cash assistance is termi- Security Act. $20 per month; nated.’’. ‘‘(iii) ADMINISTRATION.—The Secretary and ‘‘(3) for fiscal year 2006, $25 per month; (2) Section 6(c) of the Food Stamp Act of the Secretary of Health and Human Services ‘‘(4) for fiscal year 2007 and each subse- 1977 (7 U.S.C. 2015(c)) is amended by striking shall adjust procedures under this Act and quent fiscal year, the minimum allotment ‘‘No household’’ and inserting ‘‘Except in a titles XIX and XXI of the Social Security under paragraph (3), adjusted on each Octo- case in which a household is receiving transi- Act, to the extent each of the Secretaries de- ber 1 to reflect the percentage change in the tional benefits during the transitional bene- termines appropriate, to facilitate pilot cost of the thrifty food plan for the 12-month fits period under section 11(s), no house- projects under clause (i). period ending in the preceding June, rounded hold’’. ‘‘(3) PREFERENCES.—In selecting pilot to the nearest lower dollar increment.’’. SEC. 7. FOOD STAMP INFORMATION. projects under this subsection, the Secretary SEC. 6. TRANSITIONAL BENEFITS OPTION. (a) TRAINING MATERIALS; NUTRITION INFOR- shall provide a preference to projects that— (a) IN GENERAL.—Section 11 of the Food MATION.—Section 11 of the Food Stamp Act ‘‘(A) operate in rural areas; or Stamp Act of 1977 (7 U.S.C. 2020) is amended of 1977 (7 U.S.C. 2020) (as amended by section ‘‘(B) benefit low-income households resid- by adding at the end the following: 6) is amended by adding at the end the fol- ing in remote rural areas. ‘‘(s) TRANSITIONAL BENEFITS OPTION.— lowing: ‘‘(4) WAIVER.—To reduce travel and paper- ‘‘(1) IN GENERAL.—A State may provide ‘‘(t) RESOURCES FOR STATE AGENCY EM- work burdens on eligible households, the transitional food stamp benefits to a house- PLOYEES.—The Secretary, in partnership Secretary may waive requirements under hold that is no longer eligible to receive cash with State agencies, shall develop training sections 6(c) and 11(e)(3) for pilot projects assistance under a State program funded materials, guidebooks, and other resources conducted under this subsection. under part A of title IV of the Social Secu- for use by employees of State agencies that ‘‘(5) EVALUATION OF PILOT PROJECTS.—Any rity Act (42 U.S.C. 601 et seq.). focus on issues of access and eligibility under State conducting a pilot project under this ‘‘(2) TRANSITIONAL BENEFITS PERIOD.— the food stamp program. subsection shall provide to the Secretary, in Under paragraph (1), a household may con- ‘‘(u) NUTRITION INFORMATION.—The Sec- accordance with standards established by the tinue to receive food stamp benefits for a pe- retary shall maintain a toll-free information Secretary, an evaluation of the effectiveness riod of not more than 6 months after the number for individuals to call to obtain in- of the project. date on which cash assistance is terminated. formation concerning the nutrition pro- ‘‘(6) FUNDING.—Of funds made available ‘‘(3) AMOUNT.—During the transitional ben- grams.’’. under section 18 for each of fiscal years 2001 efits period under paragraph (2), a household (b) INTER-PROGRAM COORDINATION OF AP- and 2002, the Secretary shall use— shall receive an amount equal to the allot- PLICATION AND VERIFICATION PROCESS.—Sec- ‘‘(A) $10,000,000 to pay 75 percent of the ad- ment received in the month immediately tion 17 of the Food Stamp Act of 1977 (7 ditional costs incurred by State agencies to preceding the date on which cash assistance U.S.C. 2026) is amended by striking sub- conduct pilot projects under paragraph 2(A); is terminated, adjusted for— section (e) and inserting the following: and ‘‘(A) the change in household income as a ‘‘(e) PILOT PROJECTS FOR INTER-PROGRAM ‘‘(B) $500,000 to pay 75 percent of the costs result of the termination of cash assistance; COORDINATION OF APPLICATION AND of evaluating pilot projects conducted under and VERIFICATION PROCESS.— paragraph 2(B).’’. ‘‘(B) any changes in circumstances that ‘‘(1) IN GENERAL.—The Secretary shall pro- (c) INNOVATIVE PARTICIPATION STRATE- may result in an increase in the food stamp vide the Federal shares of funds to States to GIES.—Section 17 of the Food Stamp Act of

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 4220 CONGRESSIONAL RECORD—SENATE March 21, 2001 1977 (7 U.S.C. 2026) is amended by adding at ‘‘(iii) local agencies that operate child nu- Street in New York, New York, as the the end the following: trition programs (as those terms are defined ‘‘Thurgood Marshall United States ‘‘(l) INNOVATIVE OUT-OF-OFFICE APPLICA- in section 25(b) of the Richard B. Russell Na- Courthouse’’; to the Committee on En- TION AND PARTICIPATION STRATEGIES.— tional School Lunch Act (42 U.S.C. 1769f(b)); vironment and Public Works. ‘‘(1) IN GENERAL.—The Secretary shall con- and duct demonstration projects to evaluate the ‘‘(iv) other organizations designated by the Mrs. CLINTON. Mr. President, it is feasibility and desirability of allowing eligi- Secretary an honor to be here today in order to ble households to participate in the food ‘‘(B) GEOGRAPHICAL DISTRIBUTION OF RECIPI- join my colleague Congressman ELIOT stamp program through the use of the Inter- ENTS.— ENGEL and other members of the New net and telephones instead of through in-of- ‘‘(i) IN GENERAL.— Subject to clause (ii), York Delegation in introducing a bill fice visits and interviews. the Secretary shall select, from all eligible that would designate the U.S. Court- ‘‘(2) PREFERENCES.—The Secretary shall applications, at least 1 recipient to receive a house situated at 40 Centre Street in grant under this subsection from— provide a preference under this subsection to New York City the Thurgood Marshall projects that— ‘‘(I) each region of the Department of Agri- ‘‘(A)(i) are conducted in rural areas; or culture; and United States Courthouse. ‘‘(ii) serve eligible households in remote lo- ‘‘(II) in addition to recipients selected The courthouse on 40 Centre Street is cations; and under subclause (I), each rural or urban area the site where Thurgood Marshall ‘‘(B) are collaborative efforts between determined to be appropriate by the Sec- served from 1961 to 1965 during his ten- State agencies and nonprofit community retary. ure on the U.S. Second Circuit Court of groups. ‘‘(ii) EXCEPTION.—The Secretary shall not Appeals. For over 30 years of his life, ‘‘(m) GRANTS FOR PARTNERSHIPS AND TECH- be required to award grants based on the geographical guidelines under clause (i) to Thurgood Marshall worked in New NOLOGY.— York, first as chief counsel of the ‘‘(1) IN GENERAL.—The Secretary shall pro- the extent that the Secretary determines vide grants to State agencies and nonprofit that an insufficient number of eligible grant NAACP, and later as a Justice on the organizations to conduct projects to improve applications has been received. Second Circuit Court of Appeals. access to the food stamp program through ‘‘(3) CRITERIA.—The Secretary shall de- President Kennedy nominated partnerships and innovative technology. velop criteria for awarding grants under Thurgood Marshall to serve on the fed- ‘‘(2) PRIORITY.—In providing grants under paragraph (1) that are based on— eral bench in a recess appointment—at this subsection, the Secretary shall give pri- ‘‘(A) the demonstrated record of an organi- the time there was resistance to an Af- zation in serving low-income households; ority to projects that focus on households rican American being named to the with low food stamp participation. ‘‘(B) the ability of an organization to reach hard-to-serve households; federal appeals court. Robert Kennedy ‘‘(n) GRANTS FOR COMMUNITY PARTNERSHIPS ‘‘(C) the level of innovation in the pro- was Thurgood Marshall’s sponsor, and AND INNOVATIVE OUTREACH STRATEGIES.— posals submitted in the application of an or- ‘‘(1) ESTABLISHMENT.—The Secretary shall sat beside him in a show of support establish a program to award grants to eligi- ganization for a grant; and throughout his confirmation hearing. ble organizations described in paragraph ‘‘(D) the development of partnerships be- The Senate eventually confirmed his tween the public and private sector entities (2)— nomination. and the community. ‘‘(A) to develop and test innovative strate- Later, President Johnson went on to ‘‘(4) ADMINISTRATION.— gies to ensure that low-income needy eligible ‘‘(A) ADMINISTRATIVE COSTS.—Not more name Justice Marshall Solicitor Gen- households that contain 1 or more members than 5 percent of the funds made available eral of the United States, and then to that are former or current recipients of bene- for the grant program under paragraph (5) nominate him as the first African fits under a State program established under shall be used by the Secretary for adminis- part A of title IV of the Social Security Act American to serve on the United States trative costs incurred in carrying out this (42 U.S.C. 601 et seq.) continue to receive Supreme Court. There, he became one subsection. benefits under this Act if the households of the most influential and respected ‘‘(B) PROGRAM EVALUATIONS.— meet the requirements of this Act; justices of this past century. In a trib- ‘‘(i) IN GENERAL.—The Secretary shall con- ‘‘(B) to help ensure that households that duct evaluations of programs funded by ute to Justice Marshall, Chief Justice have applied for benefits under a State pro- grants under this subsection. Rehnquist said: gram established under part A of title IV of ‘‘(ii) LIMITATION.—Not more than 20 per- Inscribed above the front entrance to the the Social Security Act, but that did not recent of funds made available for the grant Supreme Court building are the words ceive the benefits because of State require- program under paragraph (5) shall be used ‘‘Equal Justice Under Law.’’ Surely, no one ments or ineligibility for the benefits, are for program evaluations under clause (i). individual did more to make these words a aware of the availability of, and are provided ‘‘(5) FUNDING.—Of funds made available reality than Thurgood Marshall. assistance in receiving, benefits under this under section 18 for each of fiscal years 2001 It is amazing to think that a little Act if the households meet the requirements and 2002, the Secretary shall use $10,000,000 of this Act; to carry out the grant program under this boy who grew up under the iron grip of ‘‘(C) to conduct outreach to households subsection.’’. Jim Crow, a talented student who was with earned income that is at or above the SEC. 8. AUTHORIZATION OF APPROPRIATIONS denied admission to the University of income eligibility limits for benefits under a FOR ADDITIONAL COMMODITIES Maryland’s Law School because of his State program established under part A of UNDER EMERGENCY FOOD ASSIST- race and went on to graduate at the top title IV of the Social Security Act if the ANCE PROGRAM. households meet the requirements of this Section 214 of the Emergency Food Assist- of his law class at Howard University, Act; and ance Act of 1983 (7 U.S.C. 7515) is amended by charted a course in the courts that led ‘‘(D) to conduct outreach to households adding at the end the following: the way for the Civil Rights Movement with children if the households meet the re- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— to put an end to the segregation that quirements of this Act. ‘‘(1) IN GENERAL.—In addition to any other had plagued our country for so long. ‘‘(2) ELIGIBLE ORGANIZATIONS.— funds that are made available to carry out Thurgood Marshall will always be ‘‘(A) IN GENERAL.—Grants under paragraph this section, there are authorized to be ap- our nation’s preeminent civil rights (1) may be provided to— propriated to purchase and make available additional commodities under this section lawyer. He won 29 of the 32 cases he ar- ‘‘(i) food banks, food rescue organizations, gued before the Supreme Court. During faith-based organizations, and other organi- $20,000,000 for each of fiscal years 2002 zations that supply food to low-income through 2006. his time with the NAACP, he argued households; ‘‘(2) DIRECT EXPENSES.—Not less than 50 one of the hallmark court cases of our ‘‘(ii) schools, school districts, health clin- percent of the amount made available under time, Brown v. Board of Education, ics, non-profit day care centers, Head Start paragraph (1) shall be used to pay direct ex- which declared segregation illegal. agencies under the Head Start Act (42 U.S.C. penses (as defined in section 204(a)(2)) in- For those of us who were alive then, 9831 et seq.), Healthy Start agencies under curred by emergency feeding organizations we will forever have etched in our con- section 301 of the Public Health Service Act to distribute additional commodities to needy persons.’’. sciousness images of the Little Rock (42 U.S.C. 241), and State agencies and local Nine, and the sheer courage of those agencies providing assistance under the special supplemental nutrition program for By Mrs. CLINTON (for herself, children who would not be deterred women, infants, and children established Mr. WELLSTONE, and Mr. DODD): from their efforts to integrate Central under section 17 of the Child Nutrition Act of S. 584. A bill to designate the United High School. As foot soldiers of the 1966 (42 U.S.C. 1786); States courthouse located at 40 Centre first true test of Brown v. Board of

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4221 Education, the Little Rock Nine will inspiration for a generation of us who with Latin America and more fully en- always be American heroes. And so will grew up watching him change the law gage our neighbors to the South. West- Thurgood Marshall, whose brilliance of this country, making a difference in ern Hemisphere trade ministers are and persistence in the courtroom made the lives of millions and millions of planning to develop a draft proposal for possible the eventual success of the people but also for generations to a Free Trade Area of the Americas at civil rights movement, as it took root come, who will remember and reflect their ministerial meeting in Buenos in small towns and large cities all on his work as an inspiration in their Aires in April. This draft will then be across America. time to redress the wrongs of their age. considered by Western Hemisphere Thurgood Marshall was a role model It is appropriate, proper, and fitting leaders at the third Summit of the to all who knew him in the way that he that this building in New York that Americas in Quebec City at the end of carried himself and treated his cowork- houses the Federal judiciary be named that month. I hope that this summit ers and friends. He was known for his for such an inspiring figure of our bears fruit. Indeed, I have been work- casualness, and his ability to put peo- times. ing toward a free trade agreement of ple at ease. And he enjoyed life—his I commend the Senator from New the Americas for many years. We son, Thurgood Marshall, Jr., has shared York for offering this, for her words should quickly take the first step to- with me the love his father held for today, and my compliments to ward economic integration with our New York City and the joy he found Thurgood Marshall’s family. Thurgood Southern neighbors by including Chile, there. I had the privilege of attending Marshall, Jr. has been a great friend to who has been in negotiations to join his memorial service, and saw that 85 many of us here and has been a wonder- NAFTA since early January, in our of his former law clerks were there. ful public servant in his own right. He North American trade agreement. Chile is surely worthy of membership This is a great testament to Thurgood carries on the great tradition his fa- in NAFTA. In fact, Chile has already Marshall, and I believe they, and all ther carried as a judge and Member of signed a free trade agreement with the good works they do, may be one of the U.S. Supreme Court. Canada in 1996. And, in addition, Chile his greatest legacies. I ask unanimous consent I be allowed has also put in place a free trade agree- New Yorkers will be proud to have a to be a cosponsor of this bill. ment with Mexico. After a brief slow- courthouse named after a man who The PRESIDING OFFICER. Without down last year, today the Chilean econ- committed himself to attaining equal objection, it is so ordered. omy is growing at a healthy annual opportunity for every American. For The Senator from Minnesota. rate of more than 6 percent. Chile is many years of his life, Thurgood Mar- Mr. WELLSTONE. Mr. President, I noted for its concern for preserving the thank Senator CLINTON for her words shall was denied access to the institu- environment, and has put in place envi- about Thurgood Marshall. I certainly tions, restaurants and hotels in New ronmental protections that are laud- also would like to be a cosponsor of York City and elsewhere. But he al- able. Chile’s fiscal house is in order as this. I recommend on the floor of the ways found an open door at the court- evidenced by a balanced budget, strong house, and he never gave up on his be- Senate, if it is appropriate, Juan Wil- currency, strong foreign reserves, and lief that he could right the nation’s liams’ wonderful biography of continued inflows of foreign capital, in- wrongs through the courts. There could Thurgood Marshall that I read about 6 cluding significant direct investment. not be a more fitting tribute than to months ago, which was a very inspiring In addition, Chile has already em- name a courthouse in New York City, a biography because it was about such an braced the ideals of free trade. Since city at the forefront of so many na- inspiring civil rights leader and great 1998, the Chilean tariff on goods from tional and global movements, after judge. countries with which Chile does not Thurgood Marshall, an American hero I thank the Senator from New York yet have a free trade agreement has and visionary whose work embodies the for her remarks. fallen from 11 percent to 8 percent. spirit of our country. That tariff is scheduled to continue to By Mr. DODD: I ask unanimous consent that the fall by a point a year until it reaches 6 S. 586. A bill to authorize negotiation text of the bill be printed in the percent in 2003. While some goods are RECORD. for the accession of Chile to the North still assessed at a higher rate, the There being no objection, the mate- American Free Trade Agreement, to United States does a brisk export busi- rial was ordered to be printed in the provide for fast track consideration, ness to Chile, sending approximately RECORD, as follows: and for other purposes; to the Com- $3.6 billion in American goods to that S. 584 mittee on Finance. South American nation. That rep- Mr. DODD. Mr. President, I rise Be it enacted by the Senate and House of Rep- resents 24 percent of Chile’s imports. resentatives of the United States of America in today to reintroduce legislation I au- That $3.6 billion in exports represents Congress assembled, thored last year to enable the Presi- thousands of American jobs across the SECTION 1. DESIGNATION OF THURGOOD MAR- dent to admit Chile into NAFTA. Near- Nation. SHALL UNITED STATES COURT- ly 6 years ago, a bipartisan majority of Our firm belief in the importance of HOUSE. this body ratified the North American democracy continues to drive our for- The United States courthouse located at 40 Free Trade Agreement. Since then the eign policy. After seventeen years of Centre Street in New York, New York, shall promises of new jobs, increased ex- be known and designated as the ‘‘Thurgood dictatorship, Chile returned to the Marshall United States Courthouse’’. ports, lower tariffs and a clearer envi- family of democratic nations following ronment have all been realized. In SEC. 2. REFERENCES. the 1988 plebiscite. Today, the Presi- Any reference in a law, map, regulation, other words, Mr. President, NAFTA has dent and the legislature are both popu- document, paper, or other record of the succeeded despite the predictions of larly elected and the Chilean armed United States to the United States court- some that America could not compete forces effectively carry out their re- house referred to in section 1 shall be deemed in today’s global economy. sponsibilities as mandated in Chile’s to be a reference to the Thurgood Marshall As I said last year, with the success Constitution. American investment United States Courthouse. of NAFTA as a backdrop, it is now high and trade cay play a critical role in The PRESIDING OFFICER. The Sen- time to move forward and expand the building on Chile’s political and eco- ator from Connecticut. free trade zone to other countries in nomic successes. Mr. DODD. Mr. President, I commend our hemisphere. To help accomplish It is unrealistic to think that the my colleagues from New York and our that important goal, my legislation President will have the ability to nego- colleagues in the House, Congressman will authorize and enable the President tiate a free trade agreement without ENGEL, for their introduction of this to move forward with negotiations on a fast track authority. Nor should we ask bill. I compliment my friend from New free trade agreement with Chile. Chilean authorities to conduct negotia- York for her wonderful remarks about President Bush has stated time and tions under such circumstances. There- Thurgood Marshall, who has been an again that he wants to increase ties fore, the bill I am introducing today

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 4222 CONGRESSIONAL RECORD—SENATE March 21, 2001 will provide President Bush with a lim- nities continues to rise. Unfortunately, patient’s symptoms were the result of ited fast track authority which will while the need for effective EMS sys- heartburn, for example, rather than a apply only to this specific treaty. I be- tems may increase, we have seen the serious heart condition, the ambulance lieve that fast track is key to enabling number of individuals able to provide provider is denied payment for serv- the President to negotiate the most ad- these services decline. Nationwide, the ices. This is simply unfair. vantageous trade agreements, and majority of emergency medical per- While it is certainly important that should therefore be re-authorized. At sonnel are unpaid volunteers. As rural EMS providers take care not to provide this point, however, there are stum- economies continue to suffer, and indi- unnecessary services, it is unfair to bling blocks we must surmount before viduals have less and less time to de- deny ambulance providers payment generic fast track can be re-authorized. vote to volunteering, it has become in- when they provide immediate emer- Those stumbling blocks should not be creasingly difficult for rural EMS gency services to individuals who ap- allowed to stand in the way of free squads to recruit and retain personnel. pear tin serious need of medical care. trade with Chile. In my State of North Dakota, this phe- In my State, EMS providers are oper- Naysayers claim that free trade nomenon has resulted in a sharp reduc- ating on tight budgets and cannot af- prompts American business to move tion in EMS squad size. In 1980, on av- ford to provide high levels of uncom- overseas and costs American workers erage there were 35 members per EMS pensated care. To ensure EMS services their jobs. They will tell you that squad; today, the average squad size remain available, particularly in un- America, the Nation with the largest has plummeted to 12 individuals per derserved rural areas, we must ensure and strongest economy, the best work- unit. I am concerned that continued re- that EMS providers are appropriately ers, and the greatest track record of in- ductions in EMS squad size could jeop- reimbursed for the care they provide to novation cannot compete with other ardize rural residents’ access to needed our communities. For this reason, my nations. medical services. legislation would revise the ‘‘prudent The past 61⁄2 years since we ratified For this reason, the legislation I am layperson’’ definition to include ambu- NAFTA have proven them wrong. introducing today includes measures to lance services. This change will ensure Today, tariffs are down and exports are help communities recruit, retain, and that ambulance providers who provide up. The environment in North America train EMS providers. My bill would es- care in situations where a responsible is cleaner. Most importantly, NAFTA tablish a Rural Emergency Medical observer would deem this care medi- has created 710,000 new American jobs Services Training and Equipment As- cally necessary receive reimbursement all across the Nation. sistance program. This program would under traditional Medicare, The many successes of NAFTA are an authorize $50 million in grant funding Medicare+Choice, and Medicaid man- indication of the potential broader free for fiscal years 2002–2007, which could aged care. trade agreements hold for our econ- be used in rural EMS squads to meet It is my hope that the Sustaining Ac- omy. Furthermore, trade and economic various personnel needs. For example, cess to Vital Emergency Medical Serv- relationships foster American influ- this funding could help cover the costs ices Act will help ensure EMS pro- ence and support our foreign policy. In of training volunteers in emergency re- viders can continue providing quality other words, this bill represents new sponse, injury prevention, and safety medical care to our communities. I am American jobs in every state in the na- awareness; volunteers could also access happy to say that this legislation is tion, a stronger American economy and this funding to help meet the costs of supported by the National Association greater American influence in our own obtaining State emergency medical of State EMS Directors, the National Hemisphere. I urge my colleagues to certification. In addition, EMS squads Rural Health Association, and the support this bill. would be offered the flexibility to use American Ambulance Association. I am grant funding to acquire new equip- also pleased that Senators THOMAS, By Mr. CONRAD (for himself, Mr. ment, such as cardiac defibrillators. DASCHLE, JOHNSON, and others are join- THOMAS, Mr. DASCHLE, Mr. This is particularly important for rural ing me in this effort. I urge my col- JOHNSON, and Mr. ROBERTS): squads that have difficulty affording leagues to support this important piece S. 587. A bill to amend the Public state-of-the-art equipment that is of legislation. Health Service Act and title XVIII of needed for stabilizing patients during Mr. THOMAS. Mr. President, I am the Social Security Act to sustain ac- long travel times between the rural ac- pleased to rise today to introduce ‘‘The cess to vital emergency medical serv- cident site and the nearest medical fa- Sustaining Access to Vital Emergency ices in rural areas; to the Committee cility. This grant funding could also be Medical Services Act of 2001’’ with Sen- on Finance. used to provide community education ators CONRAD, DASCHLE, ROBERTS and Mr. CONRAD. Mr. President, today I training in CPR, first aid or other JOHNSON. As with all rural health legis- am introducing the Sustaining Access emergency medical needs. lation I have worked on, I am proud of to Vital Emergency Medical Services In addition, this legislation takes the bipartisan effort behind this bill. Act of 2001. This bill would take impor- steps to help ensure emergency med- ‘‘The Sustaining Access to Vital tant steps to strengthen the emergency ical providers are fairly reimbursed for Emergency Medical Services Act of medical service system in rural com- ambulance services provided to Medi- 2001’’ will provide assistance to rural munities and across the Nation. care, Medicare+Choice, and Medicaid providers to maintain access to impor- Across America, emergency medical managed care beneficiaries. As you tant emergency medical services, EMS. care reduces human suffering and saves may know, the Balanced Budget Act This legislation is necessary because lives. According to recent statistics, required that Medicare+Choice and rural EMS providers are primarily vol- the average U.S. citizen will require Medicaid managed care plans provide unteers who have difficulty recruiting, the services of an ambulance at least payment for emergency services that a retaining and educating EMS per- twice during his or her life. As my col- ‘‘prudent layperson’’ would determine sonnel. Rural EMS providers also have leagues surely know, delays in receiv- are medically needed. However, regula- less capital to buy and upgrade essen- ing care can mean the difference be- tions implementing this requirement tial, life-saving equipment. tween illness and permanent injury, be- did not include ambulance services The first section of this legislation is tween life and death. In rural commu- within the definition of ‘‘emergency the authorization of an annual $50 mil- nities, which often lack access to local services.’’ Because of this oversight, lion competitive grant program. Grant- health care services, the need for reli- ambulance providers are sometimes ees can use these funds for recruiting able EMS is particularly critical. left in the difficult position of pro- volunteers, training emergency per- Over the next few decades, the need viding services to individuals who, by sonnel, using new technologies to edu- for quality emergency medical care in any rational review, appear to need im- cate providers, acquiring EMS vehicles rural areas is projected to increase as mediate medical attention. However, such as ambulances and acquiring the elderly population in these commu- when it is later determined that the emergency medical equipment. I think

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4223 it is important to note that all of the Americans who earn too much to qual- personal credits) is amended by redesig- above eligible uses of funds were pri- ify for public programs, but neverthe- nating section 35 as section 36 and inserting ority concerns of State EMS Directors less struggle to pay for health insur- after section 34 the following new section: in a recently conducted Rural EMS ance. Without additional resources, ‘‘SEC. 35. HEALTH INSURANCE COSTS. ‘‘(a) ALLOWANCE OF CREDIT.—In the case of Survey with recruitment and retention health insurance coverage is either be- an individual, there shall be allowed as a ranking as number one. yond their reach or only purchased by credit against the tax imposed by this sub- The second part of this legislation giving up other basic necessities of life. title for the taxable year an amount equal to applies the prudent layperson standard The REACH Act makes a refundable the amount paid by the taxpayer during the for emergency services currently used tax credit available to more than 20 taxable year for qualified health insurance in hospital emergency rooms to ambu- million Americans who do not have ac- for the taxpayer and the taxpayer’s spouse lance services. This provision will as- cess to employer-sponsored insurance and dependents. ‘‘(b) LIMITATIONS.— sist ambulance providers in collecting and who are ineligible for public pro- ‘‘(1) MAXIMUM DOLLAR AMOUNT.— payments for transporting patients to grams. The amount of the credit for ‘‘(A) IN GENERAL.—The amount allowed as the hospital after answering a 911 call this group is $1,000 for individuals with a credit under subsection (a) to the taxpayer regardless of the final diagnosis. This adjusted gross incomes of up to $35,000 for the taxable year shall not exceed the sum is a common sense approach and en- to purchase self-only coverage, and of the monthly limitations for coverage sures that all aspects of emergency $2,500 for taxpayers with an AGI of up months during such taxable year. care are operating under the same defi- ‘‘(B) MONTHLY LIMITATION.—The monthly to $55,000 to purchase family coverage. limitation for each coverage month during nition of emergency. We also want to help hard working 1 I believe this legislation is an impor- the taxable year is the amount equal to ⁄12 Americans who have access to em- of— tant part of ensuring rural residents ployer-subsidized insurance, but have ‘‘(i) in the case of self-only coverage, $1,000, have access to emergency services. It is difficulty paying for their share of the and also flexible so communities can decide premiums. Over 7 million Americans ‘‘(ii) in the case of family coverage, $2,500. for themselves what is their most im- decline insurance offered by their em- ‘‘(C) LIMITATION FOR EMPLOYEES WITH EM- minent EMS need. Our bill is supported ployers. To relieve their financial bur- PLOYER SUBSIDIZED COVERAGE.—In the case of by the National Association of State an individual who is eligible to participate in den, the REACH Act provides a refund- any subsidized health plan (within the mean- EMS Directors, the National Rural able tax credit of $400 for the purchase Health Association and the American ing of section 162(l)(2)) maintained by any of self-only coverage and $1,000 for the employer of the taxpayer or of the spouse of Ambulance Association. I strongly purchase of family coverage under the the taxpayer for any coverage month, sub- urge all my colleagues interested in employer’s group health plan. paragraph (B) shall be applied by sub- rural health to consider cosponsoring Initial estimates indicate this legis- stituting ‘$400’ for ‘$1,000’ and ‘$1,000’ for ‘‘The Sustaining Access to Vital Emer- lation will provide coverage to more ‘$2,500’ for such month. gency Medical Services Act of 2001.’’ than 10 million Americans who are ‘‘(2) PHASEOUT OF CREDIT.— ‘‘(A) IN GENERAL.—The amount which By Mr. JEFFORDS (for himself, presently uninsured. In addition, it will would (but for this paragraph) be taken into give needed financial relief to over 60 Mr. BREAUX, Mr. FRIST, Mrs. account under subsection (a) shall be reduced million low and moderate income LINCOLN, Ms. SNOWE, Mr. (but not below zero) by the amount deter- working Americans who are using their mined under subparagraph (B). CHAFEE, and Mr. CARPER): own scarce dollars to buy health insur- ‘‘(B) AMOUNT OF REDUCTION.—The amount S. 590. A bill to amend the Internal determined under this subparagraph is the Revenue Code of 1986 to allow a refund- ance coverage today. The REACH Act provides a bipar- amount which bears the same ratio to the able tax credit for health insurance amount which would be so taken into ac- costs, and for other purposes; to the tisan, market-based solution to a com- count for the taxable year as— Committee on Finance. plex problem. It will bolster the private ‘‘(i) the excess of— Mr. JEFFORDS. Mr. President, health insurance market and strength- ‘‘(I) the taxpayer’s modified adjusted gross today, I am pleased to join with my en employer-sponsored coverage, the income for the preceding taxable year, over colleagues in introducing the Relief, cornerstone of our nation’s health care ‘‘(II) $35,000 ($55,000 in the case of family Equity, Access, and Coverage for system. While this legislation will not coverage), bears to solve the entire problem, it is clearly a ‘‘(ii) $10,000. Health, REACH, Act, a bipartisan bill ‘‘(C) MODIFIED ADJUSTED GROSS INCOME.— that will provide low and middle in- substantial step in the right direction. The term ‘modified adjusted gross income’ come Americans with refundable tax I will continue to work with my col- means adjusted gross income determined— credits for the purchase of health in- leagues to tackle this problem on other ‘‘(i) without regard to this section and sec- surance coverage. fronts, including strengthening the tions 911, 931, and 933, and New Census Bureau data indicate safety net, working to make Medicaid ‘‘(ii) after application of sections 86, 135, that there are now 43 million Ameri- and SCHIP more effective programs, 137, 219, 221, and 469. cans with no health coverage. And, for and fighting to provide a prescription ‘‘(3) COORDINATION WITH DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED the third straight year, insurance pre- drug benefit for Medicare beneficiaries. INDIVIDUALS.—In the case of a taxpayer who miums for employer-sponsored cov- I look forward to working with my is eligible to deduct any amount under sec- erage have increased significantly, by colleagues on enacting the REACH Act tion 162(l) for the taxable year, this section as much as 10 to 13 percent. We know into law this year. I ask unanimous shall apply only if the taxpayer elects not to from past experience that premium in- consent that the text of the bill be claim any amount as a deduction under such creases cause people to lose their printed in the RECORD. section for such year. health insurance. By some estimates, There being no objection, the bill was ‘‘(4) INFLATION ADJUSTMENT.— as many as 3 million Americans will ordered to be printed in the RECORD, as ‘‘(A) IN GENERAL.—In the case of any tax- follows: able year beginning after 2002, each of the lose coverage for every 10 percent in- dollar amounts referred to in paragraphs S. 590 crease in premiums. (1)(B), (1)(C), and (2)(B) shall be increased by With premiums increasing and the Be it enacted by the Senate and House of Rep- an amount equal to— economy uncertain, the problem could resentatives of the United States of America in ‘‘(i) such dollar amount, multiplied by worsen. The impact of these numbers is Congress assembled, ‘‘(ii) the cost-of-living adjustment deter- very real for American families. The SECTION 1. SHORT TITLE. mined under section (1)(f)(3) for the calendar uninsured often go without needed This Act may be cited as the ‘‘Relief, Eq- year in which the taxable year begins, by health care or face unaffordable med- uity, Access, and Coverage for Health substituting ‘2001’ for ‘1992’. (REACH) Act’’. ical bills. Access to health coverage for ‘‘(B) ROUNDING.—If any amount as adjusted SEC. 2. REFUNDABLE HEALTH INSURANCE COSTS under subparagraph (A) is not a multiple of the uninsured must be one of our na- CREDIT. $50, such amount shall be rounded to the tion’s top priorities. (a) IN GENERAL.—Subpart C of part IV of nearest multiple of $50. The REACH tax credit is targeted to subchapter A of chapter 1 of the Internal ‘‘(c) COVERAGE MONTH DEFINED.—For pur- those who are most in need of help, Revenue Code of 1986 (relating to refundable poses of this section—

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‘‘(1) IN GENERAL.—The term ‘coverage tiates such payment in such form as the Sec- covering an individual if no credit is allow- month’ means, with respect to an individual, retary may prescribe. able under section 35 with respect to such any month if— ‘‘(h) REGULATIONS.—The Secretary shall coverage. ‘‘(A) as of the first day of such month such prescribe such regulations as may be nec- ‘‘(d) STATEMENTS TO BE FURNISHED TO INDI- individual is covered by qualified health in- essary to carry out the purposes of this sec- VIDUALS WITH RESPECT TO WHOM INFORMA- surance, and tion, including regulations under which— TION IS REQUIRED.—Every person required to ‘‘(B) the premium for coverage under such ‘‘(1) an awareness campaign is established make a return under subsection (a) shall fur- insurance, or any portion of the premium, to educate the public, employers, insurance nish to each individual whose name is re- for such month is paid by the taxpayer. issuers, and agents or others who market quired under subsection (b)(2)(A) to be set ‘‘(2) EXCLUSION OF MONTHS IN WHICH INDI- health insurance about the requirements and forth in such return a written statement VIDUAL IS ELIGIBLE FOR COVERAGE UNDER CER- procedures under this section, including— showing— TAIN HEALTH PROGRAMS.—Such term shall ‘‘(A) criteria for insurance products and ‘‘(1) the name and address of the person re- not include any month during a taxable year group health coverage which constitute quired to make such return and the phone with respect to an individual if, as of the qualified health insurance under this sec- number of the information contact for such first day of such month, such individual is tion, person, eligible— ‘‘(B) procedures by which employers who ‘‘(2) the aggregate amount of payments de- ‘‘(A) for any benefits under title XVIII of do not offer health insurance coverage to scribed in subsection (a) received by the per- the Social Security Act, their employees may assist such employees son required to make such return from the ‘‘(B) to participate in the program under in securing qualified health insurance, and individual to whom the statement is re- title XIX or XXI of such Act. ‘‘(C) guidelines for marketing schemes and quired to be furnished, ‘‘(C) for benefits under chapter 17 of title practices which are appropriate and accept- ‘‘(3) the information required under sub- 38, United States Code, able in connection with the credit under this section (b)(2)(B) with respect to such pay- ‘‘(D) for benefits under chapter 55 of title section, and ments, and 10, United States Code, ‘‘(2) periodic reviews or audits of health in- ‘‘(4) the qualified health insurance credit ‘‘(E) to participate in the program under surance policies and group health plans (and advance amount (as defined in section chapter 89 of title 5, United States Code, or related promotional marketing materials) 7527(e)) received by such person with respect any similar program for State or local gov- which are marketed to eligible taxpayers to the individual described in paragraph (2). ernment employees, or under this section are conducted for the pur- The written statement required under the ‘‘(F) for benefits under any medical care pose of determining— preceding sentence shall be furnished on or program under the Indian Health Care Im- ‘‘(A) whether such policies and plans con- before January 31 of the year following the provement Act or any other provision of law. stitute qualified health insurance under this calendar year for which the return under ‘‘(3) EXCLUSION OF MONTHS IN WHICH INDI- section, and subsection (a) is required to be made. VIDUAL IS IMPRISONED.—Such term shall not ‘‘(B) whether offenses described in section ‘‘(e) RETURNS WHICH WOULD BE REQUIRED include any month with respect to an indi- 7276 occur.’’. TO BE MADE BY 2 OR MORE PERSONS.—Except vidual if, as of the first day of such month, (b) INFORMATION REPORTING.— to the extent provided in regulations pre- such individual is imprisoned under Federal, (1) IN GENERAL.—Subpart B of part III of scribed by the Secretary, in the case of any State, or local authority. subchapter A of chapter 61 of such Code (re- amount received by any person on behalf of ‘‘(d) QUALIFIED HEALTH INSURANCE.—For lating to information concerning trans- another person, only the person first receiv- purposes of this section, the term ‘qualified actions with other persons) is amended by ing such amount shall be required to make health insurance’ means health insurance inserting after section 6050S the following the return under subsection (a).’’. coverage (as defined in section 9832(b)(1)), in- new section: (2) ASSESSABLE PENALTIES.— cluding coverage under a COBRA continu- ‘‘SEC. 6050T. RETURNS RELATING TO PAYMENTS (A) Subparagraph (B) of section 6724(d)(1) ation provision (as defined in section FOR QUALIFIED HEALTH INSUR- of such Code (relating to definitions) is 9832(d)(1)). ANCE. amended by redesignating clauses (xi) ‘‘(e) MEDICAL SAVINGS ACCOUNT CONTRIBU- ‘‘(a) IN GENERAL.—Any person who, in con- through (xvii) as clauses (xii) through (xviii), TIONS.— nection with a trade or business conducted respectively, and by inserting after clause (x) ‘‘(1) IN GENERAL.—If a deduction would (but by such person, receives payments during the following new clause: for paragraph (2)) be allowed under section any calendar year from any individual for ‘‘(xi) section 6050T (relating to returns re- 220 to the taxpayer for a payment for the coverage of such individual or any other in- lating to payments for qualified health in- taxable year to the medical savings account dividual under creditable health insurance, surance),’’. of an individual, subsection (a) shall be ap- shall make the return described in sub- (B) Paragraph (2) of section 6724(d) of such plied by treating such payment as a payment section (b) (at such time as the Secretary Code is amended by striking ‘‘or’’ at the end for qualified health insurance for such indi- may by regulations prescribe) with respect of the next to last subparagraph, by striking vidual. to each individual from whom such pay- the period at the end of the last subpara- ‘‘(2) DENIAL OF DOUBLE BENEFIT.—No deduc- ments were received. graph and inserting ‘‘, or’’, and by adding at tion shall be allowed under section 220 for ‘‘(b) FORM AND MANNER OF RETURNS.—A re- the end the following new subparagraph: that portion of the payments otherwise al- turn is described in this subsection if such ‘‘(BB) section 6050T(d) (relating to returns lowable as a deduction under section 220 for return— relating to payments for qualified health in- the taxable year which is equal to the ‘‘(1) is in such form as the Secretary may surance).’’. amount of credit allowed for such taxable prescribe, and (3) CLERICAL AMENDMENT.—The table of year by reason of this subsection. ‘‘(2) contains— sections for subpart B of part III of sub- ‘‘(f) SPECIAL RULES.— ‘‘(A) the name, address, and TIN of the in- chapter A of chapter 61 of such Code is ‘‘(1) COORDINATION WITH MEDICAL EXPENSE dividual from whom payments described in amended by inserting after the item relating DEDUCTION.—The amount which would (but subsection (a) were received, to section 6050S the following new item: for this paragraph) be taken into account by ‘‘(B) the name, address, and TIN of each in- the taxpayer under section 213 for the tax- dividual who was provided by such person ‘‘Sec. 6050T. Returns relating to payments able year shall be reduced by the credit (if with coverage under creditable health insur- for qualified health insur- any) allowed by this section to the taxpayer ance by reason of such payments and the pe- ance.’’. for such year. riod of such coverage, (c) CRIMINAL PENALTY FOR FRAUD.—Sub- ‘‘(2) DENIAL OF CREDIT TO DEPENDENTS.—No ‘‘(C) the aggregate amount of payments de- chapter B of chapter 75 of such Code (relat- credit shall be allowed under this section to scribed in subsection (a), ing to other offenses) is amended by adding any individual with respect to whom a de- ‘‘(D) the qualified health insurance credit at the end the following new section: duction under section 151 is allowable to an- advance amount (as defined in section ‘‘SEC. 7276. PENALTIES FOR OFFENSES RELATING other taxpayer for a taxable year beginning 7527(e)) received by such person with respect TO HEALTH INSURANCE TAX CRED- in the calendar year in which such individ- to the individual described in subparagraph IT. ual’s taxable year begins. (A), and ‘‘Any person who knowingly misuses De- ‘‘(3) COORDINATION WITH ADVANCE PAY- ‘‘(E) such other information as the Sec- partment of the Treasury names, symbols, MENT.—Rules similar to the rules of section retary may reasonably prescribe. titles, or initials to convey the false impres- 32(g) shall apply to any credit to which this ‘‘(c) CREDITABLE HEALTH INSURANCE.—For sion of association with, or approval or en- section applies. purposes of this section, the term ‘creditable dorsement by, the Department of the Treas- ‘‘(g) EXPENSES MUST BE SUBSTANTIATED.— health insurance’ means qualified health in- ury of any insurance products or group A payment for insurance to which subsection surance (as defined in section 35(d)) other health coverage in connection with the cred- (a) applies may be taken into account under than, to the extent provided in regulations it for health insurance costs under section 35 this section only if the taxpayer substan- prescribed by the Secretary, any insurance shall on conviction thereof be fined not more

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4225 than $10,000, or imprisoned not more than 1 credit advance amount’ means, with respect Mr. FRIST. Mr. President, I am year, or both.’’. to any qualified health insurance issuer of pleased to join Senator JEFFORDS and (d) CONFORMING AMENDMENTS.— qualified health insurance, an estimate of my colleagues today in a bipartisan ef- (1) Section 162(l) of the Internal Revenue the amount of credit allowable under section Code of 1986 is amended by adding at the end 35 to the individual for the taxable year fort to address the growing number of the following new paragraph: which is attributable to the insurance pro- individuals and families without health ‘‘(6) ELECTION TO HAVE SUBSECTION APPLY.— vided to the individual by such issuer. insurance coverage in this country. ‘‘(f) REQUIRED DOCUMENTATION FOR RECEIPT No deduction shall be allowed under para- The problem has been made clear. graph (1) for a taxable year unless the tax- OF PAYMENTS OF ADVANCE AMOUNT.—No pay- payer elects to have this subsection apply for ment of a qualified health insurance credit Despite last year’s decline in America’s such year.’’. advance amount with respect to any eligible uninsured population, there are still (2) Paragraph (2) of section 1324(b) of title individual may be made under subsection (a) more than 43 million americans—one- 31, United States Code, is amended by insert- unless the health insurance issuer provides sixth of our Nation’s population, who ing before the period ‘‘, or from section 35 of to the Secretary— do not have health insurance. We know such Code’’. ‘‘(1) the qualified health insurance credit that the majority of the uninsured, 32 (3) The table of sections for subpart C of eligibility certificate of such individual, and part IV of subchapter A of chapter 1 of the ‘‘(2) the return relating to such individual of the 44 million, earn an annual in- Internal Revenue Code of 1986 is amended by under section 6050T. come of under $50,000. We also know striking the last item and inserting the fol- ‘‘(g) REGULATIONS.—The Secretary shall that the rising cost of health insurance lowing new items: prescribe such regulations as may be nec- is the single most important reason essary to carry out the purposes of this sec- ‘‘Sec. 35. Health insurance costs. given for the lack of purchasing cov- tion.’’. erage. Many Americans simply cannot ‘‘Sec. 36. Overpayments of tax.’’. (b) CLERICAL AMENDMENT.—The table of afford to buy health insurance. (4) The table of sections for subchapter B sections for chapter 77 of such Code is of chapter 75 of the Internal Revenue Code of amended by adding at the end the following The solutions are becoming clearer 1986 is amended by adding at the end the fol- new item: as well. A one-size-fits-all approach to lowing new item: ‘‘Sec. 7527. Advance payment of health insur- expand health coverage and access to ance credit for purchasers of ‘‘Sec. 7276. Penalties for offenses relating to health care does not meet the various qualified health insurance.’’. health insurance tax credit.’’. needs of the uninsured population. (c) EFFECTIVE DATE.—The amendments (e) EFFECTIVE DATES.— However, because our workforce is made by this section shall take effect on (1) IN GENERAL.—Except as provided in growing and evolving out of the older January 1, 2002. paragraph (2), the amendments made by this traditional models, we must look to section shall apply to taxable years begin- SEC. 4. COMBINATION OF COST OF SCHIP COV- ERAGE FOR A TARGETED LOW-IN- common features of the uninsured pop- ning after December 31, 2001. COME CHILD WITH REFUNDABLE ulation. Although more than 80 percent (2) PENALTIES.—The amendments made by HEALTH INSURANCE COSTS CREDIT of the uninsured individuals come from subsections (c) and (d)(4) shall take effect on TO PURCHASE FAMILY COVERAGE. families with at least one employed the date of the enactment of this Act. (a) IN GENERAL.—Section 2105(c)(3) of the SEC. 3. ADVANCE PAYMENT OF CREDIT TO Social Security Act (42 U.S.C. 1397ee(c)(3)) is member, the majority of uninsured ISSUERS OF QUALIFIED HEALTH IN- amended— Americans do not have access to em- SURANCE. (1) by redesignating subparagraphs (A) and ployer-sponsored health coverage. An (a) IN GENERAL.—Chapter 77 of the Internal (B) as clauses (i) and (ii), respectively, and additional seven million Americans Revenue Code of 1986 (relating to miscella- indenting such clauses appropriately; have access to employer-provided neous provisions) is amended by adding at (2) by striking ‘‘Payment’’ and inserting health insurance but are, in many the end the following new section: the following: cases, unable to afford it. Therefore, ‘‘SEC. 7527. ADVANCE PAYMENT OF HEALTH IN- ‘‘(A) IN GENERAL.—Payment’’; and SURANCE CREDIT TO ISSUERS OF (3) by adding at the end the following new my colleagues and I today are intro- QUALIFIED HEALTH INSURANCE. subparagraph: ducing the Relief, Equity, Access, and ‘‘(a) GENERAL RULE.—In the case of an eli- ‘‘(B) COMBINATION OF COST OF PROVIDING Coverage for Health, REACH, Act to gible individual, the Secretary shall make CHILD HEALTH ASSISTANCE WITH REFUNDABLE build upon the current system of em- payments to the health insurance issuer of HEALTH INSURANCE COSTS TAX CREDIT.— ployer-based coverage which continues such individual’s qualified health insurance ‘‘(i) IN GENERAL.—In the case of a targeted to be the main source of coverage for equal to such individual’s qualified health low-income child who is eligible for child insurance credit advance amount with re- health assistance and whose parent is eligi- most Americans. spect to such issuer. ble for the refundable health insurance costs Our goal is to fill the coverage gaps ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of tax credit provided under section 35 of the that exist in the current system while this section, the term ‘eligible individual’ Internal Revenue Code of 1986, payment may also complementing and expanding the means any individual— be made to a State under subsection (a)(1) ‘‘(1) who purchases qualified health insur- for payment by the State to a health insur- reach of the employment-based system. ance (as defined in section 35(c)), and ance issuer that receives advance payment of The central tenet of our proposal is a ‘‘(2) for whom a qualified health insurance such credit on behalf of the parent under sec- refundable tax credit for low-income credit eligibility certificate is in effect. tion 7527 of the Internal Revenue Code of Americans who are not offered a con- ‘‘(c) HEALTH INSURANCE ISSUER.—For pur- 1986, of an amount equal to the estimated tribution for their insurance through poses of this section, the term ‘health insur- cost of providing the child with child health their employer and do not receive cov- ance issuer’ has the meaning given such assistance for a calendar year, but only if— erage through Federal programs such term by section 9832(b)(2) (determined with- ‘‘(I) the health insurance issuer uses the out regard to the last sentence thereof). State payment made under this subpara- as Medicaid or Medicare. For example, ‘‘(d) QUALIFIED HEALTH INSURANCE CREDIT graph and the advance credit payment to our proposal will help hard working ELIGIBILITY CERTIFICATE.—For purposes of provide family coverage for the parent and Americans who cannot afford to buy this section, a qualified health insurance the targeted low-income child; and coverage on their own, such as the credit eligibility certificate is a statement ‘‘(II) the State establishes to the satisfac- part-time worker who is not offered furnished by an individual to a qualified tion of the Secretary that the conditions set employer-sponsored health insurance. health insurance issuer which— forth in clauses (i) and (ii) of subparagraph ‘‘(1) certifies that the individual will be eli- (A) are met. We provide that worker with a $1,000 gible to receive the credit provided by sec- ‘‘(ii) DEFINITION OF HEALTH INSURANCE tax credit to purchase coverage. We tion 35 for the taxable year, ISSUER.—In this subparagraph, the term help a young family with two children ‘‘(2) estimates the amount of such credit ‘health insurance issuer’ has the meaning earning less than $50,000 a year by pro- for such taxable year, and given such term in section 9832(b)(2) of the viding them with a $2,500 credit to pur- ‘‘(3) provides such other information as the Internal Revenue Code of 1986 (determined chase a health insurance policy for Secretary may require for purposes of this without regard to the last sentence there- themselves and their children. In addi- section. of).’’. ‘‘(e) QUALIFIED HEALTH INSURANCE CREDIT (b) EFFECTIVE DATE.—The amendments tion, the REACH Act also is designed ADVANCE AMOUNT.—For purposes of this sec- made by this section take effect on January to assist those Americans who do have tion, the term ‘qualified health insurance 1, 2002. access to employer-subsidized health

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 4226 CONGRESSIONAL RECORD—SENATE March 21, 2001 insurance but, too often, decline it be- net worth fell from $31,000 to $24,800 IDAs. Other state and private funds can cause they cannot afford the cost-shar- over the same period. The rate of home also be used to provide an additional ing components. We provide these indi- ownership among low-income families match to savings. It also benefits our viduals and families with up to $400 an- has dropped as well. For families mak- economy, the long-term stability of nually for single coverage or $1,000 for ing less than $10,000, it went from 36.1 which is threatened by our pitiful na- themselves and their families. Overall percent to 34.5 percent from 1995 to tional savings rate. In fact, according it is estimated that these provisions 1998; for those making between $10,000 to some estimates, every $1 invested in would expand new health insurance to and $25,000, it fell from 54.9 percent to an IDA returns $5 to the national econ- as many as 17 million previously unin- 51.7 percent. omy. sured Americans. How do we reverse this troubling IDAs are matched savings accounts I appreciate the work my colleagues trend? IDAs are the unfinished business for working Americans restricted to have done on this bill, and I look for- of the Community Renewal and New three uses: 1. buying a first home; 2. reward to seeing the REACH Act passed Markets Empowerment initiatives ceiving post-secondary education or into law this year. which became law in December of 2000 training; or 3. starting or expanding a and will increase job opportunities and small business. Individual and match- By Mr. SANTORUM (for himself, renew hope in what have been hopeless ing deposits are not co-mingled; all Mr. LIEBERMAN, Mr. HUTCH- places. But to sustain this hope, we matching dollars are kept in a sepa- INSON, Mr. DURBIN, Mr. must provide opportunities for individ- rate, parallel account. When the ac- BROWNBACK, Ms. LANDRIEU, Mr. uals and families to build tangible as- count holder has accumulated enough LUGAR, Mr. BAYH, and Mr. sets and acquire stable wealth. savings and matching funds to pur- DEWINE): Our legislation is aimed at fixing our chase the asset, typically over two to S. 592. A bill to amend the Internal nation’s growing gap in asset owner- four years, and has completed a finan- Revenue Code of 1986 to create Indi- ship, which keeps millions of low-in- cial education course, payments from vidual Development Accounts, and for come workers from achieving the the IDA will be made directly to the other purposes; to the Committee on American dream. Most public attention asset provider. Financial institutions, or their con- Finance. focuses on our growing income gap. tractual affiliates, would be reim- Mr. SANTORUM. Mr. President, Though the booming American econ- bursed for all matching funds provided today, I am introducing with Senator omy has delivered significant income plus a limited amount of the program JOE LIEBERMAN ‘‘the Savings Oppor- gains to the nation’s upper-income and administrative costs incurred, tunity and Charitable Giving Act of earners, lower-income workers have 2001.’’ Other bipartisan cosponsors in- whether directly or through collabora- been left on the sidelines. This suggests tions with other entities. Specifically, clude Senators HUTCHINSON, DURBIN, to some that closing this divide be- the IDA Tax Credit would be the aggre- BROWNBACK, LANDRIEU, LUGAR, and tween the have-mosts and the have- gate amount of all dollar-for-dollar BAYH. Within a month of the White leasts is simply a matter of raising House’s formation of the Office of matches provided, up to $500 per person wages. But the reality is that the in- per year, plus a one-time $100 per ac- Faith-Based and Community Initia- come gap is a symptom of a larger, count credit for financial education, tives, we are moving the process for- more complicated problem. recruiting, marketing, administration, ward in Congress by the bipartisan in- How do we do this? We believe that withdrawals, etc., plus an annual $30 troduction of the key tax relief provi- the marketplace can provide such op- per account credit for the administra- sions of the President’s Faith-Based portunity. Non-profit groups around tive cost of maintaining the account. Initiatives including Individual Devel- the country have launched innovative To be eligible for the match, adjusted opment Accounts, IDAs, which Presi- private programs that are achieving gross income may not exceed $20,000, dent Bush endorsed in his campaign as great success in transforming the single, $25,000, head of household, or part of the New Prosperity Initiative. ‘‘unbanked,’’ people who have never $40,000, married. Representatives J.C. WATTS, Jr. and had a bank account, into unabashed President Bush has expressed support TONY HALL will be introducing a simi- capitalists. Through IDAs, banks and for IDAs in his campaign and we are lar measure in the House of Represent- credit unions offer special savings ac- working with the Administration to atives within the coming weeks. Bene- counts to low-income Americans and coordinate efforts to the fullest extent ficiary Choice expansion and other pro- match their deposits dollar-for-dollar. possible. Supporting groups include the visions will be pursued in a thoughtful In return, participants take an eco- Credit Union National Association, the manner but on a separate track from nomic literacy course and commit to Financial Services Roundtable, the the tax provisions in the Senate. using their savings to buy a home, up- Corporation for Enterprise Develop- Success in today’s new economy is grade their education or to start a ment, the National Association of defined less and less by how much you business. Homebuilders, the National Center for earn and more and more by how much Thousands of people are actively sav- Neighborhood Enterprise, the National you own, your asset base. This is great ing today through IDA programs in Federation of Community Develop- news for the millions of middle-class about 250 neighborhoods nationwide. In ment Credit Unions, the National homeowners who are tapped into Amer- one demonstration project undertaken Council for La Raza, and others. ica’s economic success, but it is bad by the Corporation for Enterprise De- Individual Development Accounts, news for those who are simply tapped velopment, CFED, a leading IDA pro- combined with other community devel- out, those with no assets and little moter, 1,300 families have already opment and wealth creation opportuni- hope of accumulating the means for up- saved $329,000, which has leveraged an ties, are a first step towards restoring ward mobility and real financial secu- additional $742,000. faith in the longstanding American rity. This widening asset gap was un- While the growth of IDAs has been promise of equal opportunity. That derscored in a report issued earlier this encouraging, access to IDA programs is faith has been shaken by stark divi- year by the Federal Reserve. The Fed still limited and scattered across the sions of income and wealth in our soci- found that while the net worth of the nation. The IDA provision of this legis- ety. With the leadership of President typical family has risen substantially lation will expand IDA access nation- Bush and Speaker Hastert, I am hope- in recent years, it has actually dropped wide by providing a significant tax ful, along with our other cosponsors, substantially for low-income families. credit to financial institutions and that Congress will take this first step For families with annual incomes of community groups that offer IDA ac- toward restoring the long-cherished less than $10,000, the median net worth counts. This credit would reimburse American ideals of rewarding hard dipped from $4,800 in 1995 to $3,600 in banks for the first $500 of matching work, encouraging responsibility, and 1998. For families with incomes be- funds they contribute, thus signifi- expanding savings opportunity this tween $10,000 and $25,000, the median cantly lowering the cost of offering year.

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4227 The Non-Itemizer Charitable Deduc- have benefitted from the inefficiencies ers, small businesses and restaurant tion provision will initially allow non- of manufacturing, including the over- owners from receiving the same tax itemizers to deduct 50 percent of their production of merchandise and the benefits afforded to corporations. charitable giving, after they exceed a manufacturing of cosmetically-flawed This provision would encourage addi- cumulative total of $500 in annual do- products. However, technology has tional food donations through three nations, $1,000 for joint filers. The de- made businesses and manufacturers changes to our tax laws: This bill will duction will be phased into a 100 per- significantly more efficient. Although extend the ‘‘special rule’’ tax deduction cent deduction over the course of 5 beneficial to the company’s bottom- for food donations now afforded only to years in 10 percent increments. Under line, donations have lessened as a re- corporations to all business taxpayers, current law non-itemizers receive no sult. The fact is that the demand on including farmers and restaurant own- additional tax benefit for their chari- our nation’s church pantries, soup ers. This legislation will increase the table contributions. kitchens and shelter continues to rise, tax deduction for donated food from More than 84 million Americans can- despite our economy. basis plus ° markup to the fair market not deduct any of their charitable con- According to an August 2000 report value of the product, not to exceed tributions because they do not itemize on Hunger Security by the U.S. Depart- twice the product’s basis. This bill will their tax returns. In contrast, there are ment of Agriculture, 31 million Ameri- codify the Tax Court ruling in Lucky 34 million Americans who itemize and cans, around 10 percent of our citizens, Stores, Inc. v. IRS, in which the Court receive this benefit. For example, in are living on the edge of hunger. Al- found that taxpayers should base the Pennsylvania, there are nearly 4 mil- though this number has declined by 12 determination of fair market value of lion taxpayers who do not itemize de- percent since 1995, everyone agrees donated product on recent sales. ductions while slightly more than 1.5 that this figure remains too high. I would like to thank my colleagues million taxpayers do itemize. Unfortunately, many food banks can- for joining me in this important effort While Americans are already giving not meet this increased demand for to increase savings opportunities for generously to charities making a sig- food. A December ’99 study by the U.S. lower income working Americans, to nificant positive impact in our commu- Conference of Mayors found that re- encourage the charitable giving of all nities, this provision provides an incen- quests for emergency food assistance Americans, to provide additional re- tive for additional giving and allows increased by an average of 18 percent in sources for the charitable organiza- non-itemizers who typically have mid- American cities over the previous year tions which serve their communities, dle to lower middle incomes to also and 21 percent of emergency food re- and to encourage additional donations benefit from additional tax relief. In quests could not be met. Statistics by of food to alleviate hunger. I would fact, non-itemizers earning less than the United States Department of Agri- also encourage my other colleagues to $30,000 give the highest percentage of culture show that up to 96 billion consider supporting this important ini- their household income to charity. It is pounds of food goes to waste each year tiative. estimated that restoring this tax relief in the United States. If a small per- f provision to merely 50 percent which centage of this wasted food could be re- existed in the 1980’s would encourage directed to food banks, we could make SUBMITTED RESOLUTIONS more than $3 billion of additional char- important strides in our fight against itable giving a year. The phased in in- hunger. In many ways, current law is a crease to 100 percent will result in even hindrance to food donations. SENATE RESOLUTION 61—EX- more additional giving. The floor is in- The tax code provides corporations PRESSING THE SENSE OF THE cluded because the standard personal with a special deduction for donations SENATE THAT THE SECRETARY deduction encompasses initial con- to food banks, but it excludes farmers, OF VETERANS AFFAIRS SHOULD tributions. ranchers and restaurant owners from RECOGNIZE BOARD CERTIFI- One important dimension of pro- donating food under the same tax in- CATIONS FROM THE AMERICAN moting charitable efforts helping to re- centive. For many of these businesses, ASSOCIATION OF PHYSICIAN vitalize our communities, empower in- it is actually more cost effective to SPECIALISTS, INC., FOR PUR- dividuals and families, and enhance throw away food than donate it to POSES OF THE PAYMENT OF educational opportunities is encour- charity. The hunger relief community SPECIAL PAY BY THE VETERANS aging charitable giving. This legisla- believes that these changes will mark- HEALTH ADMINISTRATION tion is a great opportunity to lower the edly increase food donations-whether it Mr. HUTCHINSON submitted the fol- tax burden on the many Americans is a farmer donating his crop, a res- lowing resolution; which was referred who have not received any tax relief taurant owner contributing excess to the Committee on Veterans’ Affairs: for their charitable contributions since meals, or a food manufacturer pro- S. RES. 61 ducing specifically for charity. 1986. Whereas the United States has, in the The IRA Charitable Rollover allows This bipartisan legislation was intro- course of its history, fought in many wars individuals to roll assets from an IRA duced separately by Senators Lugar and conflicts to defend freedom and protect into a charity or a deferred charitable and Leahy with 13 additional cospon- the interests of the Nation; gift plan without incurring any income sors including myself. It has been en- Whereas millions of men and women have tax consequences. The donation would dorsed by a diverse set of organiza- served the Nation in times of need as mem- be made to charity directly without tions, including America’s Second Har- bers of the Armed Forces; ever withdrawing it as income and pay- vest Food Banks, the Salvation Army, Whereas the service of veterans has been of ing taxes on it. the American Farm Bureau Federa- vital importance to the Nation and the sacrifices made by veterans and their families The rollover can be made as an out- tion, the National Farmers Union, the should not be forgotten with the passage of right gift, for a charitable remainder National Restaurant Association, and time; annuity trust, charitable remainder the Grocery Manufacturers of America. Whereas the obligation of the Nation to unitrust or pooled income fund, or for Under current law, when a corpora- provide the best health care benefits to vet- the issuance of a charitable annuity. tion donates food to a food bank, it is erans and their families takes precedence The donor would not receive a chari- eligible to receive a ‘‘special rule’’ tax over all else; table deduction. This incentive should deduction. Unfortunately, most compa- Whereas veterans deserve comprehensive assist charitable giving in education, nies have found that the ‘‘special rule″ and high-quality health care services; deduction does not allow them to re- Whereas the Secretary of Veterans Affairs social service, and religious charitable only recognizes board certifications of efforts. coup their actual production costs. allopathic physicians from specialty boards Food banks are finding it increas- Moreover, current law limits the ‘‘spe- that are members of the American Board of ingly difficult to meet the demand for cial rule’’ deduction only to corpora- Medical Specialties and board certifications food assistance. In the past, food banks tions, thus prohibiting farmers, ranch- of osteopathic physicians from specialty

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 4228 CONGRESSIONAL RECORD—SENATE March 21, 2001 boards recognized by the Bureau of Osteo- hopes that this vehicle may rectify a (7) ‘‘The Government continued to restrict pathic Specialists; policy and system that seems faulty. freedom of movement.’’. Whereas physicians not certified by the (8) ‘‘The Government does not permit inde- f American Board of Medical Specialties or pendent domestic nongovernmental organi- the Bureau of Osteopathic Specialists are SENATE CONCURRENT RESOLU- zations (NGOs) to monitor publicly human not eligible for special pay for board certifi- TION 27—EXPRESSING THE rights conditions.’’. cation; SENSE OF CONGRESS THAT THE (9) ‘‘[The Government has not stopped] vio- Whereas there are other nationally recog- 2008 OLYMPIC GAMES SHOULD lence against women (including coercive nized organizations that certify physicians NOT BE HELD IN BEIJING UN- family planning practices—which sometimes for practice in areas of specialty; include forced abortion and forced steriliza- Whereas the failure of the Secretary of LESS THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA tion).’’. Veterans Affairs to recognize board certifi- (10) ‘‘The Government continued to re- cations from other nationally recognized or- RELEASES ALL POLITICAL PRIS- strict tightly worker rights, and forced labor ganizations may limit the pool of qualified ONERS, RATIFIES THE INTER- in prison facilities remains a serious prob- physicians from which the Department of NATIONAL COVENANT ON CIVIL lem. Child labor exists and appears to be a Veterans Affairs can hire; and AND POLITICAL RIGHTS, AND growing problem in rural areas as adult Whereas not recognizing board certifi- OBSERVES INTERNATIONALLY workers leave for better employment oppor- cations of other nationally recognized orga- RECOGNIZED HUMAN RIGHTS tunities in urban areas.’’. nizations, such as the American Association (11) ‘‘Some minority groups, particularly of Physician Specialists, Inc., may limit the Mr. HELMS (for himself, Mr. Tibetan Buddhists and Muslim Uighurs, ability of veterans to receive the highest WELLSTONE, Mr. HUTCHINSON, and Mr. came under increasing pressure as the Gov- quality health care: Now, therefore, be it SMITH of New Hampshire) submitted ernment clamped down on dissent and ‘sepa- Resolved, That it is the sense of the Senate the following concurrent resolution; that the Secretary of Veterans Affairs ratist’ activities.’’; which was referred to the Committee Whereas the egregious human rights should, for the purposes of the payment of on Foreign Relations: special pay by the Veterans Health Adminis- abuses committed by the Government of the tration, recognize board certifications from S. CON. RES. 27 People’s Republic of China are inconsistent the American Association of Physician Spe- Whereas the International Olympic Com- with the Olympic ideal; cialists, Inc., to the same extent as the Sec- mittee is in the process of determining the Whereas 119 Chinese dissidents and rel- retary of Veterans Affairs recognizes board venue of the Olympic Games in the year 2008 atives of imprisoned political prisoners, from certifications from the American Board of and is scheduled to make that decision at 22 provinces and cities, issued an open letter Medical Specialties and the Bureau of Osteo- the International Olympic Committee meet- on January 16, 2001, signed at enormous po- pathic Specialists. ing scheduled for Moscow in July 2001; litical risk which expresses the ‘‘grief and in- Mr. HUTCHINSON. Mr. President, I Whereas the city of Beijing has made a dignation for each of China’s political pris- rise today to offer a resolution con- proposal to the International Olympic Com- oners and their families’’, asks the Chinese mittee that the summer Olympic Games in Government to release all of China’s polit- cerning our nation’s veterans’ popu- the year 2008 be held in Beijing; lation and the quality of health care ical prisoners, and asserts that the release of Whereas the Olympic Charter states that China’s political prisoners will improve that they receive. Olympism and the Olympic ideal seek to fos- ‘‘Beijing’s stature in its bid for the 2008 As a member of this Senate Veterans’ ter ‘‘respect for universal fundamental eth- Olympics’’; and Affairs Committee, the chairman of ical principles’’; Whereas although the Government of the Whereas the United Nations General As- the Personnel Subcommittee on the People’s Republic of China signed the Inter- sembly Resolution 48/11 (October 25, 1993) Senate Armed Services Committee, as national Covenant on Civil and Political recognized ‘‘that the Olympic goal of the well as the former chairman of the Rights in 1998, but has failed to ratify the Olympic Movement is to build a peaceful and treaty, and has indicated that it will not Health and Hospitals Subcommittee on better world by educating the youth of the the House Veterans’ Affairs Com- world through sport, practiced without dis- fully implement the recently ratified Inter- mittee, I am very concerned that to- crimination of any kind and the Olympic national Covenant on Economic, Social and day’s veterans’ community receive the spirit, which requires mutual understanding, Cultural Rights: Now, therefore, be it best possible health care coverage that promoted by friendship, solidarity, and fair Resolved by the Senate (the House of Rep- we can provide. play’’; resentatives concurring), That the Congress— Recently, it was brought to my at- Whereas United Nations General Assembly (1) acknowledges and supports the January tention that the Department of Vet- Resolution 50/13 (November 7, 1995) stressed 16, 2001, open letter released by Chinese dis- erans Affairs only recognizes two orga- ‘‘the importance of the principles of the sidents and the families of imprisoned Chi- Olympic Charter, according to which any nese political prisoners stating that the re- nizations for physician certification form of discrimination with regard to a credentials. However, there are other lease of China’s political prisoners would im- country or a person on grounds of race, reli- prove Beijing’s stature in its bid to host the organizations that have pressed the VA gion, politics, sex, or otherwise is incompat- 2008 Olympic Games; to consider their credentials and have ible with the Olympic Movement’’; (2) expresses the view that, consistent with been met with a closed door. Whereas the Department of State’s Coun- its stated principles, the International Olym- While it is my understanding that try Reports on Human Rights Practices for pic Committee should not award the 2008 very recently the Department has re- 2000 reports the following: Olympics to Beijing unless the Government (1) ‘‘The [Chinese] government continued of the People’s Republic of China releases all scinded this decision due to the VA to commit widespread and well-documented of China’s political prisoners, ratifies the General Counsel ruling it to be illegal, human rights abuses, in violation of inter- International Covenant on Civil and Polit- the VA still does not recognize other nationally accepted norms.’’. ical Rights without major reservations, fully board certifications in the matter of (2) ‘‘Abuses included instances of extra ju- specialty pay. dicial killings, the use of torture, forced con- implements the International Covenant on Economic, Social and Cultural Rights, and Within the last few weeks, Congress- fessions, arbitrary arrest and detention, the mistreatment of prisoners, lengthy incom- observes internationally recognized human man JOE SCARBOROUGH, my good friend rights; and former colleague, has introduced municado detention, and denial of due process.’’. (3) calls for the creation of an inter- legislation on behalf of one of these ex- (3) ‘‘The Government infringed on citizens’ national Beijing Olympic Games Human cluded organizations, the American As- privacy rights.’’. Rights Campaign in the event that Beijing sociation of Physician Specialists. His (4) ‘‘The Government maintained tight re- receives the Olympics to focus international resolution addresses the issue of board strictions on freedom of speech and of the pressure on the Government of the People’s certification recognitions by the new press, and increased its efforts to control the Republic of China to grant a general am- Secretary of the VA to include this or- Internet; self-censorship by journalists con- nesty for all political prisoners prior to the commencement of the 2008 Olympics as well ganization in the list of organizations tinued.’’. (5) ‘‘The Government severely restricted as to ratify the International Covenant on that are recognized for certification freedom of assembly and continued to re- Civil and Political Rights; and special pay. strict freedom of association.’’. (4) calls on the Secretary of State to en- Today, I am pleased to offer the Sen- (6) ‘‘The Government continued to restrict dorse publicly the creation of the Beijing ate counter-part to Congressman freedom of religion and intensified controls Olympic Games Human Rights Campaign in SCARBOROUOGH’s legislation in the on some unregistered churches.’’. the event that Beijing receives the Olympics,

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4229 and to utilize all necessary diplomatic re- SA 135. Mr. SCHUMER submitted an ‘‘(ii) make a copy of the software available sources to encourage other nations to en- amendment intended to be proposed by him to each person required to file a designation, dorse and support the campaign as well, fo- to the bill S. 27, supra; which was ordered to statement, or report in electronic form cusing particular attention on member lie on the table. under this Act. states of the European Union and the Asso- SA 136. Mr. HATCH proposed an amend- ‘‘(B) REQUIRED USE.—Any person that ciation of Southeast Asian Nations ment to the bill S. 27, supra. maintains or files a designation, statement, (ASEAN), Japan, Canada, Australia, the Nor- f or report in electronic form under paragraph dic countries, and all other countries en- (11) or subsection (d) shall use software de- gaged in human rights dialogue with China; TEXT OF AMENDMENTS veloped under subparagraph (A) for such (5) requests that the President, during his SA 123. Mr. WELLSTONE (for him- maintenance or filing.’’. expected participation in the Asia-Pacific self, Ms. CANTWELL, Mr. CORZINE, Mr. (c) CONFORMING AMENDMENTS.— Economic Cooperation (APEC) Leaders Sum- BIDEN, and Mrs. CLINTON) proposed an (1) Section 304(a)(3) of the Federal Election mit in Shanghai in October 2001, call for the amendment to the bill S. 27, to amend Campaign Act of 1971 (2 U.S.C. 434(a)) is release of all Chinese political prisoners and the Federal Election Campaign Act of amended by adding at the end the following: Chinese ratification of the International ‘‘(C) The reports described in this subpara- Covenant on Civil and Political Rights; 1971 to provide bipartisan campaign reform; as follows: graph are as follows: (6) recommends that the Congressional-Ex- ‘‘(i) A pre-election report, which shall be ecutive Commission on the People’s Republic On page 37, between lines 14 and 15, insert filed no later than the 12th day before (or of China, established under title III of the the following: posted by registered or certified mail no U.S.-China Relations Act of 2000 (Public Law SEC. 305. STATE PROVIDED VOLUNTARY PUBLIC later than the 15th day before) any election 106–286), devote significant resources to mon- FINANCING. in which such candidate is seeking election, itoring any violations of the rights of polit- Section 403 of the Federal Election Cam- or nomination for election, and which shall ical dissidents and political prisoners, or paign Act of 1971 (2 U.S.C. 453) is amended by be complete as of the 20th day before such other increased abuses of internationally adding at the end the following: ‘‘The preelection. ceding sentence shall not be interpreted to recognized human rights, in the preparation ‘‘(ii) A post-general election report, which prohibit a State from enacting a voluntary to the 2008 Olympic Games and during the shall be filed no later than the 30th day after public financing system which applies to a Olympic Games themselves; and any general election in which such candidate candidate for election to Federal office, (7) directs the Secretary of the Senate to has sought election, and which shall be com- other than the office of President or Vice- transmit a copy of this resolution to the sen- plete as of the 20th day after such general President, from such State who agrees to ior International Olympic Committee rep- election. limit acceptance of contributions, use of per- resentative in the United States with the re- ‘‘(iii) Additional quarterly reports, which sonal funds, and the making of expenditures quest that it be circulated to all members of shall be filed no later than the 15th day after in connection with the election in exchange the Committee. the last day of each calendar quarter, and for full or partial public financing from a f State fund with respect to the election, ex- which shall be complete as of the last day of cept that such system shall not allow any each calendar quarter: except that the report AMENDMENTS SUBMITTED AND for the quarter ending December 31 shall be PROPOSED person to take any action in violation of the provisions of this Act.’’. filed no later than January 31 of the fol- SA 123. Mr. WELLSTONE (for himself, Ms. lowing calendar year.’’. CANTWELL, Mr. CORZINE, Mr. BIDEN, and Mrs. SA 124. Ms. LANDRIEU submitted an (2) Section 304 of the Federal Election CLINTON) proposed an amendment to the bill amendment intended to be proposed by Campaign Act of 1971 (2 U.S.C. 434(a)) is S. 27, to amend the Federal Election Cam- her to the bill S. 27, to amend the Fed- amended— (A) in subsection (a)(3)(A)— paign Act of 1971 to provide bipartisan cam- eral Election Campaign Act of 1971 to paign reform. (i) in each of clauses (i) and (ii)— SA 124. Ms. LANDRIEU submitted an provide bipartisan campaign reform; (I) by striking ‘‘paragraph (2)(A)(i)’’ and in- amendment intended to be proposed by her which was ordered to lie on the table; serting ‘‘subparagraph (C)(i)’’; and to the bill S. 27, supra; which was ordered to as follows: (II) by striking ‘‘paragraph (2)(A)(ii)’’ and lie on the table. On page 37, between lines 14 and 15, insert inserting ‘‘subparagraph (C)(ii)’’; and SA 125. Mr. BOND submitted an amend- the following: (ii) in clause (ii), by striking ‘‘paragraph ment intended to be proposed by him to the SEC. 305. ENHANCED REPORTING AND SOFT- (2)(A)(iii)’’ and inserting ‘‘subparagraph bill S. 27, supra; which was ordered to lie on WARE FOR FILING REPORTS. (C)(iii)’’; the table. (a) ENHANCED REPORTING FOR CAN- (B) in each of paragraphs (4)(B) and (5) of SA 126. Mr. BOND submitted an amend- DIDATES.— subsection (a), by striking ‘‘paragraph ment intended to be proposed by him to the (1) WEEKLY REPORTS.—Section 304(a)(2) of (2)(A)(i)’’ and inserting ‘‘paragraph (3)(C)(i)’’; bill S. 27, supra; which was ordered to lie on the Federal Election Campaign Act of 1971 (2 and the table. U.S.C. 434(a)(2)) is amended to read as fol- (C) in subsection (a)(4)(B), by striking SA 127. Mr. CLELAND submitted an lows: ‘‘paragraph (2)(A)(ii)’’ and inserting ‘‘para- amendment intended to be proposed by him ‘‘(2) PRINCIPAL CAMPAIGN COMMITTEES.—If graph (3)(C)(ii)’’; to the bill S. 27, supra; which was ordered to the political committee is the principal cam- (D) in subsection (a)(8), by striking ‘‘para- lie on the table. paign committee of a candidate for the graph (2)(A)(iii)’’ and inserting ‘‘paragraph SA 128. Mr. CLELAND submitted an House of Representatives or for the Senate, amendment intended to be proposed by him (3)(C)(iii)’’; the treasurer shall file a report for each to the bill S. 27, supra; which was ordered to (E) in subsection (a)(9), by striking ‘‘(2) week of the election cycle that shall be filed lie on the table. or’’; and SA 129. Mr. CLELAND submitted an not later than the 5th day after the last day (F) in subsection (c)(2), by striking ‘‘sub- amendment intended to be proposed by him of the week and shall be complete as of the section (a)(2)’’ and inserting ‘‘subsection to the bill S. 27, supra; which was ordered to last day of the week.’’. (a)(3)(C)’’. lie on the table. (2) PROMPT DISCLOSURE OF CONTRIBUTIONS.— (3) Section 309(b) of the Federal Election SA 130. Mr. CLELAND submitted an Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(b)) is amendment intended to be proposed by him Campaign Act of 1971 (2 U.S.C. 434(a)(6)(A)) is amended— to the bill S. 27, supra; which was ordered to amended— (A) by striking ‘‘304(a)(2)(A)(iii)’’ and in- lie on the table. (A) by striking ‘‘of $1,000 or more’’; serting ‘‘304(a)(3)(C)(iii)’’; and SA 131. Mr. CLELAND submitted an (B) by striking ‘‘after the 20th day, but (B) by striking ‘‘304(a)(2)(A)(i)’’ and insert- amendment intended to be proposed by him more than 48 hours before any election’’ and ing ‘‘304(a)(3)(C)(i)’’. to the bill S. 27, supra; which was ordered to inserting ‘‘during the election cycle’’; and lie on the table. (C) by striking ‘‘within 48 hours’’ and in- SA 132. Mr. CLELAND submitted an serting ‘‘within 24 hours’’. SA 125. Mr. BOND submitted an amendment intended to be proposed by him (b) SOFTWARE FOR FILING OF REPORTS.— amendment intended to be proposed by to the bill S. 27, supra; which was ordered to Section 304(a) of the Federal Election Cam- him to the bill S. 27, to amend the Fed- lie on the table. paign Act of 1971 (2 U.S.C. 434(a)) is amended eral Election Campaign Act of 1971 to SA 133. Mr. CLELAND submitted an by adding at the end the following: provide bipartisan campaign reform; amendment intended to be proposed by him ‘‘(12) SOFTWARE FOR FILING OF REPORTS.— which was ordered to lie on the table; to the bill S. 27, supra; which was ordered to ‘‘(A) IN GENERAL.—The Commission shall— as follows: lie on the table. ‘‘(i) develop software for use to file a des- SA 134. Mr. HATCH proposed an amend- ignation, statement, or report in electronic On page 37, between lines 14 and 15, insert ment to the bill S. 27, supra. form under this Act; and the following:

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 4230 CONGRESSIONAL RECORD—SENATE March 21, 2001 SEC. 305. VOTER IDENTIFICATION REQUIRED. On page 37, between lines 14 and 15, insert SEC. 307. PENALTIES UNDER VOTING RIGHTS Section 8(e) of the National Voter Reg- the following: ACT. istration Act of 1993 (42 U.S.C. 1973gg-6(e)) is SEC. 305. MAIL REGISTRATION. (a) INCREASED PENALTIES.—Subsections (c) amended by adding at the end the following: (a) REQUIREMENT FOR FIRST-TIME VOTERS and (e)(1) of section 11 of the Voting Rights ‘‘(4) Any requirement under this section to TO PRESENT IDENTIFICATION.—Section 6(c)(1) Act of 1965 (42 U.S.C. 1973i) are each amended make an oral or written affirmation regard- of the National Voter Registration Act of by striking ‘‘$10,000’’ and inserting ‘‘$30,000’’. ing the address of a registrant shall include 1993 (42 U.S.C. 1973gg-4(c)(1)) is amended by (b) MISREPRESENTATION OF ELIGIBILITY.— a requirement that such registrant present striking ‘‘a State may by law require a per- Section 11(c) of the Voting Rights Act of 1965 picture identification as part of such affir- son to vote in person if’’ and inserting ‘‘a (42 U.S.C. 1973i(c)) is amended by inserting mation.’’. State shall by law require a person to vote in ‘‘or gives false information as to the individ- SEC. 306. VOTER ROLL COORDINATION DEM- person and present a picture identification ual’s status as a convicted felon’’ after ‘‘vot- ONSTRATION PROJECT. if’’. ing district’’. (a) DEMONSTRATION PROJECT ESTAB- (b) REMOVAL OF VOTERS IN RESPONSE TO LISHED.—The Federal Election Commission UNDELIVERED NOTICES.— SA 127. Mr. CLELAND submitted an shall establish a demonstration project for (1) IN GENERAL.—Section 6(d) of the Na- amendment intended to be proposed by the purpose of determining the feasibility tional Voter Registration Act of 1993 (42 him to the bill S. 27, to amend the Fed- and advisability of requiring coordination of U.S.C. 1973gg-4(d)) is amended by striking eral Election Campaign Act of 1971 to the official list of registered voters and cer- ‘‘may proceed’’ and all that follows through provide bipartisan campaign reform; tain State records to ensure— the end and inserting the following: ‘‘shall— (1) such list is accurate; and which was ordered to lie on the table; ‘‘(1) proceed in accordance with section as follows: (2) that eligible voters are not improperly 8(d); or On page 37, between lines 14 and 15, insert removed from the official list. ‘‘(2) if provided for under State law, re- (b) PROJECT.— the following: move the name of the registrant from the of- (1) IN GENERAL.—The project conducted ficial list of eligible voters in elections for SEC. 305. MODIFICATION OF REPORTING RE- under this section shall require a State to QUIREMENTS. Federal office provided that reasonable safe- maintain accurate records regarding individ- (a) FILING DATE FOR REPORTS.—Section guards are available to prevent the removal uals eligible to vote in the project area by 304(a) of the Federal Election Campaign Act of an eligible voter.’’. coordinating— of 1971 (2 U.S.C. 434(a)) is amended— (2) CONFORMING AMENDMENTS.— (A) State records of— (1) in paragraph (2)(A)(i), by striking ‘‘(or (A) Section 8(a)(3)(C) of such Act (42 U.S.C. (i) individuals registered to vote with re- posted by registered or certified mail no 1973gg-6(a)(3)(C)) is amended by inserting ‘‘or spect to elections for Federal office through later than the 15th day before)’’; section 6(d)(2)’’ after ‘‘paragraph (4)’’. the appropriate State motor vehicle author- (2) in paragraph (4)(A)(ii), by striking ‘‘(or (B) Section 8(c)(2)(B) of such Act (42 U.S.C. ity under section 5 of the National Voter posted by registered or certified mail no 1973gg-6(c)(2)(B)) is amended by inserting ‘‘or Registration Act of 1993 (42 U.S.C. 1973gg–3); later than the 15th day before)’’; and section 6(d)(2)’’ after ‘‘subsection (a)’’. (ii) deaths; and (3) by striking paragraph (5) and inserting (c) CONTENTS OF MAIL VOTER REGISTRATION (iii) individuals convicted of a felony; with ‘‘(5) [Repealed.]’’. FORM.—Section 9(b)(3) of the National Voter (B) the official list of the appropriate juris- (b) MONTHLY REPORTING BY MULTI- Registration Act of 1993 (42 U.S.C. 1973gg- diction of individuals registered, and other- CANDIDATE POLITICAL COMMITTEES.—Section 7(b)(3)) is amended to read as follows: wise eligible, to vote in such elections. 304(a)(4)(B) of the Federal Election Campaign ‘‘(3) may include a requirement for notari- (2) STUDY.—In conjunction with the dem- Act of 1971 (2 U.S.C. 434(a)(4)(B)) is amended zation or other formal authentication as onstration project under this subsection, the by adding at the end the following: ‘‘In the each State may by law require; and’’. Federal Election Commission shall conduct a case of a multicandidate political committee study of— SEC. 306. MAINTENANCE OF ACCURATE LIST OF that has received contributions aggregating ELIGIBLE VOTERS. (A) the current practices and methods of $100,000 or more or made expenditures aggre- (a) REQUIRED VOTER REMOVAL PROGRAM.— gating $100,000 or more, by January 1 of the voting jurisdictions used to maintain official Section 8(a) of the National Voter Registra- calendar year, or anticipates receiving con- lists of registered voters; and tion Act of 1993 (42 U.S.C. 1973gg-(6)(a)) is tributions aggregating $100,000 or more or (B) reasons for any failure of such prac- amended— making expenditures aggregating $100,000 or tices and methods to prevent voting fraud or (1) in paragraph (5), by striking ‘‘and’’ at more during such year, the committee shall inaccurate lists. the end; (c) PROJECT AREA AND DURATION.— file monthly reports under this subpara- (2) in paragraph (6), by striking the period (1) PROJECT AREA.—The Federal Election graph.’’. at the end and inserting ‘‘; and’’; and Commission shall implement the project in (c) REPORTING OF CERTAIN EXPENDITURES.— (3) by adding at the end the following: the voting jurisdictions of St. Louis County, Section 304(a) of the Federal Election Cam- ‘‘(7) conduct a program to determine Missouri, and St. Louis City, Missouri. paign Act of 1971 (2 U.S.C. 434(a)) is amended whether the number of eligible voters in any (2) DURATION.—The project conducted by adding at the end the following: jurisdiction is less than the number of eligi- under this section shall be implemented for a ‘‘(12)(A)(i) A political committee, other ble voters on the official list for such juris- period ending on the date of the next general than an authorized committee of a can- diction and, if such determination is made, election for the office of President and Vice didate, that has received contributions ag- remove the names of ineligible voters from President. gregating $100,000 or more or made expendi- such list in accordance with paragraph (4).’’. (d) REPORT.—Not later than 1 year after tures aggregating $100,000 or more during the (b) NOTIFICATION OF FELONY CONVICTIONS.— the completion of the demonstration project, calendar year or anticipates receiving con- Section 8(g) of the National Voter Registra- the Federal Election Commission shall sub- tributions aggregating $100,000 or more or tion Act of 1993 (42 U.S.C. 1973gg-6(g)) is mit a report to Congress on the demonstra- making expenditures aggregating $100,000 or amended by adding at the end the following: tion project and study conducted under sub- more during such year, shall notify the Com- ‘‘(6) The Attorney General shall provide, mission in writing of any contribution in an section (b) together with such recommenda- upon request of any chief State election offi- tions as the Federal Election Commission aggregate amount equal to $1,000 or more re- cial, expedited access to applicable records determines appropriate— ceived by the committee after the 20th day, regarding felony convictions of individuals (1) regarding resources, technology, and but more than 48 hours, before any election. in order to determine if an individual is eli- ‘‘(ii) Notification shall be made within 48 personnel necessary for maintenance of ac- gible to vote under any applicable State curate records; and hours after the receipt of such contribution law.’’. and shall include the name of the political (2) legislative and administrative action, (c) ADDITIONAL PENALTY FOR CONSPIRACY.— committee, the identification of the contrib- including the feasibility of national stand- Section 12(2) of the National Voter Registra- utor, and the date of receipt of the contribu- ards. tion Act of 1993 (42 U.S.C. 1973gg-(10)(2)) is tion. (e) AUTHORIZATION OF APPROPRIATIONS.— amended— There are authorized to be appropriated such ‘‘(B) The notification required under this (1) in the matter preceding subparagraph paragraph shall be in addition to all other sums as may be necessary to carry out this (A), by striking ‘‘process, by’’ and inserting section. reporting requirements under this Act.’’. ‘‘process’’; SA 126. Mr. BOND submitted an (2) in subparagraph (A), by inserting ‘‘or SA 128. Mr. CLELAND submitted an amendment intended to be proposed by knowingly and willfully conspires with an- amendment intended to be proposed by other person to deprive, defraud, or attempt him to the bill S. 27, to amend the Fed- him to the bill S. 27, to amend the Fed- to deprive or defraud the residents of a State eral Election Campaign Act of 1971 to of a fair and impartially conducted election eral Election Campaign Act of 1971 to provide bipartisan campaign reform; process, by’’ before ‘‘the procurement’’; and provide bipartisan campaign reform; which was ordered to lie on the table; (3) in subparagraph (B), by inserting ‘‘by’’ which was ordered to lie on the table; as follows: before ‘‘the procurement’’. as follows:

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4231 On page 37, between lines 14 and 15, insert means, with respect to a candidate, the pe- pay the compensation of employees of the the following: riod of time that— Commission. SEC. 305. AUDITS. ‘‘(A) begins on the date that is the earlier ‘‘(B) SUPREME COURT.—The authority (a) RANDOM AUDITS.—Section 311(b) of the of— granted under subparagraph (A) includes the Federal Election Campaign Act of 1971 (2 ‘‘(i) January 1 of the year in which an elec- power to appeal from, and petition the Su- U.S.C. 438(b)) is amended— tion for the seat that the candidate is seek- preme Court for certiorari to review, judg- (1) by inserting ‘‘(1)’’ before ‘‘The Commis- ing occurs; or ments or decrees entered with respect to ac- sion’’; and ‘‘(ii) 90 days before the date on which the tions in which the Commission appears (2) by adding at the end the following: candidate will qualify under State law to be under the authority provided in this sec- ‘‘(2) RANDOM AUDITS.— placed on the ballot for the primary election tion.’’. ‘‘(A) IN GENERAL.—Notwithstanding para- for the seat that the candidate is seeking; graph (1), the Commission may conduct ran- and SA 132. Mr. CLELAND submitted an dom audits and investigations to ensure vol- ‘‘(B) ends on the date that is 5 days after amendment intended to be proposed by untary compliance with this Act. the date of the general election for the seat him to the bill S. 27, to amend the Fed- ‘‘(B) LIMITATION.—The Commission shall that the candidate is seeking. eral Election Campaign Act of 1971 to not conduct an audit or investigation of a ‘‘(3) EXCEPTIONS.— provide bipartisan campaign reform; ‘‘(A) DEBTS INCURRED DURING ELECTION candidate’s authorized committee under which was ordered to lie on the table; paragraph (1) until the candidate is no longer CYCLE.—A candidate may accept a contribu- a candidate for the office sought by the can- tion after the end of a contribution period to as follows: didate in an election cycle. make an expenditure in connection with a On page 37, between lines 14 and 15, insert ‘‘(C) APPLICABILITY.—This paragraph does debt or obligation incurred in connection the following: not apply to an authorized committee of a with the election during the election cycle. SEC. 305. RESTRUCTURING OF THE FEDERAL candidate for President or Vice President ‘‘(B) ACCEPTANCE OF CONTRIBUTIONS IN RE- ELECTION COMMISSION. subject to audit under section 9007 or 9038 of SPONSE TO OPPONENT’S CARRYOVER FUNDS.— (a) IN GENERAL.—So much of section 306(a) the Internal Revenue Code of 1986.’’. ‘‘(i) IN GENERAL.—A candidate may accept of the Federal Election Campaign Act of 1971 (b) EXTENSION OF PERIOD DURING WHICH an aggregate amount of contributions before (2 U.S.C. 437c(a)) as precedes paragraph (2) is CAMPAIGN AUDITS MAY BE BEGUN.—Section the contribution period begins in an amount amended to read as follows: 311(b) of the Federal Election Campaign Act equal to 125 percent of the amount of carry- ‘‘(a) COMPOSITION OF COMMISSION.— of 1971 (2 U.S.C. 438(b)) is amended by strik- over funds of an opponent in the same elec- ‘‘(1) IN GENERAL.— ing ‘‘6 months’’ and inserting ‘‘12 months’’. tion. ‘‘(A) ESTABLISHMENT.—There is established ‘‘(ii) CARRYOVER FUNDS OF OPPONENT.—In a commission to be known as the Federal SA 129. Mr. CLELAND submitted an clause (i), the term ‘carryover funds of an op- Election Commission. amendment intended to be proposed by ponent’ means the aggregate amount of con- ‘‘(B) APPOINTMENT OF MEMBERS.—The Com- him to the bill S. 27, to amend the Fed- tributions that an opposing candidate and mission shall be composed of 7 members ap- eral Election Campaign Act of 1971 to the candidate’s authorized committees pointed by the President, by and with the ad- transfers from a previous election cycle to provide bipartisan campaign reform; vice and consent of the Senate, of which 1 the current election cycle.’’. member shall be appointed by the President which was ordered to lie on the table; (b) DEFINITION OF ELECTION CYCLE.—Sec- from nominees recommended under subpara- as follows: tion 301 of the Federal Election Campaign graph (C). On page 37, between lines 14 and 15, insert Act of 1971 (2 U.S.C. 431), as amended by sec- ‘‘(C) NOMINATIONS.— the following: tion 101(b), is amended by adding at the end ‘‘(i) IN GENERAL.—The Supreme Court shall SEC. 305. CIVIL ACTION. the following: recommend 10 nominees from which the Section 309 of the Federal Election Cam- ‘‘(25) ELECTION CYCLE.—The term ‘election President shall appoint a member of the paign Act of 1971 (2 U.S.C. 437g) is amended cycle’ means the period beginning on the day Commission. by adding at the end the following: after the date of the most recent general ‘‘(ii) QUALIFICATIONS.—The nominees rec- ‘‘(e) CIVIL ACTION.— election for the specific office or seat that a ommended under clause (i) shall be individ- ‘‘(1) AUTHORITY TO BRING CIVIL ACTION.—If candidate is seeking and ending on the date uals who have not, during the time period the Commission does not act to investigate of the next general election for that office or beginning on the date that is 5 years prior to or dismiss a complaint within 120 days after seat.’’. the date of the nomination and ending on the the complaint is filed, the person who filed date of the nomination— the complaint may commence a civil action SA 131. Mr. CLELAND submitted an ‘‘(I) held elective office as a member of the against the Commission in United States dis- amendment intended to be proposed by Democratic or Republican political party; trict court for injunctive relief. him to the bill S. 27, to amend the Fed- ‘‘(II) received any wages from the Demo- ‘‘(2) ATTORNEY’S FEES.—The court may eral Election Campaign Act of 1971 to cratic or Republican political party; or award the costs of the litigation (including provide bipartisan campaign reform; ‘‘(III) provided substantial volunteer serv- reasonable attorney’s fees) to a plaintiff who which was ordered to lie on the table; ices or made any substantial contribution to substantially prevails in the civil action.’’. the Democratic or Republican political party as follows: or to a public officeholder or candidate for SA 130. Mr. CLELAND submitted an On page 37, between lines 14 and 15, insert public office who is associated with the amendment intended to be proposed by the following: Democratic or Republican political party. him to the bill S. 27, to amend the Fed- SEC. 305. INDEPENDENT LITIGATION AUTHORITY. ‘‘(D) LIMIT ON PARTY AFFILIATION.—Of the 6 eral Election Campaign Act of 1971 to Section 306(f) of the Federal Election Cam- members not appointed pursuant to subpara- provide bipartisan campaign reform; paign Act of 1971 (2 U.S.C. 437c(f)) is amended graph (C), no more than 3 members may be by striking paragraph (4) and inserting the affiliated with the same political party.’’. which was ordered to lie on the table; following: (b) CHAIR OF COMMISSION.—Section 306(a)(5) as follows: ‘‘(4) INDEPENDENT LITIGATING AUTHORITY.— of the Federal Election Campaign Act of 1971 On page 37, between lines 14 and 15, insert ‘‘(A) IN GENERAL.—Notwithstanding para- (2 U.S.C. 437c(a)(5)) is amended by striking the following: graph (2) or any other provision of law, the paragraph (5) and inserting the following: SEC. 305. LIMIT ON TIME TO ACCEPT CONTRIBU- Commission is authorized to appear on the ‘‘(5) CHAIR; VICE CHAIR.— TIONS. Commission’s behalf in any action related to ‘‘(A) IN GENERAL.—A member appointed (a) TIME TO ACCEPT CONTRIBUTIONS.—Sec- the exercise of the Commission’s statutory under paragraph (1)(C) shall serve as chair of tion 315 of the Federal Election Campaign duties or powers in any court as either a the Commission and the Commission shall Act of 1971 (2 U.S.C. 441a) is amended by add- party or as amicus curiae, either— elect a vice chair from among the Commis- ing at the end the following: ‘‘(i) by attorneys employed in its office, or sion’s members. ‘‘(i) TIME TO ACCEPT CONTRIBUTIONS.— ‘‘(ii) by counsel whom the Commission ‘‘(B) AFFILIATION.—The chair and the vice ‘‘(1) IN GENERAL.—A candidate for nomina- may appoint, on a temporary basis as may be chair shall not be affiliated with the same tion for election, or election, to the Senate necessary for such purpose, without regard political party. or House of Representatives shall not accept to the provisions of title 5, United States ‘‘(C) VACANCY.—The vice chair shall act as a contribution from any person during an Code, governing appointments in the com- chair in the absence or disability of the chair election cycle in connection with the can- petitive service, and whose compensation it or in the event of a vacancy of the chair.’’. didate’s campaign except during a contribu- may fix without regard to the provisions of (c) EFFECTIVE DATE.— tion period. chapter 51 and subchapter III of chapter 53 of (1) IN GENERAL.—The term of the seventh ‘‘(2) CONTRIBUTION PERIOD.—In this sub- such title, and whose compensation shall be member of the Federal Election Commission section, the term ‘contribution period’ paid out of any funds otherwise available to appointed under section 306(a)(1)(C) of the

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 4232 CONGRESSIONAL RECORD—SENATE March 21, 2001 Federal Election Campaign Act of 1971, as ‘‘(B) for any labor organization described SEC. 305. SENSE OF THE SENATE. added by subsection (a) of this section, shall in this section to collect from or assess such (a) FINDINGS.—The Senate finds that— begin on May 1, 2002. employee any dues, initiation fee, or other (1) the right to vote is fundamental under (2) CURRENT MEMBERS.—Any member of the payment if any part of such dues, fee, or pay- the United States Constitution; Federal Election Commission serving a term ment will be used for political activities. (2) all Americans should be able to vote on the date of enactment of this Act (or any ‘‘(2) EFFECT OF AUTHORIZATION.—An author- unimpeded by antiquated technology, admin- successor of such term) shall continue to ization described in paragraph (1) shall re- istrative difficulties, or other undue barriers; serve until the expiration of the term. main in effect until revoked and may be re- (3) States and localities have shown great voked at any time. interest in modernizing their voting and SA 133. Mr. CLELAND submitted an ‘‘(c) CONTENTS.— election systems, but require financial as- amendment intended to be proposed by ‘‘(1) IN GENERAL.—The report submitted sistance from the Federal Government; him to the bill S. 27, to amend the Fed- under subsection (a) shall disclose informa- (4) more than one Standing Committee of eral Election Campaign Act of 1971 to tion regarding the dues, fees, and assess- the Senate is in the course of holding hear- ments spent at each level of the labor orga- ings on the subject of election reform; and provide bipartisan campaign reform; nization and by each international, national, which was ordered to lie on the table; (5) election reform is not ready for consid- State, and local component or council, and eration in the context of the current debate as follows: each affiliate of the labor organization and concerning campaign finance reform, but re- On page 37, between lines 14 and 15, insert information on funds of a corporation spent quires additional attention from committees the following: by each subsidiary of such corporation show- before consideration by the full Senate. SEC. 305. REQUIRED CONTRIBUTOR CERTIFI- ing the amount of dues, fees, and assess- (b) SENSE OF THE SENATE.—It is the sense CATION. ments or corporate funds disbursed in the of the Senate that the Senate should sched- Section 301(13) of the Federal Election following categories: ule election reform legislation for floor de- Campaign Act of 1971 (2 U.S.C. 431(13)) is ‘‘(A) Direct activities, such as cash con- bate not later than June 29, 2001. amended— tributions to candidates and committees of (1) in subparagraph (A)— political parties. SA 136. Mr. HATCH proposed an (A) by striking ‘‘and’’ the first place it ap- ‘‘(B) Internal and external communications amendment to the bill S. 27, to amend pears; and relating to specific candidates, political the Federal Election Campaign Act of (B) by inserting ‘‘, and an affirmation that causes, and committees of political parties. 1971 to provide bipartisan campaign re- the individual is an individual who is not ‘‘(C) Internal disbursements by the labor form; as follows: prohibited by sections 319 and 320 from mak- organization or corporation to maintain, op- On page 37, between lines 14 and 15, and in- ing the contribution’’ after ‘‘employer’’; and erate, and solicit contributions for a sepa- sert the following: (2) in subparagraph (B) by inserting ‘‘and rate segregated fund. an affirmation that the person is a person SEC. 305. DISCLOSURE OF DISBURSEMENTS OF ‘‘(D) Voter registration drives, State and UNION DUES, FEES, AND ASSESS- that is not prohibited by sections 319 and 320 precinct organizing on behalf of candidates MENTS OR CORPORATE FUNDS FOR from making a contribution’’ after ‘‘such and committees of political parties, and get- POLITICAL ACTIVITIES. person’’. out-the-vote campaigns. Title III of the Federal Election Campaign ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For Act of 1971 (2 U.S.C. 431 et seq.) is amended SA 134. Mr. HATCH proposed an each of the categories of information de- by inserting after section 304 the following: amendment to the bill S. 27, to amend scribed in a subparagraph of paragraph (1), ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF the Federal Election Campaign Act of the report shall identify the candidate for UNION DUES, FEES, AND ASSESS- 1971 to provide bipartisan campaign republic office on whose behalf disbursements MENTS OR CORPORATE FUNDS FOR form; as follows: were made or the political cause or purpose POLITICAL ACTIVITIES. for which the disbursements were made. ‘‘(a) IN GENERAL.—Any corporation or Beginning on page 35, strike line 8 and all labor organization (including a separate seg- that follows through page 37, line 14, and in- ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— The report under subsection (a) shall also regated fund established and maintained by sert the following: such entity) that makes a disbursement for SEC. 304. DISCLOSURE OF AND CONSENT FOR list all contributions or expenditures made by separated segregated funds established political activity or a contribution or ex- DISBURSEMENTS OF UNION DUES, penditure during an election cycle shall sub- and maintained by each labor organization FEES, AND ASSESSMENTS OR COR- mit a written report for such cycle— PORATE FUNDS FOR POLITICAL AC- or corporation. TIVITIES. ‘‘(d) TIME TO MAKE REPORTS.—A report re- ‘‘(1) in the case of a corporation, to each of Title III of the Federal Election Campaign quired under subsection (a) shall be sub- its shareholders; and Act of 1971 (2 U.S.C. 431 et seq.) is amended mitted not later than January 30 of the year ‘‘(2) in the case of a labor organization, to by inserting after section 304 the following: beginning after the end of the election cycle each employee within the labor organiza- ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF that is the subject of the report. tion’s bargaining unit or units; UNION DUES, FEES, AND ASSESS- ‘‘(e) DEFINITIONS.—In this section: disclosing the portion of the labor organiza- MENTS OR CORPORATE FUNDS FOR ‘‘(1) ELECTION CYCLE.—The term ‘election tion’s income from dues, fees, and assess- POLITICAL ACTIVITIES. cycle’ means, with respect to an election, the ments or the corporation’s funds that was ‘‘(a) DISCLOSURE.—Any corporation or period beginning on the day after the date of expended directly or indirectly for political labor organization (including a separate seg- the previous general election for Federal of- activities, contributions, and expenditures regated fund established and maintained by fice and ending on the date of the next gen- during such election cycle. such entity) that makes a disbursement for eral election for Federal office. ‘‘(b) CONTENTS.— ‘‘(1) IN GENERAL.—The report submitted political activity or a contribution or ex- ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- penditure during an election cycle shall sub- ical activity’ means— under subsection (a) shall disclose informa- mit a written report for such cycle— ‘‘(A) voter registration activity; tion regarding the dues, fees, and assess- ‘‘(1) in the case of a corporation, to each of ‘‘(B) voter identification or get-out-the- ments spent at each level of the labor orga- its shareholders; and vote activity; nization and by each international, national, ‘‘(2) in the case of a labor organization, to ‘‘(C) a public communication that refers to State, and local component or council, and each employee within the labor organiza- a clearly identified candidate for Federal of- each affiliate of the labor organization and tion’s bargaining unit or units; fice and that expressly advocates support for information on funds of a corporation spent disclosing the portion of the labor organiza- or opposition to a candidate for Federal of- by each subsidiary of such corporation show- tion’s income from dues, fees, and assess- fice; and ing the amount of dues, fees, and assessments or the corporation’s funds that was ‘‘(D) disbursements for television or radio ments or corporate funds disbursed in the expended directly or indirectly for political broadcast time, print advertising, or polling following categories: activities, contributions, and expenditures for political activities.’’ ‘‘(A) Direct activities, such as cash con- during such election cycle. tributions to candidates and committees of ‘‘(b) CONSENT.— SA 135. Mr. SCHUMER submitted an political parties. ‘‘(1) PROHIBITION.—Except with the sepa- amendment intended to be proposed by ‘‘(B) Internal and external communications rate, prior, written, voluntary authorization him to the bill S. 27, to amend the Fed- relating to specific candidates, political of a stockholder, in the case of a corpora- causes, and committees of political parties. tion, or an employee within the labor organi- eral Election Campaign Act of 1971 to ‘‘(C) Internal disbursements by the labor zation’s bargaining unit or units in the case provide bipartisan campaign reform; organization or corporation to maintain, op- of a labor organization, it shall be unlawful— which was ordered to lie on the table; erate, and solicit contributions for a sepa- ‘‘(A) for any corporation described in this as follows: rate segregated fund. section to use funds from its general treas- On page 37, between lines 14 and 15, insert ‘‘(D) Voter registration drives, State and ury for the purpose of political activities; or the following: precinct organizing on behalf of candidates

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 March 21, 2001 CONGRESSIONAL RECORD—SENATE 4233 and committees of political parties, and get- SELECT COMMITTEE ON INTELLIGENCE DESIGNATING UNITED STATES out-the-vote campaigns. POST OFFICE FACILITIES AT 620 ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Select JACARANDA STREET IN LANAI each of the categories of information de- CITY, HAWAII, AND AT 2305 scribed in a subparagraph of paragraph (1), Committee on Intelligence be author- MINTON ROAD IN WEST MEL- the report shall identify the candidate for ized to meet during the session of the BOURNE, FLORIDA public office on whose behalf disbursements Senate on Wednesday, March 21, 2001, were made or the political cause or purpose at 3 p.m., to hold a closed hearing on Mr. MCCONNELL. Mr. President, I for which the disbursements were made. intelligence matters. ask unanimous consent that the Sen- ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— ate now proceed to the consideration, The report under subsection (a) shall also The PRESIDING OFFICER. Without en bloc, of the following post office list all contributions or expenditures made objection, it is so ordered. by separated segregated funds established naming bills that are at the desk: H.R. and maintained by each labor organization SUBCOMMITTEE ON CLEAN AIR, WETLANDS, 395 and H.R. 132. or corporation. PRIVATE PROPERTY AND NUCLEAR SAFETY The PRESIDING OFFICER. Without ‘‘(c) TIME TO MAKE REPORTS.—A report re- objection, it is so ordered. quired under subsection (a) shall be sub- Mr. MCCONNELL. Mr. President, I The clerk will state the bills by title. mitted not later than January 30 of the year ask unanimous consent that the Sub- The assistant legislative clerk read beginning after the end of the election cycle committee on Clean Air, Wetlands, Pri- as follows: that is the subject of the report. vate Property and Nuclear Safety be A bill (H.R. 132) to designate the facility of ‘‘(d) DEFINITIONS.—In this section: authorized to meet on Wednesday, the United States Postal Service located at ‘‘(1) ELECTION CYCLE.—The term ‘election March 21, at 9:30 a.m., on the Clean Air 620 Jacaranda Street in Lanai City, Hawaii, cycle’ means, with respect to an election, the as the ‘‘Goro Hokama Post Office’’. period beginning on the day after the date of Act with regard to the nation’s energy A bill (H.R. 395) to designate the facility of the previous general election for Federal of- policy. the United States Postal Service located at fice and ending on the date of the next gen- The PRESIDING OFFICER. Without 2305 Minton Road in West Melbourne, Flor- eral election for Federal office. ida, as the ‘‘Ronald W. Reagan Post Office of ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- objection, it is so ordered. West Melbourne, Florida’’. ical activity’ means— SUBCOMMITTEE ON READINESS AND There being no objection, the Senate ‘‘(A) voter registration activity; MANAGEMENT SUPPORT proceeded to consider the bills en bloc. ‘‘(B) voter identification or get-out-the- Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I vote activity; ask unanimous consent that the bills ‘‘(C) a public communication that refers to ask unanimous consent that the Sub- a clearly identified candidate for Federal of- be read the third time and passed, the committee on Readiness and Manage- motions to reconsider be laid upon the fice and that expressly advocates support for ment Support of the Committee on or opposition to a candidate for Federal of- table, and that any statements relating fice; and Armed Services be authorized to meet to either of these bills be printed in the ‘‘(D) disbursements for television or radio during the session of the Senate on RECORD, with the above occurring en broadcast time, print advertising, or polling Wednesday, March 21, 2001, at 9:30 a.m., bloc. for political activities.’’ in open session to receive testimony on The PRESIDING OFFICER. Without f installation readiness, in review of the objection, it is so ordered. The bills (H.R. 132 and H.R. 395) were NOTICES OF HEARINGS Defense authorization request for fiscal year 2002 and the future years’ Defense read the third time and passed. COMMITTEE ON AGRICULTURE, NUTRITION, AND program. f FORESTRY Mr. LUGAR. Mr. President, I would The PRESIDING OFFICER. Without APPOINTMENT like to announce that the Committee objection, it is so ordered. The PRESIDING OFFICER. The on Agriculture, Nutrition, and For- SUBCOMMITTEE ON SURFACE TRANSPORTATION Chair, on behalf of the majority leader, estry will meet on March 27, 2001, in AND MERCHANT MARINE pursuant to Public Law 101–549, ap- SR–328A at 9 a.m. The purpose of this points Josephine S. Cooper, of Wash- hearing will be to review the Research, Mr. MCCONNELL. Mr. President, I ington, DC, to the Board of Directors of Extension and Education title of the ask unanimous consent that the Sub- the Mickey Leland National Urban Air farm bill. committee on Surface Transportation Toxics Research Center, vice Joseph H. and Merchant Marine of the Com- Graziano. f mittee on Commerce, Science, and f AUTHORITY FOR COMMITTEES TO Transportation be authorized to meet ORDERS FOR THURSDAY, MARCH MEET on Wednesday, March 21, 2001, at 9:30 22, 2001 COMMITTEE ON ENERGY AND NATURAL a.m., on oversight of the Surface RESOURCES Transportation Board. Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I ask unanimous consent that when the The PRESIDING OFFICER. Without Senate completes its business today, it ask unanimous consent that the Com- objection, it is so ordered. mittee on Energy and Natural Re- adjourn until the hour of 9 a.m. on sources be authorized to meet during SUBCOMMITTEE ON WATER AND POWER Thursday, March 22. I further ask unanimous consent that on Thursday, the session of the Senate on Wednes- Mr. MCCONNELL. Mr. President, I day, March 21, at 9:30 a.m., to conduct immediately following the prayer, the ask unanimous consent that the Sub- Journal of proceedings be approved to an oversight hearing. The committee committee on Water and Power of the will review current U.S. energy trends date, the morning hour be deemed to Committee on Energy and Natural Re- and recent changes in energy markets. have expired, the time for the two lead- sources be authorized to meet during ers be reserved for their use later in The PRESIDING OFFICER. Without the day, and the Senate then resume objection, it is so ordered. the session of the Senate on Wednes- day, March 21, at 2 p.m., to conduct an consideration of the pending Hatch COMMITTEE ON FOREIGN RELATIONS oversight hearing. The subcommittee amendment to S. 27, the campaign fi- Mr. MCCONNELL. Mr. President, I will receive testimony on the Klamath nance reform bill. ask unanimous consent that the Com- Project in Oregon, including implemen- The PRESIDING OFFICER. Without mittee on Foreign Relations be author- tation of PL 106–498 and how the objection, it is so ordered. ized to meet during the session of the f Senate on Wednesday, March 21, 2001, project might operate in what is pro- at 2 p.m., to hold a hearing. jected to be a short water year. PROGRAM The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, for objection, it is so ordered. objection, it is so ordered. the information of all Senators, the

VerDate jul 14 2003 20:54 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR01\S21MR1.002 S21MR1 4234 CONGRESSIONAL RECORD—SENATE March 21, 2001 Senate will resume consideration of As a reminder, votes will also occur fore the Senate, I now ask that the the pending Hatch amendment for up during Friday’s session of the Senate. Senate stand in adjournment under the to 30 minutes tomorrow morning. Sen- f previous order. ators should expect a vote in relation to the amendment at approximately ADJOURNMENT UNTIL 9 A.M. There being no objection, the Senate, 9:30 a.m. Amendments will be offered TOMORROW at 7:08 p.m., adjourned until Thursday, and voted on throughout the day to- Mr. MCCONNELL. Mr. President, if March 22, 2001, at 9 a.m. morrow. there is no further business to come be-

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INTRODUCTION OF NET CORPS THE GENERATOR TARIFF REPEAL and research, and to increase organ donation. ACT OF 2001 ACT We all share the National Kidney Foundation’s vision of ‘‘Making Lives Better’’ so that every HON. MAC COLLINS individual will have the opportunity to live a HON. MIKE HONDA OF GEORGIA healthy life. Each year the National Kidney Foundation OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES of Michigan has honored several Michigan IN THE HOUSE OF REPRESENTATIVES Wednesday, March 21, 2001 residents who are outstanding members of the Mr. COLLINS. Mr. Speaker, today I rise to community and have helped in the campaign Wednesday, March 21, 2001 introduce legislation that would repeal the duty for the treatment of kidney disease and in- Mr. HONDA. Mr. Speaker, it was once con- on the importation of replacement steam gen- creased awareness of organ and tissue dona- ventional wisdom that if you merely put com- erators used in nuclear power plants. tion. This evening, the Foundation will be puters in classrooms, the quality of our chil- Steam generators are necessary for the op- hosting the fourth annual Champion of Hope dren’s education would dramatically improve. eration of nuclear power facilities. However, Tribute Dinner, which will honor the 2001 No doubt, our schools are better because of because they are no longer produced in the Champions of Hope. the presence of computers, but we have United States, domestic electric utilities must This year, the National Kidney Foundation learned that our teachers and administrators import replacement nuclear steam generators. of Michigan has chosen Paul Seldenright as a must be better trained and assisted if we are Despite the fact that there is neither a current recipient of the award. When Paul retired from to maximize the use of computers and the nor any reasonable likelihood of future domes- his 27-year career with the Michigan State Internet in schools. tic manufacturing capability, a tariff is imposed AFL–CIO, he did not retire from public service. on these imports. Prior to the conclusion of He has continued to demonstrate his dedica- Today, I will introduce legislation that ex- last year’s Congress, a reduction in this tariff tion and commitment through service within pands the Corporation for National Service by was included in the Miscellaneous Trade and his community and beyond. A member of the creating a National Education Technology Technical Corrections Act (H.R. 4868). Be- A. Philip Randolph Institute and lifetime mem- (NET) Corps that works with our school teach- cause a full repeal would have breached the ber of the NAACP as well, his contribution to ers and administrators to integrate technology limitation on revenue impact for the bipartisan the fight for racial equality and economic jus- into classroom curriculum. miscellaneous trade bill, the original full repeal tice has continued to serve as an example to NET Corps will work to improve the quality of the tariff was changed to a reduction to communities across the country. Without lead- of classroom education for our children by 4.9%. ers like Paul Seldenright, the mission to im- coupling the specific needs of our school sys- This tariff should be removed. While pro- prove the lives of people with kidney disease tems with the energy and intellect of some of viding no benefit to any domestic manufac- through education, services, research, and the brightest people in our academic institu- turer, this expensive tax is borne directly by organ donation would be that much more dif- tions and high tech industry. domestic consumers of electricity. The cost of ficult. the duty is passed on to the ratepayer through I applaud the National Kidney Foundation of In addition to recruiting students from Amer- the state public utility commissions in rate- Michigan and Paul Seldenright for their leader- ica’s universities, the federal government will making proceedings. In short, the consumer ship, advocacy, and community service. I encourage high tech businesses to lend their pays this unnecessary tax directly and entirely. know that Paul is honored by the recognition employees to the NET Corps program—on a There is no domestic manufacturing industry and I urge my colleagues to join me in salut- part-time or full-time basis—by offering these to protect and the consumer derives no benefit ing him as a 2001 recipient of the Champion corporations a tax credit. from this tax. Except for raising a minor of Hope Award. Already, my proposal has drawn strong sup- amount of revenue for the Treasury, this is a f port from Silicon Valley executives, teachers classic case of a tariff that serves no purpose and the non-profit community who recognizes other than to raise costs for consumers. RAISING AWARENESS OF VITILIGO that career opportunities for the next genera- This tariff repeal legislation has enjoyed tion of Americans will increasingly come from strong bipartisan support in both the House of HON. MICHAEL BILIRAKIS our fast-paced, knowledge economy. Over Representatives and the other body. I ask my OF FLORIDA two-thirds of economic growth stems from colleagues to join the effort again this year to IN THE HOUSE OF REPRESENTATIVES technological innovation—our students must eliminate this unneeded tariff by cosponsoring Wednesday, March 21, 2001 be empowered with high tech skills so they the Generator Tariff Repeal Act. Mr. BILIRAKIS. Mr. Speaker, I would like to can navigate, adapt and succeed in the Inter- f net economy. take this opportunity to bring attention to a TRIBUTE TO PAUL SELDENRIGHT skin condition called Vitiligo. Vitiligo is a skin As a Peace Corps volunteer in El Salvador CHAMPION OF HOPE TRIBUTE condition of white patches resulting from loss in the 1960s, I believe that NET Corps is an DINNER FOR THE NATIONAL KID- of pigment. This disease can strike anyone at excellent model. I understand the positive im- NEY FOUNDATION OF MICHIGAN anytime, and it is both genetic and environ- pact that direct service programs have in our mental. communities and the lives of volunteers. The HON. DAVID E. BONIOR The typical Vitiligo macule is white in color, NET Corps programs will afford opportunities has convex margins, and appears as though to our professional men and women to make OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES the white areas were flowing into normally pig- contributions to our schools and our children. mented skin. The disease progresses by grad- As a former high school teacher and a Wednesday, March 21, 2001 ual enlargement of individual macules and the Member of this body representing Silicon Val- Mr. BONIOR. Mr. Speaker, the National Kid- development of new white spots on various ley, I’m proud to introduce legislation that will ney Foundation of Michigan is an organization parts of the body. foster a cooperative working relationship be- with a noble mission: to prevent and eliminate Vitiligo affects between one and two percent tween schoolteachers and high-tech savvy vol- diseases of the kidney and urinary tract, to en- of the population, regardless of sex, race, or unteers to improve the quality of our children’s hance the quality of life for people with kidney age around the world. An estimated five mil- education. disease through education, services, advocacy lion Americans are afflicted with Vitiligo. The

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate jul 14 2003 20:57 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR01\E21MR1.000 E21MR1 4236 EXTENSIONS OF REMARKS March 21, 2001 more dark-skinned a person is, the more their fortunate than herself. She is a woman with EXPRESSING SYMPATHY FOR VIC- Vitiligo stands out. Because of the contrast be- seemingly endless energy, who knows no TIMS OF DEVASTATING EARTH- tween affected and unaffected areas of skin. bounds when called upon to help. QUAKES IN EL SALVADOR In half of all Vitiligo cases, onset occurs between the ages of 10 and 30. There are, how- Growing up all of my friends called her SPEECH OF ever, reported cases of Vitiligo present at ‘‘Mom.’’ Never one to pass judgment on our friends, she trusted that we would make the HON. MIKE HONDA birth. right choices. She always taught us to look OF CALIFORNIA Over 30% of affected individuals may report beyond the surface. Those who know her IN THE HOUSE OF REPRESENTATIVES a positive family history. Both genetic and en- know that they don’t come much better than vironmental factors contribute to Vitiligo. Many this. She is everything that I would ever Tuesday, March 20, 2001 patients attribute the onset of their Vitiligo to want to be. Mr. HONDA. Madam Speaker, the massive physical trauma, illness or emotional distress, earthquakes that have hit El Salvador, first on such as the death of a family member. She is a wise person beyond her years. Her January 13 with a magnitude of 7.6 on the Treatment of this disease is essential. Vit- generosity is beyond words. She has a very Richter Scale, and then on February 13 with iligo profoundly impacts the social and psycho- kind heart and expects nothing in return. a magnitude of 6.6, have brought untold hard- logical well-being of its victims, especially chil- Her joy is seeing others happy. ships to a nation that has been working dili- dren. Although, this disease is painless, the gently to overcome previous natural disasters. disfigurement of Vitiligo—accentuated among In the professional arena, she has broad- Hundreds of lives have been lost, thousands persons with dark or tan skin—can be dev- ened her skills and experience by accepting injured and a million more have been dis- new challenges and has dared to take on new astating. Raising the public’s awareness of placed, leaving them without food, water or this disease and its known treatment will bring responsibilities as she uncovered each potential opportunity. shelter. relief to those who suffer from Vitiligo. As Americans, it is our duty to pull together April has been declared Vitiligo Awareness to help our friends and allies during times of Month by Governor Jeb Bush of Florida. The She has deep morals and a deep spiritual connection to this universe. The world and extreme crisis. I urge our government to expe- American Vitiligo Research Foundation, lo- my life would be a different place without dite relief efforts, especially where entities cated in my district in Clearwater, Florida, is her in it. such as the World Bank, the Inter-American holding a seminar in April to bring attention to Development Bank, and the United States this disease. This is an opportunity for re- She is a very independent young woman Agency for International Development are con- searchers and doctors to discuss and share who tries everyday to be true to herself. She cerned. information about Vitiligo. The seminar will understands that a healthy spirit allows her This disaster also affected me on a deeply also afford children with the disease the op- to be the best she can be for herself and ev- personal level—I spent two years in the Peace portunity to understand that they are not eryone else that she loves. Corps and the people I met and worked with alone. during my time in El Salvador’s rural villages I would like to thank Stella Pavlides of She exemplifies everything that is fan- welcomed me into their homes and into their Clearwater, Florida, who brought this disease tastic in contemporary womanhood; she is hearts. My deepest sympathies go out to the strong, self-directed, intelligent, warm, in- to my attention, and I commend her dedication people of El Salvador for the losses they have to educating the public about Vitiligo. Although volved, and committed to her community and its people. had to endure. this disease does not physically harm a per- I have spoken with President Francisco Flo- son, it can destroy one’s spirit. Increased pub- res of El Salvador and he has informed me lic awareness is the only way to help reduce When all else fails, she will at least make you laugh. that a massive relief effort is underway to pro- the discrimination experienced by patients liv- vide shelter, food and water. Many families ing with this disease. are still taking refuge in public areas and soc- These are but a few examples of the f cer stadiums. He also expressed fears that testimonials received on behalf of the hon- disease may run rampant due to open sewage CELEBRATING THE WOMEN OF orees. They speak to the importance and influ- pipes and contaminated water. I assured LEWISTON/AUBURN ence that these women have had on their President Flores that I would do what I could, families, colleagues, and communities. HON. JOHN ELIAS BALDACCI to bring attention to this crisis. I also told him I am proud to have the opportunity to pay about the efforts going on in my home district OF MAINE tribute to the following Women of L/A here in IN THE HOUSE OF REPRESENTATIVES of San Jose to help coordinate relief efforts. the House of Representatives. The Honorees Although the situation needs much attention, Wednesday, March 21, 2001 are Marie-Paule Badeau, Wendy Jean the most important thing to remember is that Mr. BALDACCI. Mr. Speaker, I rise today to Beaucage, Kathryn Beaule, Kim Blake, Sue there is hope. I have seen, with my own eyes, call my colleague’s attention to a dinner being Bowie, Rachael Caron, Joy Carter, Sonja the ability of El Salvadorans to persevere— held next week in the Lewiston/Auburn com- Christiansen, Betty DeCoster, Kayt and with the efforts of the good people in the munities of Maine. The event, ‘‘Celebrating the Demerchant, Lorraine Gosselin, Sandra Hinds, United States, we must and will help the peo- Women of L/A,’’ will honor women who have Melissa Holt, Pat Landean, Cathy Levesque, ple of El Salvador pull through this trying time. touched the lives of others in their commu- Marty McIntyre, Debbie McLean, Kathleen Again, I strongly urge that we expedite our ef- nities. Noel King, Beverly Ouellette, Cecelia Palange/ forts to bring relief to the people of El Sal- For decades, the women of Lewiston and Sister Mary Vincent, Therese Parent, Joline vador. Richard, Alta Rogers, Doris Roy, Therese Auburn—like those throughout Maine, the na- f tion and the world—have raised children, Samson-Blais, Dale Sherburne, Lise Smith, served as caregivers, worked inside and out- Marguerite Stapleton, Jess Whitaker, and Ja- WOMEN’S HISTORY MONTH side the home, and volunteered their time and nette Wing. talents. They have maintained a strong and These 30 women are all extremely deserv- HON. ADAM SCHIFF quiet foundation for our families that has nour- ing of this recognition, and I congratulate them OF CALIFORNIA ished us all. The celebration will recognize all as they are recognized for their efforts in the IN THE HOUSE OF REPRESENTATIVES that women bring to families and our commu- home, in the workplace and in the community. Wednesday, March 21, 2001 nity. I know that they are also representative of Those submitting nominations were asked many other women throughout the commu- Mr. SCHIFF. Mr. Speaker, March is Wom- to briefly describe what it was about the nomi- nities and as we honor them, we also look en’s History Month and I would like to take nee that made her such a special and impor- around at the many other women who have this opportunity to honor Stacey Murphy, an tant part of the community. Here are a few ex- made positive differences in L/A. I offer my elected City Council-member of the City of amples: thanks and best wishes to all the women of L/ Burbank, California, as 2001 Woman of the She has a remarkable zest for life and a A for making Lewiston and Auburn such a Year for California’s 27th Congressional Dis- strong compassion for people who are less strong and vibrant community. trict.

VerDate jul 14 2003 20:57 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR01\E21MR1.000 E21MR1 March 21, 2001 EXTENSIONS OF REMARKS 4237 Ms. Murphy, who served a term as Mayor I attribute an internship in his Washington, ANNIVERSARY OF LUIS DAVID from 1999–2000 and Vice Mayor from 1998– D.C. office for piquing my own interest in poli- AND NENITA RODRIGUEZ 1999, has an exemplary record of service to tics. It was 1973, during Vic Veysey’s second her community and has consistently strived to term and the Senate Watergate hearings. It HON. ILEANA ROS-LEHTINEN improve the quality of life in her city. First was an incredible time in American politics. OF FLORIDA elected to the Burbank City Council in 1997, More impressive, though, was how Vic ran his IN THE HOUSE OF REPRESENTATIVES Ms. Murphy has contributed to the success of congressional office: he took time to under- numerous municipal initiatives, including main- stand his constituents, and their problems, and Wednesday, March 21, 2001 taining the city’s electric utility, ensuring de- to do his homework, learning the issues and Ms. ROS-LEHTINEN. Mr. Speaker, I would pendable power at reasonable rates for Bur- knowing how the issues would affect his con- like to take this opportunity to recognize Luis bank’s consumers; completing Burbank’s first stituents. David and Nenita Rodriguez’s emerald wed- lighted field dedicated to the sport of soccer; He is probably best known for his lifelong ding anniversary on March 9th. completing the community theater complex op- commitment to education, youth and democ- They were married in 1946 at Our Lady of erated by the renowned Colony Theater; im- racy. Veysey graduated from Caltech in 1936 Mercedes Church in Havana, Cuba and have plementing the ‘‘Got Wheels’’ youth transpor- with a Bachelor of Arts in Civil Engineering worked together to raise a family, accomplish tation program; approving the construction of a and from the University of Harvard Business careers, and now enjoy all the rewards of their new Buena Vista library; and seeking to pro- School in 1938 with a MBA in Industrial Man- labors together. tect Burbank’s residents from the adverse im- agement. The next natural course was to They have been blessed with one son, Luis pacts caused by the Burbank Airport. As a teach, which Vic did for 11 years at Caltech David II, and two grandchildren, Luis David III representative of the citizens of Burbank, Ms. and Stanford. At Caltech, he worked on dif- and Luisa Margarita, who fill their lives with Murphy has been a force for finding common ferent rocket projects during World War II and joy. ground on the issues and challenges con- aspects of the atomic bomb, Project Camel. Mr. Rodriguez attributes the success of his fronting the city. Vic Veysey then returned to his roots and marriage to his wife, who has always sup- Prior to her election to the City Council, Ms. began his political career—running and win- ported him in decisions impacting their lives, Murphy served as a member of the Magnolia ning a seat on the Brawley School Board, encouraged him to reach goals he aimed for, Park Citizens Advisory Committee, the City of where he was instrumental and a founding and is steadfast in her devotion to her family. Burbank Park and Recreation Board, her local trustee in establishing the Imperial Valley Col- Because a successful marriage is a joint ef- School Site Council, the Roosevelt Elementary lege. In 1962, Vic was elected to the California fort, both Mr. and Mrs. Rodriguez have con- PTA and the Gate Advisory Committee. She State Assembly, where he served four terms tributed as much to reach this joyous celebra- has also brought leadership to the regional (1962–1971). My colleague, Mr. LEWIS of Cali- tion. level, serving as a board member of the San fornia had the honor to work with Vic Veysey I want to join their family and friends in con- Fernando Valley Transit Zone and as a rep- during his assembly days, before they were gratulating them on their emerald wedding an- resentative to the Southern California Associa- both elected to the U.S. House of Representa- niversary and sincere wishes for many more tion of Governments. tives. anniversaries. Born on May 12, 1958 in Los Angeles, Cali- After leaving Congress, Vic Veysey served f fornia, Ms. Murphy graduated from Hollywood as assistant secretary of the Army during the HONORING THE BIRTH OF PEYTON High School in 1976 and attended California Ford Administration. His love of education re- MARGARET GORDON State University, Northridge. A Burbank resi- mained, however, and he returned to Cali- dent for the past 17 years, Ms. Murphy is the fornia to assume the directorship of Caltech’s proud mother of Sean, age 16, Robert, age Industrial Relations Center, becoming a direc- HON. BOB CLEMENT 14, and Connor, age 8. tor emeritus for the Industrial Relations OF TENNESSEE As Burbank Mayor Bill Wiggins has said, Departent upon his retirement. IN THE HOUSE OF REPRESENTATIVES ‘‘Stacey Murphy does a great job of bringing Vic is survived by his wife of 60 years, Wednesday, March 21, 2001 opposing sides together and coming up with Janet, three sons, a daughter, nine grand- Mr. CLEMENT. Mr. Speaker, I rise today to creative solutions that ensure everyone has children and five great-grandchildren. been treated fairly.’’ I am proud to name congratulate my friend and colleague the Hon- Mr. Speaker, looking back at Vic’s life, we Stacey Murphy as 2001 Woman of the Year orable BART GORDON on the birth this morning see a life dedicated to public service and edu- for California’s 27th Congressional District. of his first child, Peyton Margaret Gordon. cation. An American whose gifts to the Impe- f BART and his lovely wife, Leslie, are truly rial Valley and California led to the betterment blessed with the birth of this beautiful little girl, TRIBUTE TO VICTOR ‘‘VIC’’ V. of those who had the privilege to come in con- who came into this world at a healthy 6 VEYSEY tact or work with Vic. Honoring his memory is pounds, 12 ounces, and 18 inches. As a fa- the least that we can do today for all that he ther myself, I know what this day means to gave over his 85 years of life. HON. KEN CALVERT BART. OF CALIFORNIA I wish him and Leslie the best and hope the f IN THE HOUSE OF REPRESENTATIVES rest of their days are as full of love and joy as this day has been. Wednesday, March 21, 2001 PERSONAL EXPLANATION f Mr. CALVERT. Mr. Speaker, I join today with my colleagues, Congressmen JERRY HON. TODD TIAHRT WOMEN’S HISTORY MONTH LEWIS, DUNCAN HUNTER and DAVID DREIER, to OF KANSAS pay tribute to a most wonderful person, former IN THE HOUSE OF REPRESENTATIVES HON. MELISSA HART Member of Congress, friend and great Amer- Wednesday, March 21, 2001 OF PENNSYLVANIA ican—Victor ‘‘Vic’’ V. Veysey—who passed IN THE HOUSE OF REPRESENTATIVES away at 85 last month. Mr. TIAHRT. Mr. Speaker, on March 20th, I Calvin Coolidge, America’s 13th President, was unavoidably detained and missed rollcall Wednesday, March 21, 2001 once said, ‘‘No person was ever honored for votes numbered 51 and 52. Rollcall vote 51 Ms. HART. Mr. Speaker, Susan B. Anthony what he received; honor has been the reward was on passage of H. Res. 67, recognizing once said that she prayed every moment of for what he gave.’’ and Vic Veysey gave much the impact tuberculosis has on minority popu- her life. Not on her knees, but in her work. during his years of public service and teach- lations and the need to combat it on a world- She said that she prayed to bring women to ing. wide basis. Rollcall vote 52 was on passage an equal standing with men. It is this sense of A member of the House of Representatives of H. Con. Res. 41, expressing sympathy for equality and justice that we celebrate during from 1971 to 1975, Vic Veysey made a great the victims of the El Salvadoran earthquakes. Women’s History Month every March. As im- impact in a short amount of time upon the Im- Had I been present I would have voted ‘‘yea’’ portant as it is to recognize the courage and perial Valley, California and the nation. In fact, on both H. Res. 67 and H. Con. Res. 41. vision of women’s past accomplishments, it is

VerDate jul 14 2003 20:57 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR01\E21MR1.000 E21MR1 4238 EXTENSIONS OF REMARKS March 21, 2001 even more important to take our cue from ety, the incidences of school shootings. I are not negotiable. And they need all of those pioneers and act to alleviate some of would like to call the attention of my col- these things while being taught under a for- the injustices that still take place. One such in- leagues to the following article by Mr. John giving umbrella of love. Then, and only then, will America be attacking the heart of the justice is the continuing problem of domestic Telfer, which appeared in the Midland Daily problem. violence. News on Sunday, March 11, 2001. He offers Studies have shown that each year, more great and truthful insight into the appalling so- f than 2 million women are assaulted by their cial problem of school shootings. He correctly TRIBUTE TO LIEUTENANT COLO- partner—while the real number may be twice writes that the answer is not more unneces- NEL RICHARD P. MCFARLAND that. I do support efforts to counsel and sary gun laws, but rather we must find a solu- UNITED STATES AIR FORCE ON change abusers. Many abusers have been tion that addresses the moral breakdown in THE OCCASION OF HIS RETIRE- able to change their attitudes and behavior to- our society. He truly writes about ‘‘The Heart MENT wards their partners and keep their families to- of the Matter.’’ gether. Unfortunately, many have not, and the THE HEART OF THE MATTER HON. JOHN E. PETERSON women, despite the threat to themselves and (By John Telfer) OF PENNSYLVANIA their children, stay in these abusive relation- President Bush, in the aftermath of the ships. According to the National Coalition latest school shooting, did not make a new IN THE HOUSE OF REPRESENTATIVES Against Domestic Violence, one of the major call for gun control when commenting on the Wednesday, March 21, 2001 reasons women stay in them is a lack of re- tragedy. Instead, he focused on the heart of sources or fear of independence—a sense the matter. ‘‘All adults in society can teach Mr. PETERSON of Pennsylvania. Mr. that there is nowhere else for them to go, and children right from wrong, can explain that Speaker, I rise today to pay tribute to Lieuten- there is nowhere for them to get help. They life is precious,’’ he said. ant Colonel Richard P. McFarland as he pre- believe that if they leave their partners, they The media seemed almost disappointed. pares to culminate his active duty career in The last line of an Associated Press story the United States Air Force. Rich is the epit- will be forced into poverty and unable to pro- read: President Clinton used a rash of school vide for their children. ome of an outstanding officer and leader. shootings during his term to call for stiffer Lieutenant Colonel McFarland received his Strong women fought to break all women gun control laws. Bush did not mention the free from the shackles of being second-class issue. commission more than 20 years ago from the citizens those many years ago. We vote, we Thank goodness. It is time for America to United States Air Force Academy. A graduate work, and we succeed on our own. But too stop trying to use Band-Aid fixes to solve of Auburn University, as well as the Air War many still need help to enjoy this freedom problems of the heart. Instead of seeking College, Rich McFarland has met the many completely. One of the most impressive pro- more gun control, we should be asking why challenges of military service as an Air Force some of our children think it is OK to kill grams that I have come across in my years in Officer, and has faithfully served his country in people they dislike. a variety of command and staff assignments. public service that addresses these concerns Let that sink in a moment. Some of our is New Choices/New Options. This program children think it is OK to shoot a person who Rich concludes his career as the Special provides these new heads-of-household with has hurt them. That’s a gun control issue? Assistant for Space, C3I and Intelligence in the skills necessary to compete in today’s We need to face the facts as a nation that the Office of the Assistant Secretary of De- marketplace. It is a program focused on pro- these kids no longer believe the command- fense for Legislative Affairs; he was instru- viding assistance for displaced homemakers. ment ‘‘thou shall not kill’’ applies to them. mental in advising the Defense Department They have come up with their own definition leadership on a broad range of national secu- What is most notable about this program is of reality and it has nothing to do with what that in addition to teaching career develop- rity issues of immediate interest to Congress. most people would deem morally correct. Rich’s extensive knowledge of intelligence ment skills, it helps to instill a new sense of A radio commentator the other day said self-confidence in the women who participate we shouldn’t be surprised by the violent ac- matters and space operations are instrumental in this program. Many women who come from tions of some young people. Every day they in his role as the chief advisor to the Secretary abusive relationships not only need job train- live in a world that encourages them to come of Defense, Deputy Secretary of Defense and ing, but perhaps more importantly, they need up with their own definitions of right and other Department of Defense Officials regard- the tools to help rebuild their lives—they need wrong, from sexual promiscuity to illegal ing national security strategy issues. drug, alcohol and tobacco use to underage us to help them become pioneers for their chil- Mr. Speaker, service and dedication to duty viewing of violent R-rated movies and more. have been the hallmarks of Lieutenant Colonel dren’s futures. We encourage young people to come up Participants work one-on-one and in group with their own solutions to problems in McFarland’s career. He has served our nation settings to assess their needs and then design school and life, often telling them there is no and the Air Force well during his years of a plan to help meet these needs. They learn wrong answer. We don’t want to place limits service, and we are indebted for his many conflict resolution techniques and develop ef- on their answers—that might stifle cre- contributions and sacrifices in the defense of fective decision-making skills. This program ativity. We expose them to images, concepts the United States. I am sure that everyone helps participants build a safe and secure fu- and viewpoints that require maturity to un- who has worked with Rich joins me in wishing derstand. We expect them to make good ture for themselves and their families. It is so him and his wife, Anne, health, happiness, choices. and success in the years to come. crucial that these women break this new But in giving them all this freedom to ground like their sisters before them so they choose, some kids are having a hard time fig- f can break the cycle of domestic violence. uring out where the boundary line is between THE CLEAR YOUR GOOD NAME Domestic violence is a societal ill that can acceptable and unacceptable behavior. The ACT occur at any time, to anyone. Let us confront fact is our children need boundaries. They this issue head on, so that during some future need rules. They need to know there are celebration of Women’s History Month, some- many incorrect solutions to the problems HON. JERROLD NADLER they are encountering. They need to be OF NEW YORK one can take to this very floor and commemo- taught what is right and what is wrong and rate the end of domestic violence. they need it pounded in their heads over and IN THE HOUSE OF REPRESENTATIVES f over and over again until you are so sick of Wednesday, March 21, 2001 doing it you are ready to throw in the towel SCHOOL SHOOTINGS PLAGUING as a parent. And then they need it again. Mr. NADLER. Mr. Speaker, according to the OUR SOCIETY It’s time for America to quit asking ‘‘why’’ Source of Criminal Justice Statistics, there these shootings keep happening. We know were more than 10 million arrests in 1999 that answer. These kids have sick hearts. alone. Many of these arrests led to criminal HON. DAVE CAMP And they don’t know the morally correct OF MICHIGAN convictions and helped make our streets and way to deal with the problems they are fac- communities safer. The men and women of IN THE HOUSE OF REPRESENTATIVES ing. law enforcement play a critical role in enforc- Wednesday, March 21, 2001 Our kids need to be taught right from wrong. They need to have boundaries they ing our laws and creating a just society. We Mr. CAMP. Mr. Speaker, I rise to discuss a cannot cross without facing consequences. owe them all a debt of gratitude for their serv- tragic and horrible situation plaguing our soci- They need to know some values and beliefs ice.

VerDate jul 14 2003 20:57 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR01\E21MR1.000 E21MR1 March 21, 2001 EXTENSIONS OF REMARKS 4239 However, as any police officer will tell you, cer determined that indeed he was not the ise. The environment, and the human commu- sometimes someone is arrested who is not person they were looking for, and he was re- nities around the world that will be harmed by guilty of any crime. It could be a case of mis- leased after he gave the police his name and climate change, will suffer the consequences. taken identity or of someone being in the address. He was unaware that the encounter Instead of encouraging the U.S. to reduce wrong place at the wrong time. Perhaps generated what is called a voided arrest our dependence on the fossil fuels that cause someone falsely accused an innocent person record. Years later when he applied for a job global warming, by using energy more effi- or simply lied to the police. When the mistake at the police department, he told them—what ciently or false accusation is discovered, the innocent he believed to be true—that he was never ar- The Administration has made drilling in the person is free to go, but the record of the arrested. Unfortunately, the voided record had Arctic National Wildlife Refuge the centerpiece rest can haunt him or her for the rest of his or not been expunged, and the police found the of their energy policy. They say we need oil her life. record and accused him of not being truthful. from the Refuge to reduce our dependence on Today, we are announcing the introduction The case of mistaken identity had come back foreign oil. They even point to the electricity of the Clear Your Good Name Act, which to haunt him, and he was not allowed to be- shortages in California as a reason to drill for would require the expungement of voided ar- come a police officer. He was never aware oil in the Refuge. But oil is used to generate rest records in order to clear the names of in- that he was arrested, so he then began less than one percent of California’s electricity, nocent people. searching for the reason for the record. After truly a negligible amount. The bill defines a ‘‘voided arrest’’ as any ar- he investigated his case and discovered what Not only would oil from the Refuge do noth- rest followed by the release of the person had happened, he found that there was no law ing to help California, but it would also do very without the filing of formal charges, by dis- to provide for the expungement of voided ar- little to increase America’s energy supply. missal of proceedings against the person arrest records, even if the person was com- Over the next half century, the coastal plain of rested, or by a determination that the arrest pletely innocent of all charges. After a lengthy the Refuge would contribute less than 1 per- was without probable cause. The bill would re- battle over several years he was finally able to cent of the oil consumed in the U.S. quire expungement of voided Federal arrest explain the situation to the police department. The Administration is using the energy crisis records and would provide a financial incen- The police department has since realized that to score victories against the environment, tive to States to provide for expungement of it was in error and will allow him to become a both on climate change and drilling in the Arc- voided State records. Some States have en- police officer. Unfortunately, not everyone is tic Refuge. If they can roll over environmental acted laws requiring the expungement of void- as capable as Lt. Gomez, and many people protection in these areas, none of our environ- ed arrest records, and we want to encourage are unfairly harmed by voided arrest records mental laws and regulations will be safe from other States to follow their lead. This bill would that are never expunged. Thus the need for attack. I call on President Bush to stand up for the make States with expungement statutes eligi- this bill. ble to receive a 10-percent increase in crime I am hopeful that with a strong coalition American people and the environment. We control funding. Specifically, it would increase working together we can pass this legislation must move quickly to counter global warm- the Edward Byrne Memorial State and Local and enable innocent people to clear their good ing—our future depends upon it. Law Enforcement Assistance programs. For names and go about their lives free from the f 2001, Congress appropriated $569 million for harmful effects of a mistaken arrest. CELEBRATING GREEK these programs. If every State passed an f INDEPENDENCE DAY expungement law, the cost would be $56 million. These funds are used to reduce drug de- ENERGY AND GLOBAL WARMING SPEECH OF mand, improve effectiveness of law enforcement operations, and assist citizens in pre- HON. BENJAMIN A. GILMAN HON. NANCY PELOSI OF NEW YORK venting crime. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES When people are mistakenly arrested and IN THE HOUSE OF REPRESENTATIVES then released after it is determined that they Tuesday, March 20, 2001 Wednesday, March 21, 2001 are innocent, they should not have to carry the Mr. GILMAN. Madam Speaker, I am burden of the mistaken arrest with them for Ms. PELOSI. Mr. Speaker, I rise to express pleased to rise in support of the celebration of the rest of their lives. We know that arrest my deep concern about the direction President Greek independence, and I thank our col- records can prejudice opportunities for school- Bush is taking on energy and global warming. leagues, the gentleman from Florida (Mr. BILI- ing, employment, professional licenses, and The overwhelming majority of climate sci- RAKIS) and the gentlelady from New York (Mrs. housing. But innocent individuals who have entists agree that the earth’s atmosphere is MALONEY), for reminding us of the important done nothing wrong should not be marked for warming, and human activities, especially role Greece has played in the past and plays life. combustion of fossil fuels, are contributing to now. Lt. Manny Gomez is a perfect example of the warming trend. It is important that we join together to cele- how an innocent person with a voided arrest Robert Watson, chairman of the Intergov- brate the 180th anniversary of Greek inde- record was unfairly denied access to a job. ernmental Panel on Climate Change, has said, pendence and to pay tribute to a nation which Before I tell his story I want to say a few ‘‘We see changes in climate, we believe hu- is considered the birthplace of democracy. words about Lt. Gomez. He came to my office mans are involved, and we’re projecting future Lest we forget, the world owes a great deal to two years ago to inform me of this problem, climate changes much more significant over the nation that first developed the concept of and has worked diligently with my staff and the next 100 years than over the last 100 majority rule, a concept that is at the very with other Members of the House and Senate years.’’ heart of our own institutions. to correct an injustice. He has been called ‘‘te- Coastal areas, such as my district of San In 1821, Greek patriots rose up against the nacious’’ by the NY Daily News, and has been Francisco, will face serious challenges from Ottomans, who for nearly 400 years had cur- profiled in the New York Times. He has global warming. Sea levels are rising both be- tailed their basic civil rights. The struggle of worked with the NY City Council and with the cause ice sheets are melting and because the the Greek patriots won the support of many in NY State Assembly to pass expungement leg- ocean is expanding as it absorbs heat from Western Europe and in the United States. The islation. He is an example of a crusader who the atmosphere. The projections for the rise in French, the British, and the Russian govern- stays focused, works hard, and demands re- sea level between 1990 and 2100 range from ments, strongly identifying with the descend- sults. We are lucky to have him as a cham- a low of 3.54 inches to a high of 34.64 ants of a nation that had so strongly influ- pion of this cause. inches—close to three feet. enced Western civilization, intervened on be- This is his story. In 1995, Lt. Gomez, two President Bush says, ‘‘My Administration half of the Greeks, forcing the Ottoman Em- army duffel bags by his side, was approached takes the issue of global climate change very pire to recognize Greece as an independent by police officers in the train station because seriously.’’ During his campaign, he pledged to state in 1829. he happened to fit the description of someone reduce emissions from electric utilities, includ- Our nation has greatly benefited from the they were looking for. He told them he was ing carbon dioxide. Last week, responding to contributions of Greek immigrants who have not the person, but he went voluntarily to the a concerted campaign from the electric utility substantially contributed their toil, their knowl- police station. Within five minutes another offi- and fossil fuel industries, he broke that prom- edge and their skills to our American society.

VerDate jul 14 2003 20:57 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR01\E21MR1.000 E21MR1 4240 EXTENSIONS OF REMARKS March 21, 2001 We have been blessed with a strong, vibrant CELEBRATING GREEK gion or belief. Over the last ten years, the Eu- Greek-American community who have signifi- INDEPENDENCE DAY ropean Court of Human Rights has issued cantly contributed to our culture, our pros- more than a dozen judgments against Greece SPEECH OF perity, and who have deeply embraced the for violating Article 9 (pertaining to Freedom of ideals of Democracy. HON. CHRISTOPHER H. SMITH Thought, Conscience and Religion) of the Eu- Greece has been an island of peace and OF NEW JERSEY ropean Convention on Human Rights. security in a sea of troubles which have em- IN THE HOUSE OF REPRESENTATIVES braced the Balkans, and today plays an impor- One positive development was the decision Tuesday, March 20, 2001 tant role in assisting in our efforts to bring made last summer to remove from the state- peace and security to the entire region. With Mr. SMITH of New Jersey. Madam Speaker, issued national identity cards the notation of regard to Cyprus, Greece is still in the process 180 years ago the Greek people rose against one’s religious affiliation. In May 2000, Min- of trying to reconcile the 27-year occupation of the Ottoman Empire to free themselves from ister of Justice Professor Mihalis Stathopoulos that Island by the Turkish army. oppression and to reestablish not only a free publicly recognized that this practice violated and independent state, but a country that Thousands of Greeks fought and died for Greece’s own Law on the Protection of Per- would eventually regain her ancient status as their independence in the same fashion that sonal Data passed in 1997. The decision fol- America’s founders fought and died. As a democracy. In congratulating the people of Greece on the anniversary of their revolution, lowed a binding ruling made by the relevant Greece prepares to welcome the world to the Independent Authority which asked the state Athens Olympics in 2003, let us join in cele- I join in recognizing the distinction earned by to remove religion as well as other personal brating this very special Greek Independence Greece as the birthplace of democracy and Day, and let us hope and pray that we can her special relationship with the United States data (fingerprints, citizenship, spouse’s name, soon celebrate peace and reunification on Cy- in our fight together against Nazism, com- and profession) from the identity cards. This prus. munism and other aggression in the last cen- has long been a pending human rights con- tury alone. Yes, democrats around the world cern and an issue raised in a hearing on reli- f should recognize and celebrate this day to- gious freedom held by the Commission on Se- gether with Greece to reaffirm our common curity and Cooperation in Europe (which I Co- VIOLENCE AGAINST WOMEN democratic heritage. Chair) in September 1996. Yet, Mr. Speaker, while the ancient Greeks HON. JANE HARMAN forged the notion of democracy, and many I am pleased to note that Greece has ac- Greeks of the last century fought to regain de- knowledged in its most recent report to the UN OF CALIFORNIA mocracy, careful analyses of the political and CERD that the problems faced by the Roma IN THE HOUSE OF REPRESENTATIVES basic human freedoms climate in today’s community (which has been a part of Greek Wednesday, March 21, 2001 Greece paint a sobering picture of how funda- society for more than 400 years), migrant mental and precious freedoms are treated. Ms. HARMAN. Mr. Speaker, during Wom- workers and refugees are ‘‘at the core of the Taking a look at the issues which have concern of the authorities.’’ The recognition en’s History Month, I would like to highlight been raised in the Organization for Security that issues which need attention is always the one of the cruelest and most widespread and Cooperation in Europe (OSCE) Human forms of violence: violence against women. In Dimension Review Meetings and will be con- first step necessary to addressing the prob- 1999, there were over 59,000 domestic vio- sidered over the next week at the United Na- lem. The Commission has received many re- lence calls for assistance in Los Angeles tions Committee on the Elimination of All ports regarding the Roma community in County—755 in my district alone. And those Forms of Racial Discrimination (CERD), a few Greece, including disturbing accounts of per- are just the women who call. of the most critical human dimension concerns vasive discrimination in employment, housing, I am taking this opportunity to mention two about contemporary Greece affect the free- education, and access to social services, in- shelters located in my district. Rainbow Serv- dom of expression, the freedom of religious cluding health care. With a very high illiteracy ices, a shelter in San Pedro, California, was belief and practice, and protection from dis- rate, this segment of Greek society is particu- the first shelter to establish an emergency re- crimination. sponse program in Los Angeles County for larly vulnerable to abuse by local officials, in- Legal restrictions on free speech remain on cluding reports of Roma being denied registra- battered women and children. Rainbow Serv- the books, and those convicted have typically tion for voting or identity cards that in turn pre- ices provides resources and guidance that been allowed to pay a fine instead of going to help battered women end abuse. Women at jail. In recent years, though, Greek journalists vents them from gaining access to govern- the shelter are given help obtaining a restrain- and others have been imprisoned based on ment-provided services. Particularly alarming ing order and there is a large network of al- statements made in the press. This was noted are incidents such as the forced eviction of an most 20 weekly peer support groups. As im- in the most recent Country Report on Human estimated 100 families by order of the mayor portant, all services are offered in Spanish, al- Rights Practices prepared by the Department of Ano Liossia and the bulldozing of their lowing access for more women to seek help. of State. The International Press Institute has makeshift housing in July of 2000. Similar inci- A second shelter, the 1736 Family Crisis also criticized the frequent criminal charges dents have occurred in recent years in Agia Center in Hermosa Beach, also offers unique against journalists in cases of libel and defa- Paraskevi, Kriti, Trikala, Nea Koi, and and important help. The Center aids women mation. Evosmos. and children who need to use emergency Religious freedom for everyone living in services by allowing them to stay one month Greece is not guaranteed by the Greek Con- Our Founding Fathers relied heavily on the with confidential shelter. Second Step Shelters stitution and is violated by other laws which political and philosophical experience of the also provide transitional abuse counseling and are often used against adherents of minority ancient Greeks, and Thomas Jefferson even offer independent living skills training, which or non-traditional faiths. Especially onerous called ancient Greece ‘‘the light which led our- allows women to become self-sufficient after are the provisions of Greek law which prohibit selves out of Gothic darkness.’’ As an ally and their time at the shelter. the freedom of religious a fellow participating State of the OSCE, we Mr. Speaker, violence against women is still These statutes have a chilling impact on re- have the right and obligation to encourage im- an epidemic in this country. It is my hope this ligious liberty in the Hellenic Republic and are plementation of the commitments our respec- important issue continues to receive govern- inconsistent with numerous OSCE commit- tive governments have made with full con- ment attention. Shelters, like those in my dis- ments which, among other things, commit sensus. I have appreciated very much and ap- trict, must receive the necessary resources so Greece to take effective measures to prevent all women in need have access to a safe and and eliminate religious discrimination against plaud the willingness of the Government of confidential home. We cannot ignore this individuals or communities; allow religious or- Greece to maintain a dialogue on human di- issue, or sweep it under the rug. Only con- ganizations to prepare and distribute religious mension matters within the OSCE. We must stant vigilance and providing women with tools materials; ensure the right to freedom of ex- continue our striving together to ensure that all and knowledge will be successful in ending pression and the right to change one’s religion citizens enjoy their fundamental human rights the cycle of domestic violence. or belief and freedom to manifest one’s reli- and freedoms without distinction.

VerDate jul 14 2003 20:57 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR01\E21MR1.000 E21MR1 March 21, 2001 EXTENSIONS OF REMARKS 4241 RAILROAD RETIREMENT AND SUR- education and training, advocacy and public tient care was done either at the patient’s VIVORS IMPROVEMENT ACT OF awareness programs. home or in the doctor’s office. It was not un- 2001 Valuable PCA–NJ programs include the usual for Doctor Bill to spend most of his day Parent Linking Project, which provides com- making house calls and treating patients. He HON. NICK J. RAHALL II prehensive services to teen parents and their had a bedside manner with his patients that OF WEST VIRGINIA children at school; Healthy Families, under truly reflected his love and concern for their IN THE HOUSE OF REPRESENTATIVES which intensive, home visitation services are well-being. Because of his caring attitude, provided to overburdened parents of Doctor Bill endeared himself to all the resi- Wednesday, March 21, 2001 newborns; Every Person Influences Children, dents of Forest and Scott County that lasted Mr. RAHALL. Mr. Speaker, I am pleased to which sponsors parent education workshops until his final day of life. During his medical ca- join my colleagues on the Committee on for parents and training for teachers to incor- reer, Doctor Bill delivered more than 3500 ba- Transportation and Infrastructure in introducing porate life skills and character education into bies, most of whom were born at home. the ‘‘Railroad Retirement and Survivors’ Im- daily curricula, and the Adolescent Pregnancy Doctor Bill served as the first president of provement Act of 2001’’ today. Prevention Initiative, which undertakes case the Mississippi Chapter of the Battle of the In the Third District of West Virginia, we management and counseling programs for Bulge Veterans. It was he who stepped for- have 8,300 citizens who will benefit from this teens to build self esteem and help them ward in 1994 to provide the leadership to form bill, which ranks southern West Virginia sev- make healthy choices. the state’s first Battle of the Bulge Veterans enth in the United States. In addition to the Blue Ribbon Campaign, group and helped organize the inaugural The bill we are introducing today will double PCA–NJ also sponsors many public education meeting of the group in Forest. He was a benefits for widows of railroad retirees, reduce and community awareness efforts, including a member of the Forest United Methodist the retirement age from 62 to 60 years of age speakers’ bureau, loaned materials under the Church and was an ardent Mississippi State with 30 years of service, and allow a person New Jersey Parenting Education Resource University supporter. He was also a member to be vested in the system after five years of Center (PERC); and a web site and 800 num- and past president of the Central Medical So- service, rather than 10 years, as currently re- ber for information and other resources. ciety. Doctor Bill was active in civic affairs and quired. Mr. Speaker, in New Jersey, each year, he and his wife were honored as Forest’s No taxpayers’ dollars will be used to finance over 80,000 calls are made to the N.J. Divi- ‘‘Citizens of the Year’’ and named grand mar- these railroad retirement benefits, which are sion of Youth and Family Services by con- shals of the Christmas Parade in 1984. paid by employer and employee taxes. cerned citizens and professionals reporting Doctor David Lee, a medical colleague of This bill includes the exact provisions of suspected child abuse and neglect. This figure Doctor Bill said that ‘‘he was one of the best H.R. 4844, which I helped to write last year, for just one state gives us an idea of the ex- general practitioners I’ve known. He was one and which passed the House by an over- tent of this shameful problem in our country— of the most dedicated doctor I’ve been associ- whelming vote of 391–25 on September 7, the most advanced, educated and prosperous ated with.’’ Doctor Howard Clark, a physician 2000. However, the Senate did not act on the nation in the world. It is my hope that drawing from Morton, Mississippi said both Doctor Bill bill. attention to this problem, as we are doing in and his father were wonderful doctors stating, The bill is a product of two years of negotia- New Jersey and around the country with the ‘‘They were down-to-earth, ethical, people lov- tion between management of the railroad in- Blue Ribbon Campaign, will eventually and ing doctors.’’ Sid Salter, editor of the Scott dustry and railroad workers. As last year’s dramatically reduce the incidence of child County Times said, ‘‘Doctor Bill died as he vote demonstrates, the bill has strong bi-par- abuse.] lived—a well loved and respected man. He did tisan support. I will work to bring the bill to the f not talk patriotism, he lived it. He did not talk House floor for a vote, and I expect to see the of healing. He used his head, heart and hands same strong support as last year. HONORING THE LATE DOCTOR to bring it about in his fellow man regardless Once this bill becomes law, it will enable JESSE W. AUSTIN of their race, creed, color, or economic status. railroad retirees and widows to enjoy a better He did not speak of his service to mankind. quality of life, by receiving the increased bene- HON. CHARLES W. ‘‘CHIP’’ PICKERING He simply rendered it day by day.’’ fits which they deserve. They spent their work- OF MISSISSIPPI Doctor Bill is survived by his wife Opal, ing lives paying into their retirement and they IN THE HOUSE OF REPRESENTATIVES daughters Sue Thigpen and Judy Webb, sons deserve to reap decent benefits. Wednesday, March 21, 2001 J. W. ‘‘Ace’’ Richard and Terry, their husband f and wives, 14 grandchildren, 1 great grand- Mr. PICKERING. Mr. Speaker, I rise today child, and many nieces and nephews. Doctor PREVENT CHILD ABUSE—N.J. to pay tribute to the late Doctor Jesse W. Aus- Bill was a great man. He loved the Lord, his APRIL BLUE RIBBON CAMPAIGN tin, Sr., a constituent of mine who passed family, his friends, his country, his state, and away on Monday, February 12, 2001, at his by all means Forest and Scott County. He HON. FRANK PALLONE, JR. residence in Forest, Mississippi. Dr. Austin, af- served others to the best of his ability. It is my OF NEW JERSEY fectionately known as ‘‘Doctor Bill’’, was 84 honor to pay tribute and express my apprecia- IN THE HOUSE OF REPRESENTATIVES years of age at the time of his death and had tion and that of the 3rd Congressional District been a practicing physician in the City of For- Wednesday, March 21, 2001 of Mississippi for his life of service and con- est and Scott County for more than 39 years. tributions to the betterment of our nation and Mr. PALLONE. Mr. Speaker, I would like to Doctor Bill was born in Osyka, Mississippi in all mankind. 1916 but moved to Forest in 1924. He grad- remind my colleagues that the month of April f is Child Abuse Prevention Month. Throughout uated from Forest High School in 1934, Mis- the month, thousands and perhaps millions of sissippi State University in 1938, and Tulane SUN CHRONICLE IS RIGHT ON THE individuals from around the country who are Medical School in 1942. Shortly after grad- MONEY REGARDING NURSING working to reduce child abuse will be wearing uating from Tulane, Doctor Bill entered the HOMES blue ribbons to draw attention to this monu- United States Army and served with the U.S. mental national concern. 3rd Army in Europe as a Battalion Surgeon. HON. BARNEY FRANK Prevent Child Abuse—New Jersey is under- He participated in 5 major battles which began OF MASSACHUSETTS taking the blue ribbon campaign in my state with the Normandy Invasion and ended in IN THE HOUSE OF REPRESENTATIVES with a kickoff event on March 28. Yugoslavia on VE Day. Doctor Bill’s service This organization serves as a national decorations included the Silver Star, two Wednesday, March 21, 2001 model for how a statewide group can make a Bronze Stars, and the Purple Heart. At the Mr. FRANK. Mr. Speaker, on Saturday, difference in combatting a serious social prob- Battle of the Bulge, he was known as the March 10, an editorial in the Sun Chronicle, lem. ‘‘Battling Surgeon.’’ published in Attleboro, Massachusetts, accu- By establishing local partnerships, PCA–NJ Upon returning from Service in 1945, Doctor rately analyzed one of the major causes for helps communities, strengthens families and Bill began his medical practice with his father, the difficulties we are facing in providing de- supports parents through parenting programs, Doctor R.B. Austin, II. At that time, most pa- cent nursing home care. As the editorial notes,

VerDate jul 14 2003 20:57 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR01\E21MR1.000 E21MR1 4242 EXTENSIONS OF REMARKS March 21, 2001 ‘‘the main problem can be traced back the Obviously, the state tax cut and the com- and numerous partner businesses and local Balanced Budget Act of 1997.’’ As the Sun ing federal tax cut will increase competition universities a tangible connection to the Chronicle editorial writers note, today, ‘‘pa- for funding but they should not prevent it. frontier of space. The sorry picture of nursing home care The NASA Glenn Campus is a labyrinth of tients sit neglected in nursing homes, today can be improved. The means are there. six wind tunnels and more than 150 build- . . . meanwhile the federal and state govern- What’s needed is the will. ings, along with a beehive of laboratories. ments—both enjoying budget surpluses—pay Since the early 1940s, around the time Amer- f the nursing homes less than it costs to take ica entered World War II, the research facili- care of patients.’’ TRIBUTE TO THE NASA GLENN ties have been central to the development of It is disgraceful in this wealthy nation for us RESEARCH CENTER jet engines that are today the foundation of to allow this situation to continue. We allocate commercial and military aviation. But in far too little of our great wealth to pay the hard HON. DENNIS J. KUCINICH 1961, when President John F. Kennedy set working people who provide essential nursing U.S. sights on the moon, the laboratories OF OHIO also became nurseries for rocket propulsion home services, and the consequence is that IN THE HOUSE OF REPRESENTATIVES in the race to space, notes Donald Campbell, we do not provide these services nearly as director of the Glenn Research Center. well as we should. I was delighted to read this Wednesday, March 21, 2001 Better than any political leader in the forceful, thoughtful, persuasive editorial in the Mr. KUCINICH. Mr. Speaker, I would like to country, Senator Glenn has understood the Sun Chronicle and I ask that it be shared bring to the attention of my colleagues an arti- dividends accrued from public investment in here. cle published in the Continental March 2001 technology. During recent heated debates in Congress over funding for NASA and con- [From the Sun Chronicle, Mar. 10, 2001] magazine that highlights the achievements of cerns about cost overruns that have dogged NURSING HOME NEGLECT IN AN AGE OF the NASA Glenn Research Center over the the space station, it was Glenn who urged SURPLUSES past 60 years. Revolutionary advancements in colleagues to support research and develop- What’s wrong with this picture? aerospace and aviation technologies have ment in emerging technologies. If the United Patients sit neglected in nursing homes, been developed at the NASA Glenn Research States is to maintain a competitive edge wounds soaking through bandages, food Center (GRC), which is located in my congres- over other nations, he argued, it must sus- growing cold before feeding help arrives, sional district in Cleveland, OH. This article tain and nurture institutions like NASA. sheets smelling of urine. Administrators highlights Glenn’s contributions to aviation, Campbell says NASA Glenn channels much can’t fill aide positions and nurses leave for of its research-driven technology into U.S. higher-paying jobs. which include research to create quieter, non- industry, enabling major advances in com- Meanwhile, the federal and state govern- polluting airplanes. In addition, it details the mercial products like jet engines and comments—both enjoying budget surpluses—pay GRC’s work in developing a power system munications satellites. During the 1970s and the nursing homes less than it costs to take used on the International Space Station and 1980s, NASA spent about $200 million on tur- care of patients. how their research is used to improve com- bine engine technologies developed by Glenn This fractured picture is all too real, as the mercial products in the United States. and its commercial partners. In turn, that Sun Chronicle’s Rick Thurmond reported in NASA Glenn Research Center continues to investment yielded billions of dollars in ben- last Sunday’s edition. efits for the U.S. economy, through job cre- The only thing that explains this uncon- play an instrumental role in maintaining our Nation’s leadership in aeronautics and aero- ation and spin-off technologies, including scionable situation is politics—and only poli- the eventual production of the General Elec- tics can fix it. space technology. In the future the center will tric 90 engine—the workhorse of many The main problem can be traced back to continue to make groundbreaking discoveries planes. ‘‘Engine propulsion technology has the Balanced Budget Act of 1997, enacted to that will improve both space travel and life on historically led the development of new gen- counteract federal deficits and eventually Earth. erations of aircraft design, and that shows bring the budget into balance. no signs of changing,’’ says Joe Shaw, chief Thanks to the surging economy, that day [From the Continental, March 2001] of NASA Glenn’s ultraefficient engine tech- arrived far sooner than expected, and now REACHING FOR THE STARS nology program. ‘‘More and more we are see- such a big surplus is projected that a major (By Todd Wilkinson) ing a cross pollination of ideas between the tax cut is supported by both parties. The Medicare cuts in the Balanced Budget On airy moonlit nights, stargazers in the dual missions of NASA—its support of aero- Act, while softened last fall, continue—plac- Northern Hemisphere may notice what ap- nautics for commercial and military pur- ing nursing home companies in an impos- pears to be a glowing white speck making poses and exploration of space.’’ sible position. regular passes through the sky. It’s not a Likewise, the quest to build more powerful The government pays for 80 percent of UFO they are seeing or even the pulses of a and efficient spacecraft reaped incredible nursing home patients. In Massachusetts, meteor shower. That piece of metallic glitter dividends. ‘‘It’s hard to tell what could come Medicaid provides about $130 a day for pa- is actually a massive human stepping-stone out of our space research that will affect our tients, while the costs are about $150. to the cosmos—the new International Space lives on the ground,’’ Shaw says. ‘‘I don’t The result is such low salaries that the Station—orbiting 220 miles above the earth think anybody with the Apollo program homes have difficulty keeping aides and pro- and taking shape as a base camp for the fu- knew it would lead to the proliferation of fessionals alike, with a direct impact on pa- ture exploration of our solar system. personal laptop computers and digital wrist- tient care and comfort. Back on the ground, scientists and bio- watches and microbiological sensors.’’ But even keeping salaries low isn’t doing it medical researchers from the National Aero- Not far off on the horizon, Shaw says, are for nursing homes. A number have closed, in- nautics and Space Administration (NASA) aircraft that will burn dramatically cleaner cluding Sheldonville Nursing Home in are paying special attention to the space sta- fuel, reducing carbon dioxide and nitrogen Wrentham and Van Dora Nursing Home in tion’s evolving construction from labora- oxide emissions that contribute to global Foxboro. One-fourth of the state’s nursing tories located in Cleveland. That’s right, warming and smog. Those same planes will homes face bankruptcy. Cleveland. As in Ohio. The city pressed up boast engines that are barely audible to the Obviously, the answer is money, and the against the southern shore of Lake Erie. human ear on the ground once the planes are money is there. The question is whether it Surprising to many is that quietly over the beyond airport boundaries. Yet the biggest will be a priority. past half-century some of the most revolu- advancement that could arrive in less than a Local congressman James McGovern and tionary advancements in space and aviation generation will be fleets of ‘‘smart air- Barney Frank voted against the Balanced technology have been developed at Lewis planes,’’ whose computer systems adjust en- Budget Act and have fought to restore Medi- Field. The Glenn Research Center here, gines in flight to make them fly more effi- care cuts. We hope the next federal budget, named in honor of the pioneering astronaut ciently. And where commercial flights are drawing on the burgeoning surplus, will do and U.S. senator, John Glenn, is perhaps the concerned, efficiency results in the need for more for a vulnerable elderly population most unsung of NASA’s 10 major campuses. less fuel. Ultimately, that would mean better than have recent budgets. Less known than the Johnson Space Center bargains for travelers. An ambitious goal of At the state level, a small step has been in Houston or the Kennedy launch pads at NASA Glenn scientists is to reduce the trav- taken in approval of two years of wage sup- Cape Canaveral, Fla., or the Jet Propulsion el time to the Far East and Europe by half plements for nursing home workers. Another Laboratory in Pasadena, Calif., NASA Glenn within the next 25 years, but to also make it state bill has been introduced to boost nurs- is, nonetheless, playing a pivotal role in possible at today’s ticket prices. ing home reimbursements, but the sponsor transforming the agency’s 11th and most Last September, R&D Magazine named has expressed concern that the state income novel facility—the space station—from a pie- three research teams based at Glenn winners tax cut approved by voters last year will in-the-sky dream into a symbol of 21st-cen- of its prestigious R&D 100 Award, known make funds hard to come by. tury ingenuity. And it is giving Cleveland within the industry as the ‘‘Nobel Prize of

VerDate jul 14 2003 20:57 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00008 Fmt 0689 Sfmt 0634 E:\BR01\E21MR1.000 E21MR1 March 21, 2001 EXTENSIONS OF REMARKS 4243 applied research.’’ The projects that at- applications on earth and on Mars. When the used in remote locales on earth where medi- tracted global attention involved the devel- Mars Surveyor Lander mission reaches the cine is unavailable. opment of superstrong titanium alumnide Red Planet, two pilot Glenn projects—the In the years ahead, the facility bearing sheet metal used in aircraft bodies; advance- Mars Array Technology Experiment (MATE) Senator Glenn’s name promises to claim its ments with PMR (Polymerization of Mon- and the Dust Accumulation and Removal own prominent place on the journey of omer Reactants) to give aircraft longer shelf Technology (DART)—will explore the feasi- human discovery. ‘‘This year, as we cele- lives; and the application of GENOA software bility of producing oxygen propellant from brate the Glenn center’s 60th anniversary, that has enabled Boeing and GE aircraft en- the Martian atmosphere and will test wheth- all of us can look back in pride at our out- gines to save millions of dollars improving er power-generating solar cells can function standing accomplishments that have helped the cutting-edge 777 aircraft engine. Since amid extreme cold and notorious Martian propel NASA and U.S. industry to new hori- the early 1960s, Glenn researchers have dust storms. ‘‘Because of the dust, the cold zons,’’ adds Campbell. ‘‘And no matter where claimed nearly 80 of the 110 R&D 100 Awards temperatures and the varying light spec- that next horizon is found, Glenn’s pioneers given to NASA projects. trum, the best solar cell for our ‘gas station and innovators will make it possible for us Without question, the most awe-inspiring on Mars’ might be one that we wouldn’t con- to travel beyond it. Ultimately, we want the projects are those dealing with space travel. sider using in our space solar arrays,’’ says public to benefit from what we do.’’ By his own admission, John Dunning, a 30- NASA Glenn Project Manager Cosmo f year NASA veteran and manager of space Baraona, who is overseeing the experiments. station support at Glenn, isn’t a man prone Solar cells designed at Glenn have already BOROUGH OF DURYEA to spontaneous gleeful outbursts. But last performed better than expected with the CELEBRATES CENTENNIAL November, when Space Shuttle Endeavour Pathfinder and Sojourner Rover, but David lifted off from the launch pad at Kennedy Scheiman, a researcher at the Ohio Aero- Space Center, Dunning and his Glenn col- space Institute in Cleveland, a partner of HON. PAUL E. KANJORSKI leagues let out a collective whoop. In her Glenn, says it is uncertain if those cells will OF PENNSYLVANIA belly, Endeavour carried solar panel arrays work over the estimated five years it will IN THE HOUSE OF REPRESENTATIVES and advanced nickel-hydrogen batteries that take to get a human to and from Mars. Wednesday, March 21, 2001 are today providing the power essential to Through its Microgravity Science Divi- making the International Space Station sion, Glenn is NASA’s star performer with Mr. KANJORSKI. Mr. Speaker, I rise today operational. Without the electrical juice microgravity experiments involving combus- to pay tribute to the Borough of Duryea, Penn- generated by the photovoltaic panels and tion and fluid physics. Aside from its history sylvania, which will celebrate its centennial on stored in super batteries, astronauts would with spacecraft and jet engines, Glenn has April 7 with a community parade and picnic be whistling in the dark, says Dunning. bolstered Cleveland’s reputation as a hub for held by the Duryea Centennial Committee. Much of the transportable power grid, built biomedicine. ‘‘We are fortunate to reside in a and tested in cooperation with a handful of region with some of the best medical re- Duryea was originally called Babylon be- private aerospace companies, originated on search institutions in the country and a cause it was a veritable Babel of languages drawing boards at the Glenn laboratories. growing biomedical industry base,’’ says and nationalities due to the immigrants who Prior to shuttle launches in October, Novem- Campbell. came to work in the coal mines. ber and January, a specially designed radi- At the forefront are researchers like Rafat The community was also known as Marcy ator that removes waste heat from the sta- Ansari, a groundbreaking physicist. ‘‘My Township before assuming its present name. tion was tested in the Space Power Facility, personal interest is with the human eye,’’ he The township was formed from territory taken the world’s largest space environment sim- says. According to Ansari, our eyes are not from Pittston, Ransom and Old Forge town- ulation chamber, at NASA Glenn’s Plum only windows to the soul, but also windows ships on January 19, 1880. It was named for Brook Station in Sandusky, Ohio. ‘‘Before to the human body, reflecting the health and these recent shuttle missions delivered the function of vital chemical processes. They a pioneer, the first British settler in the region, power components, the space station crew are also places where physicians can look to Zebulon Marcy, who emigrated from Con- had been confined to a service module, be- better understand the risks of exposure to necticut in the spring of 1770. A census taken cause most of the structure was uninhabit- radiation during deep space travel to des- at the formation of Marcy Township found able,’’ Dunning says. ‘‘With the power sys- tinations like Mars. ‘‘When light passes from 1,159 inhabitants, which had increased to tems up and running, the volume of space the cornea into the retina, it also passes 2,904 by 1890. According to the 2000 census, available to crews will significantly improve through nearly every tissue type found in the population of Duryea is 4,634. by about a factor of three, and the amount of the body,’’ Ansari says. ‘‘By studying those The present name of the community com- consumable electricity will increase from tissues, we can look for evidence of certain four kilowatts to 24 kilowatts.’’ conditions from one’s cholesterol level to the memorates Abram Duryea of New York, who A future principal component of the sta- formation of cataracts to the potential for bought coal lands in the area in 1845 and tion’s power plant, being developed by NASA Alzheimer’s disease to diabetes.’’ opened mines around which the town grew Glenn, could be the ‘‘flyway energy storage Ansari began his career with NASA 13 up. He served in the Civil War as a colonel of system,’’ which functions like a gyroscope years ago. His fascination with eyes started the Fifth New York Infantry in May, 1861, and motor spinning at 60,000 revolutions per when his father developed cataracts. It led was brevetted major-general four years later minute. When the space station arrays are il- him to investigate the etiology of cataracts for his gallant and meritorious services. luminated by the sun, the flywheel functions and the risks associated with certain dis- Prior to becoming a borough, Duryea was a like a mechanical battery, converting mo- eases. Astronauts can be especially vulner- post-office village within Marcy Township, situ- tion into usable energy and vice versa. Dur- able because increased exposure to radiation ing periods of orbit when the station is associated with deep space travel may accel- ated two miles north of Pittston. Duryea was shaded from sunlight, the wheel is turned erate the growth of cataracts and macular incorporated as a borough on April 6, 1901. into a generator that makes electricity to degeneration. The first set of ordinances was adopted by power the life support system and science Ansari and a team of Glenn researchers are council and approved by the burgess, whose equipment. Scientists note that at full oper- working with the federal Food and Drug Ad- equivalent today is the mayor, on August 23, ating speed the flywheel rotor’s linear veloc- ministration to develop a screening process 1901. ity is two-and-one-half times the speed of for diabetes. Another project at the Glenn In 1901, John A. Burlington was the bur- sound (1,875 miles per hour). If the wheel laboratories involved development of an ap- gess, Gary M. Gray was president of the itself were allowed to spin without meeting paratus in partnership with the National Eye resistance, it would go on for more than 12 Institute, located at the National Institutes council and Charles D. Evans was borough hours. of Health in Bethesda, Md. It would have ap- secretary. ‘‘The flywheel energy storage system rep- plications not only on Mars but also in rural At that time, a Methodist church and a resents a revolutionary step in energy stor- parts of the world where there is a niche to Catholic church were already established in age technology,’’ says Raymond Beach, fill with telemedicine. The patient or, in the the borough. The community was rich in min- NASA Glenn’s team leader for flywheel de- case of space travel, the astronauts would ing and agriculture. Within the borough, there velopment. He sees the flywheel as a poten- wear a specially designed helmet with eye- were new coal breakers, along with a rapid tial long-term alternative for chemical bat- examining goggles connected to special sen- rise in the real estate market. The community teries, which don’t last as long and which sors monitoring the heart in real time. The generate waste. ‘‘The process is very effi- apparatus could detect health abnormalities already had postal, telegraph and telephone cient,’’ he points out. ‘‘More than 85 percent as explorers walk across the Martian surface. communication, as well as the service of three of the energy put into the wheel comes out.’’ But long before the first human mission is leading railroads, the Lehigh Valley, the Erie NASA believes that in the coming decades sent to the fourth planet from the sun, and Wyoming Valley, and the Delaware, similar solar-powered generators could have Ansari would like to see such mobile devices Lackawanna and Western.

VerDate jul 14 2003 20:57 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR01\E21MR1.000 E21MR1 4244 EXTENSIONS OF REMARKS March 21, 2001 Duryea was a thriving community, boasting owners and helped build the strong and last- early last year. Probably, a series of rate- one baker, two blacksmiths, three carpenters, ing communities which exist in Broward Coun- target increases in the late 1990s by the Fed three milliners, one drugstore, two dry goods ty today. acted as something of a brake on stock markets and an American economy heavily stores, two general stores, one gentleman’s Mr. Geier’s experience as a young man convinced him that a good education is the fueled by credit. But the overriding factor furnishings store, three grocery stores, a hat was that stock averages last year had and cap store, four hotels, an iron fence man- key to a productive job and success in life. reached a never-never land that even the ufactory, a meat market, a drill moving factory, Motivated by this conviction, Mr. Geier has most optimistic logic could not justify. Con- two livery stables, three physicians and one consistently supported the Broward Schools in sumers, responding to the ‘‘wealth effect’’ of undertaker. their efforts to provide young residents with their paper riches, piled up debt. When Today, the majority of the borough is occu- quality education and opportunities for suc- stocks sank last year, household net worth pied by single-family residences. Some of cess. Throughout his thirty years in South declined for the first time since records have these are company houses that were once Florida, Mr. Geier has actively campaigned in been kept. Quite likely, household balance support of school bond referendums as well sheets have deteriorated further this year. owned by the coal companies. While there Up until last week it appeared that the were only 400 homeowners in Duryea in 1901, as funding early-on for computers in class- Dow had stabilized at around the 10500 level, today there are 2,089. rooms. More recently, Mr. Geier initiated the despite a slowdown in economic growth and The borough is also still home to commer- Area Agency for the Aging’s Seniors for Sen- a series of warnings of lower-than-expected cial enterprises, with two small businesses iors Dollar Drive. This fundraiser provides earnings from major corporations. But the and three manufacturing plants, including thousands in funding for the Area Agency’s Nasdaq, which had reflected some of the Schott Glass Technologies, which makes senior citizen support programs and commu- greatest price excesses, continued its down- products used in some of the greatest sci- nity events. In these and several other civic ward spiral and the Dow ultimately followed, initiatives, Mr. Geier has demonstrated his de- dropping below 10000. The evaporation of li- entific ventures of our time. For example, laser quidity caused by falling prices in one or two glasses from the Duryea plant are helping sci- votion and care to improving the quality of life markets ultimately affects all markets in entists seek cleaner, cheaper sources of en- for all Broward residents. His efforts span over this age of globalization, so Europe, Japan ergy. four decades and his tremendous impact and Southeast Asia all took big losses as Present-day Duryea, led by Mayor Mark spans across the lives of his entire commu- well. Europe, as measured by the FTSE Rostkowski, is also home to six churches and nity. Mr. Speaker, let me conclude by saying, index, was hardest hit, with a 9% decline, six cemeteries, one parochial school, a little- ‘‘Thank you and happy birthday to Nat Geier,’’ compared to 7.7% in the Dow. league baseball field, a field for junior football one of Broward County’s most remarkable Many investors in high-flying stocks are residents. licking their wounds. Money runners on Wall and a playground. Street have lost some of the brash self-con- Mr. Speaker, I am pleased to call to the at- f fidence of a year ago. Brokers who for years tention of the House of Representatives the SOUND ECONOMIC POLICY have been assuring customers that no invest- centennial of the Borough of Duryea, and I ment can beat equities over time have a bit wish its residents well as they begin a new less confidence in that assertion. There is a century for their community. HON. MICHAEL G. OXLEY realization dawning that maybe stock values OF OHIO do have some link to earnings and that a f IN THE HOUSE OF REPRESENTATIVES stock price that might take the company 40 CELEBRATING NAT GEIER ON HIS Wednesday, March 21, 2001 years to earn could be a tad high. 90TH BIRTHDAY This new sobriety is a healthy thing. The Mr. OXLEY. Mr. Speaker, I commend to my economists who have been arguing that the colleagues’ attention the following article, ‘‘Can U.S. was developing an asset bubble, like HON. PETER DEUTSCH the U.S. Live With a Sounder, Saner Stock Japan in the 1980s, have been appeased. Their OF FLORIDA Market?’’ The author correctly points out that concept that there is such a thing as asset IN THE HOUSE OF REPRESENTATIVES despite all of the recent attention on interest inflation, fueled by liberal credit policies, rates, the condition of our capital markets and has been reinforced. Yet the oversold mar- Wednesday, March 21, 2001 kets pretty much have taken care of them- the health of the U.S. economy are strongly selves, without tempting interventions by Mr. DEUTSCH. Mr. Speaker, I rise to honor influenced by the decisions that are made on Mr. Nat Geier, a distinguished citizen of Sun- politicians, who sometimes in the past (in trade policy, regulatory relief, and tax cuts. If the 1930s, for example) have jumped in to rise, Florida who has devoted himself to im- we get those growth policies right, we will do make things worse. Investors now know that proving his community over the last three dec- a great service for the increasing number of stocks go down as well as up, a useful lesson. ades. Through numerous citizen campaigns, Americans who are investing to improve their The new sobriety befits equity markets Mr. Geier has been the engine of improve- everyday lives and saving for their retirement. that now have a different function from the ment in strengthening the Broward County one they had 10 or 15 years ago when they community. This week, Nat Geier will turn [From the Wall Street Journal, Mar. 20, 2001] were mainly the province of the well-to-do. ninety years old—it is an occasion which CAN THE U.S. LIVE WITH A SOUNDER, SANER Today, some 60% of Americans have a bene- Broward County residents will celebrate with STOCK MARKET? ficial ownership in stocks. Mutual funds (By George Melloan) have replaced savings accounts as the pre- pride. ferred investment of small savers. Private Born in Poland in 1911, Mr. Geier immi- Alan Greenspan has demonstrated that he can curb ‘‘irrational exuberance’’ in the pension funds holding the retirement money grated to America at the age of nine. He stock markets, or so the conventional wis- of millions of Americans are heavily in- dropped out of the New York City School sys- dom goes. Today, he presumably will try to vested in stocks. These new, steady, sources tem at age 13 to get a job in the garment perform a more difficult feat, arresting the of funding give stock markets a greater sta- business cutting material. This young drop-out world-wide decline in equities that he has bility than before. But they also mean that learned quickly, worked hard, and rose up in been widely accused of—or credited with— stocks play a greater role in household bal- the ranks, eventually earning enough to relo- causing. The auguries for his success are not ance sheets, and hence in the holder’s per- especially favorable. The markets weeks ago ception of whether he is getting richer or cate and buy a condominium in Florida. An poorer. early resident of the now well-developed areas factored into prices the likelihood of a Fed- eral Reserve rate target reduction, but that It is for this reason that policy makers of South Florida, Mr. Geier has always under- didn’t prevent last week’s steep slide. need to give attention to the macroeconomy stood that homeownership is the anchor of all The concept of Mr. Greenspan as a deus ex that underlies corporate stocks. It suffered communities because it gives residents long- machina who intervenes occasionally to from great neglect during the latter stages term investment in the quality of their commu- change the course of markets is overrated. of the Clinton administration, even as the nities. For this reason, two decades ago, Mr. His ‘‘irrational exuberance’’ speech in De- signs of an economic slowdown mounted. The Geier set out to educate Broward residents of cember 1996 rattled investors. But that may administration allowed the beginnings of a new round of trade opening negotiations in the importance of the ‘‘Homestead Exemption’’ only have been because he was remarking on something that was obvious to almost every- Seattle to be scuttled by organized labor, the rules which use the Florida tax code to en- one: Some stocks were selling at prices far in Naderites and assorted zanies. Mr. Clinton courage homeownership and community en- excess of their underlying values. made only a feeble and belated effort to get hancement. Mr. Geier’s efforts brought the It certainly didn’t stop the bull run, which fast track legislation to speed new trade benefits of the rules to thousands of home- continued another three years until its peak agreements. Thus years have been wasted in

VerDate jul 14 2003 20:57 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00010 Fmt 0689 Sfmt 0634 E:\BR01\E21MR1.000 E21MR1 March 21, 2001 EXTENSIONS OF REMARKS 4245 starting negotiations for new multilateral MEETINGS SCHEDULED 10:30 a.m. trade and investment pacts that invariably Indian Affairs re-energize the global economy. MARCH 27 To hold hearings on S. 210, to authorize Regulatory burdens continued to pile up. the integration and consolidation of al- 9 a.m. The EPA was set on automatic to crank out Agriculture, Nutrition, and Forestry cohol and substance abuse programs new restrictions that impose costs and yield To hold hearings to review the Research, and services provided by Indian tribal either no benefits, or negative consequences. Extension and Education title of the governments; S. 214, to elevate the po- The previous administration kow-towed to Farm Bill. sition of Director of the Indian Health ‘‘environmentalist’’ claims of a coming SR–328A Service within the Department of ‘‘global warming’’ disaster, despite a large 9:30 a.m. Health and Human Services to Assist- body of scientific proof that no such trend Armed Services ant Secretary for Indian Health; and S. exists. More public lands, including sites To resume hearings on proposed legisla- 535, to amend title XIX of the Social rich in oil and gas, were locked up as ‘‘wil- tion authorizing funds for fiscal year Security Act to clarify that Indian derness’’ areas. 2002 for the Department of Defense and women with breast or cervical cancer The passage of federal tax cuts last year, the Future Years Defense Program, fo- who are eligible for health services pro- when they would have come in time to stim- cusing on military strategy and oper- vided under a medical care program of ulate a flagging economy, was blocked by ational requirements; to be followed by President Clinton. Democrats this year are the Indian Health Service or of a tribal closed hearings (in Room SH–219). organization are included in the op- still resisting even the modest initial tax cut SH–216 tional medicaid eligibility category of tranches proposed by George W. Bush, styl- Environment and Public Works ing themselves as the new guardians of fiscal Fisheries, Wildlife, and Water Sub- breast or cervical cancer patients responsibility. In other words, the economy committee added by the Breast and Cervical Can- is not going to get any help soon from tax To hold hearings to examine water and cer Prevention and Treatment Act of cuts. That vaunted federal surplus could van- wastewater infrastructure needs. 2000. ish quite rapidly if the American economy SD–406 SR–485 goes into recession. The old saying, penny Health, Education, Labor, and Pensions wise and pound foolish, applies here. To hold hearings to examine early edu- MARCH 29 Despite all these forms of neglect, the U.S. cation and care programs in the United 9 a.m. still has a powerful economic base, U.S. de- States. Agriculture, Nutrition, and Forestry mand kept Asia afloat after the 1997 melt- SD–430 To hold hearings to review environ- down. It has helped revive Mexico and has Energy and Natural Resources mental trading opportunities for agri- To hold hearings to examine national en- given Europe a market. The discovery by culture. Americans of the marvelous communications ergy policy with respect to impedi- SR–328A potential of the Internet moved computers ments to development of domestic oil 10 a.m. from the purely business realm into the and natural gas resources. Energy and Natural Resources home as a consumer product. Information SD–106 technology is for real, even if it was oversold 10 a.m. National Parks, Historic Preservation, and on stock markets during the dot-com rage. Appropriations Recreation Subcommittee Consumer confidence, as measured by a Interior Subcommittee To hold oversight hearings to review the monthly University of Michigan survey, re- To hold hearings to examine trust reform National Park Service’s implementa- mains reasonably upbeat. Employment is issues. tion of management policies and proce- high, despite prospects of some big corporate SD–138 dures to comply with the provisions of layoffs. All that has happened to the Amer- Finance Titles I, II, III, V, VI, VII, and VIII of ican economy so far has been a slowing of To hold hearings to examine the afford- the National Parks Omnibus Manage- growth, not a recession. The Fed is trying to ability of long term care. ment Act of 1998. ensure adequate liquidity while at the same SD–215 SD–628 time tending to its fundamental job of trying 10:30 a.m. 10:30 a.m. to keep the dollar sound. And finally, stock Foreign Relations Foreign Relations Business meeting to consider pending markets are safer places for money than To hold hearings on the nomination of calendar business. they were a year ago, which is no bad thing. John Robert Bolton, of Maryland, to be SD–419 11 a.m. Under Secretary of State for Arms f Foreign Relations Control and International Security. To hold hearings on the nomination of SD–419 SENATE COMMITTEE MEETINGS William Howard Taft, IV, of Virginia, 2:30 p.m. to be Legal Adviser of the Department Energy and Natural Resources Title IV of Senate Resolution 4, of State. Forests and Public Land Management Sub- agreed to by the Senate on February 4, SD–419 committee 1977, calls for establishment of a sys- 2 p.m. To hold oversight hearings on the imple- tem for a computerized schedule of all Judiciary mentation of the Administration’s Na- meetings and hearings of Senate com- Technology, Terrorism, and Government tional Fire Plan. Information Subcommittee SD–628 mittees, subcommittees, joint commit- To hold hearings to examine domestic re- tees, and committees of conference. sponse capabilities for terrorism in- APRIL 3 This title requires all such committees volving weapons of mass destruction. to notify the Office of the Senate Daily SD–226 10 a.m. Digest—designated by the Rules com- Judiciary mittee—of the time, place, and purpose MARCH 28 To hold hearings to examine online entertainment and related copyright law. 9:30 a.m. of the meetings, when scheduled, and SD–226 any cancellations or changes in the Health, Education, Labor, and Pensions meetings as they occur. To hold hearings to examine health information for consumers. APRIL 4 As an additional procedure along SD–430 9:30 a.m. with the computerization of this infor- 10 a.m. Armed Services mation, the Office of the Senate Daily Appropriations SeaPower Subcommittee Digest will prepare this information for Defense Subcommittee To hold hearings on proposed legislation printing in the Extensions of Remarks To hold hearings to examine certain Pa- authorizing funds for fiscal year 2002 section of the CONGRESSIONAL RECORD cific issues. for the Department of Defense and the on Monday and Wednesday of each SD–192 Future Years Defense Program, focus- week. Foreign Relations ing on shipbuilding industrial base To hold hearings to examine the Depart- issues and initiatives. Meetings scheduled for Thursday, ment of Energy’s nonproliferation pro- SR–222 March 22, 2001 may be found in the grams with Russia. Daily Digest of today’s RECORD. SD–419

VerDate jul 14 2003 20:57 Feb 11, 2005 Jkt 089102 PO 00000 Frm 00011 Fmt 0689 Sfmt 0634 E:\BR01\E21MR1.000 E21MR1 4246 EXTENSIONS OF REMARKS March 21, 2001 APRIL 5 ing to Energy Efficiency Renewable MAY 16 10 a.m. Energy, science, and nuclear issues. 10 a.m. Appropriations SD–124 Appropriations Interior Subcommittee Judiciary VA, HUD, and Independent Agencies Sub- To hold hearings on proposed budget es- To hold hearings to examine high tech- committee timates for fiscal year 2002 for the De- nology patents, relating to business To hold hearings on proposed budget es- partment of Energy. methods and the internet. timates for fiscal year 2002 for the Fed- SD–138 SD–226 eral Emergency Management Agency. Appropriations SD–138 APRIL 24 Interior Subcommittee JUNE 6 10 a.m. To hold hearings on proposed budget es- Appropriations timates for fiscal year 2002 for the For- 10 a.m. Energy and Water Development Sub- est Service, Department of Agri- Appropriations committee culture. VA, HUD, and Independent Agencies Sub- To hold hearings on proposed budget es- SD–138 committee timates for fiscal year 2002 for the Bu- To hold hearings on proposed budget es- reau of Reclamation, of the Depart- MAY 2 timates for fiscal year 2002 for the Na- tional Science Foundation and the Of- ment of the Interior, and Army Corps 10 a.m. of Engineers. fice of Science Technology Policy. Appropriations SD–138 SD–124 VA, HUD, and Independent Agencies Sub- Appropriations committee JUNE 13 Interior Subcommittee To hold hearings on proposed budget es- 10 a.m. To hold hearings on proposed budget estimates for fiscal year 2002 for the De- timates for fiscal year 2002 for the De- Appropriations partment of Veterans’ Affairs. VA, HUD, and Independent Agencies Sub- partment of the Interior. SD–138 SD–138 committee To hold hearings on proposed budget es- MAY 3 APRIL 25 timates for fiscal year 2002 for the En- 2 p.m. vironmental Protection Agency and 10 a.m. Appropriations the Council of Environmental Quality. Judiciary Energy and Water Development Sub- SD–138 To hold hearings to examine the legal committee issues surrounding faith based solu- To hold hearings on proposed budget es- JUNE 20 tions. timates for fiscal year 2002 for Depart- 10 a.m. SD–226 ment of Energy environmental man- Appropriations Appropriations agement and the Office of Civilian VA, HUD, and Independent Agencies Sub- VA, HUD, and Independent Agencies Sub- Radio Active Waste Management. committee committee SD–124 To hold hearings on proposed budget es- To hold hearings on proposed budget estimates for fiscal year 2002 for the De- timates for fiscal year 2002 for the Cor- MAY 8 partment of Housing and Urban Devel- poration for National and Community opment. 10 a.m. Service. SD–138 SD–138 Judiciary To hold hearings to examine high tech- APRIL 26 nology patents, relating to genetics POSTPONEMENTS 2 p.m. and biotechnology. Appropriations SD–226 MARCH 27 Energy and Water Development Sub- 10:30 a.m. MAY 9 committee Appropriations To hold hearings on proposed budget es- 10 a.m. Energy and Water Development Sub- timates for fiscal year 2002 for the Na- Appropriations committee tional Nuclear Security Administra- VA, HUD, and Independent Agencies Sub- To hold oversight hearings on issues re- tion, Department of Energy. committee lating to Yucca Mountain. SD–124 To hold hearings on proposed budget es- SD–124 timates for fiscal year 2002 for the Na- MAY 1 tional Aeronautics and Space Adminis- APRIL 3 10 a.m. tration. 10 a.m. Appropriations SD–138 Appropriations Energy and Water Development Sub- Energy and Water Development Sub- committee committee To hold hearings on proposed budget es- To hold oversight hearings to examine timates for fiscal year 2002 for certain issues surrounding nuclear power. Department of Energy programs relat- SD–124

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