E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, WEDNESDAY, MARCH 21, 2001 No. 38 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces understand we’re going to have a wed- called to order by the Speaker pro tem- to the House his approval thereof. ding.’’ Thereby he was announcing to pore (Mr. LATOURETTE). Pursuant to clause 1, rule I, the Jour- me that, not too long after that, he was f nal stands approved. marrying two of my now young chil- Mr. WAMP. Mr. Speaker, pursuant to dren, not so young children. DESIGNATION OF THE SPEAKER clause 1, rule I, I demand a vote on Hillel is a UCLA graduate. He got his PRO TEMPORE agreeing to the Speaker’s approval of Ph.D. at the divinity school at Clare- The SPEAKER pro tempore laid be- the Journal. mont College. He came to San fore the House the following commu- The SPEAKER pro tempore. The Bernardino to lead this congregation in nication from the Speaker: question is on the Speaker’s approval 1963. Our community has been blessed WASHINGTON, DC, of the Journal. by his service. He has been involved in March 21, 2001. The question was taken; and the virtually every organization of any mo- I hereby appoint the Honorable STEVEN C. Speaker pro tempore announced that ment to San Bernardino, California, as LATOURETTE to act as Speaker pro tempore the ayes appeared to have it. well as the surrounding communities. on this day. Mr. WAMP. Mr. Speaker, I object to His leadership indeed has had a huge J. DENNIS HASTERT, Speaker of the House of Representatives. the vote on the ground that a quorum impact, ranging from our commission is not present and make the point of that involves human affairs that at- f order that a quorum is not present. tempts to provide balance and strength PRAYER The SPEAKER pro tempore. Pursu- within our community. He has been a Rabbi Hillel Cohn, Congregation ant to clause 8, rule XX, further pro- leader within the religious community, Emanu El, San Bernardino, California, ceedings on this question will be post- obviously, but most importantly he has offered the following prayer: poned. used his extra time, that volunteer Thousands of years ago, in setting The point of no quorum is considered time, to touch every aspect of our life. down the fundamental requirements withdrawn. His service upon his retirement will for any community, the Torah charged: f only increase, I am assured. ‘‘Tsedek, tsedek tirdof’’: Ladies and gentlemen, it is my privi- ‘‘Justice, justice shall you pursue.’’ PLEDGE OF ALLEGIANCE lege to introduce to you my friend, Appreciating the importance of jus- The SPEAKER pro tempore. Will the Rabbi Hillel Cohn. tice, the Founders of this Nation envi- gentleman from California (Mr. LEWIS) f sioned an America that would guar- come forward and lead the House in the ON THE ECONOMY AND TAX CUTS antee ‘‘liberty and justice for all.’’ Pledge of Allegiance. O God, strengthen the resolve of Mr. LEWIS of California led the (Mr. PITTS asked and was given per- those who serve here to make the deci- Pledge of Allegiance as follows: mission to address the House for 1 sions as well as the processes leading I pledge allegiance to the Flag of the minute and to revise and extend his re- to those decisions genuinely just. Let United States of America, and to the Repub- marks.) America pursue justice in our enforce- lic for which it stands, one nation under God, Mr. PITTS. Mr. Speaker, over the ment of laws, in our forms of punish- indivisible, with liberty and justice for all. last 6 months, we have seen some ment, in our methods of choosing our f major changes in our economy. We lost leaders, in our allocation of precious 94,000 manufacturing jobs just in Feb- WELCOMING RABBI HILLEL COHN resources, in our expectations of other ruary. Overall economic growth slowed nations, and in our daily relations with (Mr. LEWIS of California asked and to just 1.1 percent in the fourth quarter one another. was given permission to address the of last year. In the quarter before that, Praised be the Eternal God, the Sov- House for 1 minute.) the growth was 5.6 percent. I do not ereign, who loves justice and expects us Mr. LEWIS of California. Mr. Speak- need to remind anyone how far down to pursue justice, uncompromising and er, it is my privilege today to intro- the stock market has gone. Clearly, we true justice. Amen. duce to my colleagues an old friend, need to take action. Some in this body f Hillel Cohn, who is about to retire as are claiming that even by talking rabbi of Congregation Emanu El in San about the slowdown in the economy, THE JOURNAL Bernardino, California. Not too long we are pushing the country into reces- The SPEAKER pro tempore. The ago, in a community meeting, Rabbi sion. But we need to have a sensible Chair has examined the Journal of the Cohn approached me and said, ‘‘Jerry, I discussion about what needs to be done

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.

H1015

.

VerDate 21-MAR-2001 23:10 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.000 pfrm02 PsN: H21PT1 H1016 CONGRESSIONAL RECORD — HOUSE March 21, 2001 to breathe new life into the American Mr. Speaker, I ask that my col- of year, March Madness is bursting out economy. This is too important to leagues join me in celebrating the tre- all over. Three of the five first-team make it political. mendous advancements realized under All-American players are from North Yesterday’s cut in interest rates will President Tad Foote’s extraordinary Carolina teams. Duke, the University help, but we need tax cuts as well. Only leadership and in wishing him God- of North Carolina, Wake Forest, the by getting more money into the hands speed. University of North Carolina at of the people who spend can we get our f Greensboro, and the University of economy going again. Let us pass the North Carolina at Charlotte from my AMERICA IN DANGER President’s tax relief package. In fact, congressional district were all in the let us even make it bigger and retro- (Mr. TRAFICANT asked and was field of 64, although only one survives. active. And let us do it now. given permission to address the House But perhaps the most exciting March f for 1 minute and to revise and extend Madness story in North Carolina this his remarks.) year is at Johnson C. Smith Univer- FUNDING NEEDED FOR NEW Mr. TRAFICANT. Mr. Speaker, sity, the alma mater of my colleague MARKET INITIATIVES America is in danger. China just built EVA CLAYTON. Founded in 1867, JUS is (Mr. DAVIS of Illinois asked and was their third missile base, and North one of four historically black colleges given permission to address the House Korea referred to Uncle Sam as an ag- and universities located in my congres- for 1 minute and to revise and extend gressor. Think about it. We are now sional district and has a student body his remarks.) looking down the fangs of a dragon. of approximately 1,500 students. JUS Mr. DAVIS of Illinois. Mr. Speaker, China is going after Taiwan, North finished this year’s basketball season last year we spent a great deal of time, Korea is escalating tensions, and Janet with a 27–4 record, won the CIAA bas- energy and effort developing a new Reno is doing Saturday Night Live. ketball tournament, won the South At- markets venture capital program with Beam me up here. lantic Regional Division II champion- enthusiastic support from President While President Reagan crippled ship, and tonight will be playing in the Clinton and Speaker HASTERT. When I communism, Reno’s actions have abso- Division II Elite 8 in California. Now, look at the current President’s budget lutely reinvented the greatest threat that is a real March Madness dream for 2002, it provides no money at all for America has ever had and no one is story. these initiatives to spur economic looking. I congratulate President Dorothy growth and development in disadvan- I yield back all those Chinese mis- Yancey, Coach Steve Joyner and his taged inner city and rural commu- siles pointed at American cities. basketball team and the entire John- nities. f son C. Smith University family on pro- Today, we are going to hear a great ducing this March Madness dream AMERICAN FOREIGN POLICY deal about faith as a way of dealing story and on continuing to educate our with the needs, hopes and aspirations (Mr. DUNCAN asked and was given young people in this country. of the disadvantaged. I say that faith permission to address the House for 1 f minute and to revise and extend his re- without money is shallow. Let us keep PUTTING AMERICA’S FAMILIES marks.) the faith and fund these new market FIRST initiatives for inner city and rural dis- Mr. DUNCAN. Mr. Speaker, former (Mr. GIBBONS asked and was given advantaged communities. President Clinton promised us we would be out of Bosnia by the end of permission to address the House for 1 f 1996. We are still there and have spent minute and to revise and extend his re- UNIVERSITY OF MIAMI PRESIDENT billions of U.S. taxpayer dollars in the marks.) EDWARD THADDEUS FOOTE, II process. We have spent billions more in Mr. GIBBONS. Mr. Speaker, the Re- publican budget puts America’s fami- (Ms. ROS-LEHTINEN asked and was Haiti, Rwanda, Somalia, Kosovo and lies first by responsibly using the sur- given permission to address the House many other places. We have become plus to pay down the national debt, for 1 minute and to revise and extend the world’s policeman, even though our provide needed tax relief and bolster her remarks.) people do not want us to be. funding for priorities like education, Ms. ROS-LEHTINEN. Mr. Speaker, I There are armed conflicts going on in Social Security, Medicare, prescription would like to pay tribute to Edward many places all around the world all the time. We seem to follow a CNN for- drug benefits and national defense. Thaddeus Foote II, President of the Republicans refuse to squander the eign policy, throwing huge money at University of Miami, who will soon re- surplus and will work diligently to pass whichever problem area is being em- tire after 20 years of remarkable serv- a balanced budget. The Republican phasized on the national news. Mac- ice to the university and indeed to the budget puts American families first by edonia is next. We are spending $4 mil- entire South Florida community. responsibly using the surplus for edu- Tad arrived at UM in 1981 where he lion every day in Iraq 10 years after the cation priorities, strengthening Social introduced corporate-style strategic Gulf War. Security, modernizing Medicare, pro- In Sunday’s Washington Times, syn- planning and recruited approximately viding prescription drug benefits and three-quarters of the current faculty dicated columnist Steve Chapman bolstering national defense, as I said during his tenure. Under his leadership, wrote this: earlier. high-quality teaching became a top Remember the war in Kosovo? The United In addition, we need to show support priority, and the university’s research States launched an 11-week aerial bombard- for the next part of the tax relief pack- productivity has expanded dramati- ment of Yugoslavia in 1999 to help the ethnic age Congress and the White House are cally. Albanians. Two years later, our soldiers are fighting the Albanians and welcoming help working on, including eliminating the Tad enabled the founding of the Uni- from the Serbs. In the Balkans, you see, a taxes on marriage and death, and dou- versity’s School of Architecture, friend is merely someone who isn’t your bling the child tax credit. School of Communication, School of enemy just yet. Mr. Speaker, eliminating the taxes International Studies, as well as the f on marriage and death are a top pri- Dante B. Fascell North-South Center, ority for this Congress and the White making the University of Miami the CONGRATULATING JOHNSON C. House. When I have a town hall meet- largest and most comprehensive pri- SMITH UNIVERSITY ON ITS ing, one of the top issues on the minds vate research university in the South- ‘‘MARCH MADNESS’’ DREAM of my constituents is relief from these east. Tad is a visionary and a bold lead- STORY onerous and immoral taxes. No married er who never compromises his quest for (Mr. WATT of North Carolina asked couple ought to be taxed an extra $1,400 quality. and was given permission to address per year just for getting married, and Sadly, he has announced that he will the House for 1 minute and to revise no family farm or small business be leaving the presidency on June 1 but and extend his remarks.) should be allowed to go under because will serve as chancellor of the Univer- Mr. WATT of North Carolina. Mr. of the death tax. These taxes are on the sity until 2003. Speaker, in North Carolina at this time chopping block.

VerDate 21-MAR-2001 23:10 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.003 pfrm02 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1017 APPOINTMENT OF MEMBERS TO day of Wednesday, March 21, or Thurs- A motion to reconsider was laid on UNITED STATES HOLOCAUST ME- day, March 22, for the Speaker to en- the table. MORIAL COUNCIL tertain motions to suspend the rules f relating to the measures previously The SPEAKER pro tempore. Without ANNOUNCEMENT BY THE SPEAKER outlined by the reading clerk. objection, and pursuant to Public Law PRO TEMPORE 106–292 (36 U.S.C. 2301), the Chair an- The Members and their staffs have The SPEAKER pro tempore. Pursu- nounces the Speaker’s appointment of had time to examine these rules, and ant to clause 8, rule XX, the Chair an- the following Members of the House to the Committee on Rules is not aware of nounces that he will postpone further the United States Holocaust Memorial any controversy or concern. While proceedings today on motions to sus- Council: these items are non-controversial, they pend the rules on which a recorded vote Mr. GILMAN of New York; are indeed important pieces of legisla- or the yeas and nays are ordered, or on Mr. LATOURETTE of Ohio; and tion to many Members of this body which the vote is objected to under Mr. CANNON of Utah. and, more importantly, to the con- clause 6 of rule XX. There was no objection. stituents we represent. Accordingly, I urge my colleagues to Any record vote on H.R. 1099, the f support this rule, as well as the six Coast Guard Personnel and Maritime PROVIDING FOR CONSIDERATION bills it makes in order. Safety Act of 2001, will be taken tomor- OF MOTIONS TO SUSPEND THE Mr. Speaker, I reserve the balance of row. RULES my time. Record votes on remaining motions Mr. FROST. Mr. Speaker, I yield my- to suspend the rules will be taken Ms. PRYCE of Ohio. Mr. Speaker, by self such time as I may consume. today. direction of the Committee on Rules, I Mr. Speaker, it is not the intention f call up House Resolution 92 and ask for of the Democratic Members of the PRINTING REVISED UPDATED its immediate consideration. House to object to this rule. We do, VERSION OF ‘‘BLACK AMERICANS The Clerk read the resolution, as fol- however, object to the continued use of IN CONGRESS, 1870–1989’’ lows: the suspension calendar on days that H. RES. 92 are under the rules of the House sup- Mr. NEY. Mr. Speaker, I move to sus- Resolved, That it shall be in order at any posed to be used for the consideration pend the rules and agree to the concur- time on the legislative day of Wednesday, of bills on the Union Calendar. Obvi- rent resolution (H. Con. Res. 43) au- March 21, 2001, or Thursday, March 22, 2001, ously, little business has been reported thorizing the printing of a revised and for the Speaker to entertain motions that updated version of the House document the House suspend the rules relating to the to the House from its committees, following measures: other than matters from the Com- entitled ‘‘Black Americans in Congress, (1) The concurrent resolution (H. Con. Res. mittee on Ways and Means. Thus, it 1870–1989’’. 43) authorizing the printing of a revised and seems the majority has come to rely on The Clerk read as follows: updated version of the House document enti- minor bills to fill the time in between H. CON. RES. 43 tled ‘‘Black Americans in Congress, 1870– the consideration of tax bills. Resolved by the House of Representatives (the 1989’’; Mr. Speaker, there are any number of Senate concurring), (2) The bill (H.R. 1042) to prevent the elimi- important issues facing the country SECTION 1. PRINTING OF REVISED VERSION OF nation of certain reports; today. Education, Social Security, ‘‘BLACK AMERICANS IN CONGRESS, (3) The bill (H.R. 1098) to improve the re- 1870–1989’’. cording and discharging of maritime liens Medicare, national defense, crime and energy are just a few of them; yet we (a) IN GENERAL.—An updated version of and expand the American Merchant Marine House Document 101–117, entitled ‘‘Black Memorial Wall of Honor, and for other pur- have not seen any signs of any of these Americans in Congress, 1870–1989’’ (as revised poses; issues heading to the floor. by the Library of Congress), shall be printed (4) The bill (H.R. 1099) to make changes in It is time for this Congress to buckle as a House document by the Public Printer, laws governing Coast Guard personnel, in- down and get to work; and, Mr. Speak- with illustrations and suitable binding, crease marine safety, renew certain groups er, we should do our work under reg- under the direction of the Committee on that advise the Coast Guard on safety issues, ular order. House Administration of the House of Rep- make miscellaneous improvements to Coast resentatives. Guard operations and policies, and for other So, in order to give the House some- thing to do today, Democrats will not (b) NUMBER OF COPIES.—In addition to the purposes. usual number, there shall be printed 30,700 (5) The bill (H.R. 496) to amend the Com- object to this rule. But that being said, copies of the document referred to in sub- munications Act of 1934 to promote deploy- we cannot be counted on to continue to section (a), of which— ment of advanced services and foster the de- stand aside as the Republican majority (1) 25,000 shall be for the use of the Com- velopment of competition for the benefit of continues to shirk its responsibilities. mittee on House Administration of the consumers in all regions of the Nation by re- Mr. Speaker, I reserve the balance of House of Representatives; and lieving unnecessary burdens on the Nation’s my time. (2) 5,700 shall be for the use of the Com- two percent local exchange telecommuni- Ms. PRYCE of Ohio. Mr. Speaker, I mittee on Rules and Administration of the cations carriers, and for other purposes; Senate. (6) The bill (H.R. 802) to authorize the Pub- yield myself such time as I may con- lic Safety Officer Medal of Valor, and for sume. The SPEAKER pro tempore. Pursu- other purposes. Mr. Speaker, let me remind my col- ant to the rule, the gentleman from leagues that these are non-controver- Ohio (Mr. NEY) and the gentleman from 1015 b sial measures, and that they are impor- Maryland (Mr. HOYER) each will con- The SPEAKER pro tempore (Mr. tant to many Members of this body. trol 20 minutes. LATOURETTE). The gentlewoman from The resolution will simply allow this The Chair recognizes the gentleman Ohio (Ms. PRYCE) is recognized for one House to complete its work on these from Ohio (Mr. NEY). hour. initiatives. Mr. NEY. Mr. Speaker, I yield myself Ms. PRYCE of Ohio. Mr. Speaker, for Mr. Speaker, I urge support for the such time as I may consume. the purpose of debate only, I yield the resolution and the underlying legisla- Mr. Speaker, I have just a few state- customary 30 minutes to my good tive initiatives. ments I want to make on this resolu- friend, the gentleman from Texas (Mr. Mr. FROST. Mr. Speaker, I have no tion. In the 101st Congress, House Doc- FROST), pending which I yield myself further requests for time, and I yield ument 101–117, entitled ‘‘Black Ameri- such time as I may consume. During back the balance of my time. cans in Congress, 1870–1989,’’ was print- the consideration of this resolution, all Ms. PRYCE of Ohio. Mr. Speaker, I ed and distributed to the House and the time yielded is for the purpose of de- have no further requests for time, I Senate. This document noted the dis- bate only. yield back the balance of my time, and tinguished service of 66 African Ameri- Mr. Speaker, yesterday the Com- I move the previous question on the cans who had served in the Congress up mittee on Rules met and passed this resolution. to that point in time. In fact, when I resolution providing that it shall be in The previous question was ordered. was elected to the 104th Congress, we order at any time on the legislative The resolution was agreed to. happened to have this particular book

VerDate 21-MAR-2001 23:10 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.005 pfrm02 PsN: H21PT1 H1018 CONGRESSIONAL RECORD — HOUSE March 21, 2001 that was in our office, and it is just a lished in 1976 during our country’s bi- Think of that argument, Mr. Speak- fascinating history and documentation centennial. This was just over a cen- er. ‘‘We have prohibited you from being of the 66 African Americans who had tury after the first African American a citizen. You are now free and a full served in the Congress. It really makes to serve in Congress, Hiram Revels of citizen because we have adopted a con- for an interesting reading and I think Mississippi, was elected to the Senate. stitutional amendment, but you do not pays tribute to those African Ameri- That election, of course, came after a qualify for membership in this body be- cans. great civil war was waged to ensure cause, as a result of us not according Since that document was printed, that African Americans not only were you full citizenship, you have not met some 40 additional African Americans considered to be full persons, but also the 9-year requirement.’’ have served in the United States Con- would be considered among those in- Fortunately, however, the Senate re- gress. House Concurrent Resolution 43 cluded in the ringing phrase in the Dec- jected those arguments and seated Mr. will simply direct the Library of Con- laration of Independence that we hold Revels on February 25, 1870, by a vote gress to revise the biographies of Mem- these truths to be self-evident, that all of 48 to 8. bers included in the first volume, so it men, and we should have added, but The first African American Member will be an update, and also provide for had not at that time, and women, are of this House, Representative Joseph the inclusion of African American created equal, and are endowed by Rainey of South Carolina, was born the Members of the House and Senate who their Creator with certain unalienable son of slave parents who managed to have been elected since the document rights, and among these are life, lib- buy their family’s freedom. When the was last published. erty and the pursuit of happiness. We Civil War began, Rainey was drafted Mr. Speaker, I urge my colleagues to fought a great civil war to address the and compelled to serve on a Confed- support the passage of this measure. It grievance of non-inclusion of those of erate blockade runner, but he escaped has been good working with our distin- African descent. It was not until the to Bermuda. Returning to South Caro- guished colleague, the gentleman from last century, in the 1920s, that women lina after the war, Rainey was elected Maryland (Mr. HOYER), the ranking were given the full franchise in Amer- to the State senate, and later to com- member of the committee. I know that ica. plete an unexpired term in this body, all the members of the committee feel It is appropriate that we recognize taking office in December of 1870. that this is an important document. I inclusion. We are going to have today Rainey served five terms with distinc- think it is a good document also that the passage of this resolution, to recog- tion and became the first Member of can be viewed by citizens across the nize those of African American descent African ancestry to preside over this country. It has been a pleasure to work who have served in this Congress and House. with the gentleman from Maryland made an historical contribution to this Since Senator Revels and Represent- (Mr. HOYER) on this. country. Next week I expect us to bring ative Rainey took their oaths as Mem- Mr. Speaker, I reserve the balance of forward out of our committee another bers of the 41st Congress, 104 additional my time. resolution which will recognize all of African Americans have trod the path Mr. HOYER. Mr. Speaker, I yield my- the women who have served in Con- they so courageously blazed. A total of self such time as I may consume. gress to the present date. 40 additional distinguished African Mr. Speaker, obviously I rise in The second edition of this document, Americans have served since publica- strong support of this resolution. I was which was published in 1990, contains tion of the 1990 edition, 32 of whom are delighted to introduce this legislation brief biographies, photographs, and serving today. just over 3 weeks ago in conjunction other historical information about Mr. Speaker, one need only to look with the chairman of our committee, Senator Revels and the 65 other distin- around the House to see a new genera- the gentleman from Ohio (Mr. NEY), guished African Americans who had tion of African American leaders serv- who has been an example I think for all served as of January 23, 1990. The vol- ing the American people ably and the Congress as to how to work in a bi- ume is a treasured resource in libraries proudly. It is important, Mr. Speaker, partisan, productive, positive fashion; across America. that we recognize their contribution and I thank the gentleman for that. I It is through this document, Mr. and chronicle their service, not for see some of the majority staff on the Speaker, that not only can young Afri- them individually, not to aggrandize floor as well. I want to thank them as can Americans, but young people of all them or to expand their egos. It is to well for the very cooperative way in races, colors and creeds can be inspired recognize the hallmark of America, di- which they are working with our mi- by the biographies it contains, so that versity and inclusion. It is our nority staff to make sure that we do irrespective of who they might be, they strength, and it is our promise to all our business in a very productive, posi- can aspire to be honored by their our people. Even more importantly, it tive way. I very much appreciate it. neighbors and constituents and serve is crucial that we continually seek to Mr. Speaker, this resolution author- in the Congress of the United States. inspire young people, as I said earlier, izes the printing, as the chairman has This book explores not only the lives all across America, that they can as- said, of a revised edition of the House and careers of Members, but also pro- pire to public service, whatever the document last printed in the 101st Con- vides a window on the many obstacles color of their skin and however humble gress, 11 years ago, entitled ‘‘Black that have confronted African Ameri- their circumstances might have been. Americans in Congress, 1870–1989.’’ I cans as they made their way to the Adopting this resolution is yet another thank my distinguished colleague from halls of this Congress. For example, way to do that. Ohio for facilitating and cosponsoring Mr. Speaker, the biography of Senator Mr. Speaker, the distinguished gen- this resolution. His support has been Revels reveals how, having been born tlewoman from Texas (Ms. EDDIE BER- critical in bringing this resolution to to free parents in 1827, he pursued a ca- NICE JOHNSON) has noted that the 1990 the floor so quickly. reer of religious work in several States, edition was dedicated to Representa- I also thank my 43 other distin- including my own State of Maryland. tive Mickey Leland of Texas, a col- guished cosponsors, including the gen- Settling in Mississippi after the Civil league with whom I had the honor of tlewoman from Texas (Ms. EDDIE BER- War, Revels won election to the State serving. NICE JOHNSON), the Chair of the Con- senate. After his colleagues sent him to gressional Black Caucus, who hopefully Washington to complete Jefferson b 1030 will be here in just a few minutes; the Davis’ term in the United States Sen- He perished in a plane crash in Au- entire caucus membership; and the ate, an irony that I am sure is not lost gust 1989 while on a humanitarian mis- gentleman from Oklahoma (Mr. on any of the readers of this biography, sion in Africa. WATTS), chairman of the House Repub- some Senators bitterly opposed his The gentlewoman has suggested that lican Conference himself, and a distin- seating, arguing, among other things, this next edition be dedicated to our guished African American, who have that he did not meet the 9-year citizen- late colleague Julian Dixon who died cosponsored this legislation. ship requirement, having just secured just last December, shocking and sad- The first edition of Black Americans full citizenship with the ratification of dening us all after 22 years of service in in Congress, Mr. Speaker, was pub- the 14th Amendment in 1868. this House. It was my privilege to serve

VerDate 21-MAR-2001 23:10 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.009 pfrm02 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1019 with him for almost two decades. He Congressional Black Caucus, an out- The opportunities are possible, and was a wonderful human being and a standing leader in the State Senate in with a documentation of this sort I feel great Member of this body. I cannot Texas for many years, and an out- that it will be a major part of libraries think of a more appropriate thing to standing leader in this House. She is throughout this country so that there do. not only a Texas leader, she is a na- will be a bright future planned for, Mr. Speaker, I know that the gen- tional leader as well. worked for, thought about, and tleman from Ohio (Mr. NEY) joins me Mr. Speaker, I yield 5 minutes to the achieved by those who feel perhaps now in that sentiment. Mr. Speaker, I urge distinguished gentlewoman from Texas that the opportunity simply is not the House to support the motion. (Ms. EDDIE BERNICE JOHNSON). there. They need to know their history, Mr. Speaker, I reserve the balance of Ms. EDDIE BERNICE JOHNSON of and I thank my colleagues very much my time. Texas. Mr. Speaker, as chair of the for supporting this resolution that will Mr. NEY. Mr. Speaker, I yield myself Congressional Black Caucus, I am hon- further document that history and such time as I may consume. ored to urge the passage of H. Con. Res. progress. Mr. Speaker, I obviously would con- 43 which authorizes the revised print- Mrs. CAPITO. Mr. Speaker, I reserve cur, and I have no objection to the vol- ing of the House document entitled the balance of my time. ume being dedicated to our late col- ‘‘Black Americans in Congress.’’ Mr. HOYER. Mr. Speaker, I yield my- league from California, Julian Dixon, I want to thank the gentleman from self such time as I may consume. in honor of the tremendous 22 years of Maryland for his foresight and leader- Mr. Speaker, our next speaker is a his life that he and his family give in ship on this issue; and also the gen- member of the Committee on House distinguished service to this chamber tleman from Ohio (Mr. NEY), the chair- Administration who has served with and to citizens across the country. man of the Committee on House Ad- great distinction, a leader in one of the I think we all recognize that his con- ministration. I know the gentleman great cities of the world in which we tribution was absolutely tremendous, from Ohio has many obligations which articulated so compelling our belief well respected, and we all miss not hav- touch and concern the efficient man- that all men were created equal. We did ing Julian Dixon with us. I do agree agement and operation of this institu- not live up to the reality of that state- with that. tion. I want to thank the gentleman ment, as compelling and profound as it Mr. Speaker, I ask unanimous con- for including the important task of up- was, because I think we did not realize sent that the gentlewoman of West Vir- dating this book as a part of his mis- the full ramifications of what we said. ginia (Mrs. CAPITO) control the remain- sion. It took Martin Luther King and thou- der of my time. Mr. Speaker, I ask that if this resolu- sands of other courageous African The SPEAKER pro tempore (Mr. tion is approved, that the revised Americans to call our attention to the LATOURETTE). Without objection, the version be dedicated to my friend and shortcomings between our actions and time allocated to the gentleman from colleague, Representative Julian our words. Ohio (Mr. NEY) will be controlled by Dixon, who passed away 3 months ago. Mr. Speaker, I yield such time as he the gentlewoman from West Virginia As we know since the original printing may consume to the gentleman from (Mrs. CAPITO). Pennsylvania (Mr. FATTAH), who has There was no objection. of this book, 40 new African-American Mrs. CAPITO. Mr. Speaker, I yield Members of Congress have walked been a great leader and a great sup- myself such time as I may consume. through these hallowed halls. Many porter on the Committee on House Ad- Mr. Speaker, the last version of this Members who are here now were not ministration. publication, the 1990 edition, contained here when the book was first printed, Mr. FATTAH. Mr. Speaker, let me biographical information on 66 African including myself. thank the gentleman from Maryland, Americans who served in the House and Mr. Speaker, our being here is not an the ranking member, and let me quick- Senate, from 1870 through 1990. The up- individual accomplishment, it is a tes- ly state that I support this resolution. dating of this publication will allow tament to a people. African Americans I think it is important. I am a Member Members, scholars and the public ac- in this country have gone from chains that has served in a number of capac- cess to information on every African to Congress, from auction block to ities, on the Committee on House Ad- American to ever serve in Congress, in- Wall Street, from segregation to Sil- ministration, the Committee on Stand- cluding the 40 Members who have en- icon Valley. African Americans have ards of Official Conduct, both commit- tered the House and Senate after the been a moving and integral force in the tees which really serve this institution; printing of the last edition of this history and development of this coun- and I think all of us have a responsi- book. try, and we will continue to press for- bility to serve the institution and not The first African-American Member ward. As members of the Congressional just serve our own districts and our of Congress, Hiram Rhodes Revels of Black Caucus, our motto has always own needs. Mississippi, served in the Senate dur- been ‘‘No permanent friends, no perma- Part of that service is that this insti- ing the 41st Congress. Since that time, nent enemies, just permanent issues.’’ tution has to be respectful of its own more than 100 other distinguished Afri- This motto encompasses our goal of history and it is important given the can-American legislators have served ensuring that every American can 13,000 or so individuals who have served in the Congress. It is appropriate that, enjoy the blessings of peace and pros- in the House, and some number close to as we start the first Congress of this perity. It is not a utopian ideal or an a hundred who have been African new millennium, that we recognize the insurmountable hurdle. It is the con- Americans, I think it is important that service of African-American Members, crete realization of Dr. Martin Luther this book document the life and work and I urge my colleagues to support King’s message when he said that we of African-American Members. It the passage of H. Con. Res. 43. are trying to make America true to its should be updated. It would be impor- Mr. Speaker, I reserve the balance of promise. tant for students all across the globe my time. The individual stories in this book who study the United States Congress Mr. HOYER. Mr. Speaker, I yield 1 are a tribute to those who have worked to read the stories of people like my minute to myself simply to introduce toward fulfilling America’s promise. predecessor, the Congressman from the the next speaker. Their struggles serve as a road map to second district, William H. Gray, who I indicated that we are passing this guide us forward in our struggle to- rose to be the highest ranking African resolution today, and next week I ex- gether as a people and as a Nation. American at that time to serve in the pect the House will pass a resolution Mr. Speaker, I thank the gentleman Congress; to learn about the gentleman sponsored by the gentlewoman from from Maryland (Mr. HOYER) for spon- from Oklahoma (Mr. WATTS) and his Ohio (Ms. KAPTUR) and co-sponsored by soring this legislation once again, and leadership in the majority party; to un- every other woman Member of the say once again that it is important derstand the legacy of an Adam Clay- House to recognize the contribution of that young people of African-American ton Powell who passed into law more women. descent and even new immigrants must measures which have an impact on tens We have a distinguished African- understand that they are role models of millions of Americans than any of us American woman who now chairs the and they can achieve, they can aspire. could talk about on a day on this floor,

VerDate 21-MAR-2001 23:10 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.025 pfrm02 PsN: H21PT1 H1020 CONGRESSIONAL RECORD — HOUSE March 21, 2001 from Head Start to the minimum wage African American, a freed slave, went contribution to this body, and to en- law. It would be helpful for people who to the floor of the House to be able to hancing the history of the contribution want to study this institution to know speak to his colleagues in a very dra- of African Americans to the House and that there was a time in which African- matic but sad way. For at that time as to this country. American Members who served here Jim Crow raised his head, George Mr. Speaker, in closing, let me thank could not eat in the Member’s dining White, the last African American, went the gentlewoman from West Virginia room, could not check into a hotel in to the floor to say good-bye for his seat (Mrs. CAPITO) for her contribution to this city, and nonetheless came to this no longer existed, but he indicated that this debate and her participation in floor and worked on committees and the Negro, like the Phoenix, would rise passing this resolution, and again to championed the causes of their dis- again. thank the gentleman from Ohio (Mr. tricts and helped move this Nation to- Mr. Speaker, it took some 30 years NEY), the chairman of the Committee wards a more perfect Union. before Oscar De Priest came to this on House Administration, and his staff Mr. Speaker, I want to thank my col- House, and it had to be done with col- for working so diligently to ensure the league for authoring this resolution to laboration with other Members, to be rapid passage of this resolution. update and revise this historical docu- sure that he could be seated. Mr. KIND. Mr. Speaker, I rise in support of ment that is reflective of the life and I would simply say, and I thank the the resolution brought by my good friend from legacy of so many who have served, and gentleman for the time, that that is a Maryland. moreover for the tens of millions of history that is rich and it is a history Last year, Mr. HOYER and former Chairman people whom they have represented that is deep and should be told. And as THOMAS helped move a bill of mine through here in the halls of Congress. I urge all we moved into the 1940s and 1950s, more their committee and onto the floor which au- of my colleagues to support the resolu- African Americans came to the United thorized the preservation of veterans’ war tion. States Congress with their respective memories through an interactive archive at the Mrs. CAPITO. Mr. Speaker, I reserve histories. I believe it is appropriate as Library of Congress. I was pleased that my the balance of my time. we have grown, not for any self-en- colleagues here in the House, as well as Mr. HOYER. Mr. Speaker, I yield my- hancement, but to be able to show the those in the Senate, approved the Veterans self such time as I may consume. world and not just America that we are Oral History Project unanimously. The bill was Mr. Speaker, I have one additional truly a democracy and this is the peo- signed into law last October; a fitting tribute to speaker, the distinguished representa- ple’s House. the contributions and sacrifices of our war vet- tive from Texas who has the distinct Tragically in this century or at least erans. honor of succeeding Barbara Jordan in these last decades, we have had one We are now here to authorize a measure to and Mickey Leland in representing Senator and previously a Senator that acknowledge the special contributions of their district of Texas. served in the 1960s and 1970s and I be- Members of our own body. Many of the Afri- Barbara Jordan was one of the most lieve early eighties, Senator Brooks, can-American Representatives elected to this compelling and articulate voices on be- and so we have not done as well in the House over the decades have been pioneers half of the Constitution of the United United States Senate, but I am grati- in their own times, and updating the book that States and the principles that it set fied for this rendition that will pay recognizes this unique group of elected lead- forth. tribute again to the Honorable Barbara ers is a wise and worthy investment on our Mr. Speaker, I yield 2 minutes to the Jordan, who eloquently stated her be- part. gentlewoman from Texas (Ms. JACK- lief in this democracy during the im- History must accurately reflect the efforts of SON-LEE). peachment hearings of 1974; and of African-American leaders elected to national Ms. JACKSON-LEE of Texas. Mr. course eloquently acknowledged the office, efforts which, at various times and loca- Speaker, I thank the distinguished gen- deep love of this institution of Con- tions in this country, were heroic in the face of tleman from Maryland and I thank the gressman Mickey Leland, who was the both quiet and overt racism and bigotry. members of the majority for assisting founder and organizer of the Select This bill will assist historians and students of in bringing this legislation to the floor Committee on Hunger, and lost his life history to understand the who and what of Af- and for the bipartisan aspect of this trying to serve those who were less for- rican-Americans running and winning national legislation. tunate than he. office, so that each American can reflect on Mr. Speaker, I think that there are the how and why. many things that the House can con- b 1045 Again, I applaud my good friend from Mary- vene to do, and in many instances We now come forward and, hopefully, land for this effort at preserving this body’s there is vigorous debate because that is Julian Dixon, who we have lost, who and this Nation’s valuable history. And I look what democracy is all about. I am very will be honored and many, many others forward to the updated copy of this valuable proud to be able to stand today to add already served with such distinction. book. support to the leadership of the gen- This is an excellent contribution to the Mrs. CHRISTENSEN. Mr. Speaker, I am tleman from Maryland (Mr. HOYER) on history of this great body. This brings honored today to rise in support of H. Con. this legislation and many others, and us closer together. Res. 43, a bill authorizing the printing of a re- proud to be an original co-sponsor of Although we realize we differ on vised and updated version of the House docu- legislation that brings dignity to the opinions on many issues, it is certainly ment entitled ‘‘Black Americans in Congress, service of so many Americans. a fine moment in this Congress, I say 1870–1989.’’ I would also like to thank my col- After the Emancipation Proclama- to the gentleman from Maryland (Mr. league and friend, Congressman STENY tion and reconstruction began, the best HOYER), when we can come together to HOYER for introducing this very important and and the brightest of the then-free celebrate or commemorate the very critical measure. slaves rose up to be governors and Sen- few African Americans that have Mr. Speaker, with the convening of the ators and Members of Congress. It was served and expressed their love of this 107th Congress, a total of 106 African-Ameri- not an easy time for them and they country representing not only African cans have been elected to the Congress in were not given in many instances the Americans and their respective dis- the history of this nation; 4 in the Senate and appropriate recognition, but they tricts but representing all of America. 102 in the House. In addition to these 106, served in this august body, a body that Mr. Speaker, I want to thank the au- John W. Menard (R–LA) won a disputed elec- when you bring guests to walk through thors of the legislation and commend tion in 1868 but was not permitted to take his the halls, they are in awe at the his- those who will eventually have the op- seat in Congress. Whereas, the number of Af- tory and respect of this institution. portunity to peruse and read this docu- rican-Americans who have served in Congress Those African Americans who served ment of history, a good reading and over the past 130 years (1870–2001) has during reconstruction were in many in- good history. been small, our contribution has been enor- stances described in ugly terms, and Mr. HOYER. Mr. Speaker, I yield my- mous and invaluable to our society. It is im- yet they were lawyers and teachers and self such time as I may consume. portant to continue to preserve our contribu- property owners in some instances. Mr. Speaker, I thank the gentle- tions and legacies to this institution because And they served at the very best. It woman from Texas (Ms. JACKSON-LEE) although we have remained few in numbers, was then in 1901 that George White, an for her very cogent comments, for her our presence and work continues to be heard

VerDate 21-MAR-2001 23:22 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\K21MR7.012 pfrm02 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1021 throughout the halls of Congress. Individually In 1944, Adam Clayton Powell, Jr. was gress to revise and update this volume. It will and collectively, under the direction of the elected Congressman in Harlem, New York. be a tremendous resource for Members, Congressional Black Caucus, our work has For the first time since 1891 there was more scholars, students and others. and continues to affect individuals throughout than one black representative in the House. Mr. HOYER’S action on behalf of this meas- the nation and the world. Our dear and be- In 1950, there was another breakthrough for ure is evidence of how far our nation has loved colleague, Congressman Micky Leland black representation when Representative Wil- come. When the Voting Rights Act was signed was a great humanitarian, who championed liam Dawson (R–Il) gained enough seniority to into law by President Johnson in 1965, there the cause to end hunger in Ethiopia. His life become the first black to chair a standing were five African Americans in Congress. was tragically cut short in a plane crash in the committee, the Government Operations Com- Today, there are nearly 40. mountains of Ethiopia. The late Congressman mittee. We have come a long way, but our work is Julian Dixon who pursued his long-time in- In 1960, Powell became Chairman of the not yet done. This past election has illustrated volvement in ensuring the nation’s commit- more important Education and Labor Com- the need for us to reform our democracy. ment to civil rights through his advocacy for mittee. Never again should we be forced to relive the the Equal Employment Opportunities Commis- Another breakthrough came in 1966 when civil rights battles fought so long ago. The sion, the U.S. Commission on Civil Rights, Edward W. Brooke was elected as a Repub- events of the 2000 Presidential Election was a and the Community Relations Service. Former lican Senator from Massachusetts, a state potent reminder of a legacy of disenfranchise- Representative Louis Stokes distinguished whose population was less than 3 percent Af- ment that we believed existed only in the an- himself as the leader and founder of the Con- rican-American. Brooke served until his defeat nals of our nation history. gressional Black Caucus Health Braintrust, in 1978. The election of African Americans to Con- whose purpose is to address and eliminate African-American Women in Congress gress was the result of the dedication of many health disparities. Representative JOHN CON- In 1968, Shirley Chisolm (D–NY) became of those commemorated in the publication YERS, who is the second longest serving Mem- the first African-American woman to serve in Black Americans in Congress. Revising and ber of Congress and the longest serving Afri- the House. She served in the 91st through the updating this publication speaks symbolically can-American member of the Congress in 97th Congresses (1969–1983). Since that to the continued struggle not only to maintain U.S. History, continues to work on behalf of time, 20 other African-American women have the right to vote, but to ensure that all votes social justice and economic opportunity. These been elected. are counted once cast. are just some of the historical contributions of In 1992, Carol Moseley Braun (D–Il) be- Mr. CONYERS. Mr. Speaker, I rise today in African-Americans to the U.S. Congress. came the first African-American woman and support of H. Con. Res. 43, legislation to au- Mr. Speaker, it is important that we continue the first African-American Democrat to serve thorize printing of a revised and updated to document the work and accomplishments of in the Senate. version of the book ‘‘Black Americans in Con- African-Americans in Congress by updating Rep. Barbara Jordan (D–Tx) became the gress, 1870–1989.’’ This volume is an impor- the document entitled ‘‘Black Americans in first African-American woman from the South tant chronicle of the history of the United Congress, 1870–1989.’’ This document con- to serve in Congress. States Congress, and the diversity that has made up this Congress for over one hundred tains invaluable information for children across Party Affiliation years. the nation, especially children of African-Amer- The majority of African-American Members ican descent. I encourage my colleagues to The printing of an updated version of ‘‘Black have been Democrats. There have been 78 Americans in Congress’’ will serve as an edu- support this bipartisan measure. African-American Democrats and 27 African- Ms. KILPATRICK. Mr. Speaker, first I would cational and historical reference for all Ameri- American Republicans. African-American cans. We must never forget that there were like to thank the University of Akron’s Political members of Congress have served on all Resources Page and the Congressional Re- Black Members of this Congress in 1870, just major committees. Sixteen have served as five years after the end of slavery. We must search Service both of whom were very help- committee chairmen, 15 in the House and one ful in helping me acquire this information. not hesitate to teach our children that there in the Senate. were, at one time, Members of Congress who I. HISTORICAL BACKGROUND II. CLOSING had barely secured their own right to vote. As African-Americans in Congress Mr. Speaker, the list of great African-Amer- we continue to work towards the promise of Of the more than 11,000 representatives in ican leaders could go on and on. And it is our democratic system, it becomes even more U.S. Congress since 1789, there have been continually growing. relevant to recognize those past Members of 105 black Members of Congress. 101 elected Take a look around this very body and you Congress who struggle, in sometimes hostile to the House and four to the Senate. will see a new generation of African-American environments, to serve our country. Special Most of these members entered the institu- leaders who serve the American people. I em- thanks go to my good friend STENY HOYER tion in two distinct waves. The first wave start- phasize this point because the African-Amer- and the Members of the Administration Com- ed during Reconstruction. The first black ican struggle for rights has benefited all Ameri- mittee who have shown such leadership on Member of Congress was Hiram Rhodes Rev- cans. Whether they be poor, women, minority this important issue. As a founding member els (R–Ms) who served in the Senate during or disabled, all Americans have benefited from and Dean of the Congressional Black Caucus, the 41st Congress (1870). The first black our attempt to make our democracy account- I encourage the House to pass this resolution. Member of the House was Joseph H. Rainey able to all of its citizens. It is important that we Mr. BACA. Mr. Speaker, I strongly support, (R–SC). He also served in the 41st Congress. recognize the contribution of African American and encourage my colleagues to support, the A total of 22 blacks who were in Congress Members of Congress and their service to the authorization of a revised and updated printing came from states with high black popu- American people. It’s important that we cap- of the House Document ‘‘Black Americans in lations—the former slave states of the South. ture the rich lessons of their lives which will in- Congress, 1870–1989’’. The achievement of From 1870 to 1897 South Carolina elected spire generations to come. African-Americans here in Congress is truly eight blacks to the House. I have joined more than 40 of our col- remarkable and should be accurately docu- Mississippi and Louisiana each elected one leagues in cosponsoring a concurrent, bipar- mented for history. black to the House. tisan resolution for the printing of a revised In total, 103 African-Americans have taken Between the Fifty-second and Fifty-sixth edition of the House document entitled, ‘‘Black their place in United States history as Con- Congresses (1891–1901) there was only one Americans in Congress, 1870–1989.’’ gressional leaders. Their constituents know black member per session. The latest edition of this work, published in that they have and will continue to work to en- Four former slave states—Arkansas, Ten- 1990, contains brief biographies, photographs sure that all citizens are represented equally nessee, Texas, and West Virginia—never and other important historical information and fairly. African-American Members of Con- elected any black representative during the about the 66 distinguished African Americans gress continually strive to make sure that no Reconstruction era despite very sizable black who had served in either chamber of Con- one is left behind in this great nation. populations. gress as of January 23, 1990. Since that time, The Congressional Black Caucus has an il- Second Wave of Blacks in Congress another 40 distinguished African Americans lustrious history, which includes efforts such The second wave began in 1928 with the have served. as civil rights demonstrations and boycotts, a election of Republican Oscar DePriest from an On the heels of this past February’s national successful campaign for enactment of the inner-city Chicago District. He was defeated in celebration of Black History Month, I encour- Martin Luther King, Jr. national holiday, sanc- 1934 by Arthur Mitchell, the first black Demo- age my colleagues to support this important tions against apartheid in South Africa, and crat elected to Congress. resolution, which directs the Library of Con- support for democracy in Haiti. In particular, I

VerDate 21-MAR-2001 02:21 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\A21MR7.005 pfrm01 PsN: H21PT1 H1022 CONGRESSIONAL RECORD — HOUSE March 21, 2001 want to thank the members of the Black Cau- may have 5 legislative days within (23) Section 36(e) of the Science and Engi- cus who have repeatedly visited my district, which to revise and extend their re- neering Equal Opportunities Act (42 U.S.C. 1885c(e)). namely MAXINE WATERS, SHEILA JACKSON-LEE, marks and include extraneous material (24) Section 37 of the Science and Engineer- JOHN CONYERS, JUANITA MILLENDER-MCDON- on H. Con. Res. 43. The SPEAKER pro tempore. Is there ing Equal Opportunities Act (42 U.S.C. 1885d). ALD, former Rep. Alan Wheat, former Rep. (25) Section 108 of the National Science Mervyn Dymally, former Rep. Ron Dellums, objection to the request of the gentle- Foundation Authorization Act for Fiscal the late former Rep. Augustus Hawkins, and woman from West Virginia? Year 1986 (42 U.S.C. 1886). the late Julian Dixon. These members have There was no objection. (26) Section 101(a)(3) of the High-Perform- helped encourage African-American political f ance Computing Act of 1991 (15 U.S.C. activism in the Inland Empire. PREVENTING ELIMINATION OF 5511(a)(3)). (27) Section 3(a)(7) and (f) of the National More importantly, African-American Con- CERTAIN REPORTS gressmen and women are role models for Science Foundation Act of 1950 (42 U.S.C. Mr. GRUCCI. Mr. Speaker, I move to 1862(a)(7) and (f)). youth who can better identify with people who suspend the rules and pass the bill (28) Section 7(a) of the National Science look and think as they do. Representative Bar- (H.R. 1042) to prevent the elimination Foundation Authorization Act, 1977 (42 bara Jordan embodies this. She represented of certain reports, as amended. U.S.C. 1873 note). Houston, Texas and articulated with skill and The Clerk read as follows: (29) Section 16 of the Federal Fire Preven- tion and Control Act of 1974 (15 U.S.C. 2215). knowledge the needs of not only African- H.R. 1042 Americans but also other minority commu- Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Pursu- nities. Among her legislative achievements resentatives of the United States of America in ant to the rule, the gentleman from was an amendment to the Voting Rights Act, Congress assembled, New York (Mr. GRUCCI) and the gentle- which provided for the printing of bilingual bal- SECTION 1. REPORTS. woman from Texas (Ms. JACKSON-LEE) lots. Section 3003(a)(1) of the Federal Reports each will control 20 minutes. Oscar DePriest was the first Black Con- Elimination and Sunset Act of 1995 (31 U.S.C. The Chair recognizes the gentleman gressman in the twentieth century. When he 1113 note) does not apply to any report re- from New York (Mr. GRUCCI). took his seat, he was the only Black member quired to be submitted under any of the fol- lowing provisions of law: GENERAL LEAVE in the chamber. Adam Clayton Powell, a mag- (1) Section 801(b) and (c) of the Department Mr. GRUCCI. Mr. Speaker, I ask nificent orator, was both a Congressman and of Energy Organization Act (42 U.S.C. 7321(b) unanimous consent that all Members a Pastor. He understood the needs of Blacks and (c)). may have 5 legislative days within in his district because he spoke to them and (2) Section 822(b) of the National Defense which to revise and extend their re- more importantly, listened to them every week. Authorization Act for Fiscal Years 1992 and marks and insert extraneous material He served 11 terms in Congress and was 1993 (42 U.S.C. 6687). on H.R. 1042, as amended. chair of the influential Education and Labor (3) Section 7(a) of the Marine Resources The SPEAKER pro tempore. Is there and Engineering Development Act of 1966 (33 Committee. New York’s Shirley Chisolm was U.S.C. 1106(a)). objection to the request of the gen- the first female elected to Congress and (4) Section 206 of the National Aeronautics tleman from New York? fought fervently for the Title I program that and Space Act of 1958 (42 U.S.C. 2476). There was no objection. benefited disadvantaged children throughout (5) Section 404 of the Communications Sat- Mr. GRUCCI. Mr. Speaker, I yield the country. This is a very abbreviated list of ellite Act of 1962 (47 U.S.C. 744). myself such time as I may consume. accomplished public servants who gave their (6) Section 205(a)(1) of the National Critical Mr. Speaker, last year, the Federal time and talent for the benefit of all Ameri- Materials Act of 1984 (30 U.S.C. 1804(a)(1)). Reports Elimination and Sunset Act of (7) Section 17(c)(2) of the Stevenson-Wydler 1995 went into effect, eliminating all cans. Technology Innovation Act of 1980 (15 U.S.C. The working legacy of these remarkable 103 3711a(c)(2)). reports to Congress contained in House African-Americans must be preserved. We (8) Section 10(h) of the National Institute Document 103–7. The law was intended must recognize their service as well as the of Standards and Technology Act (15 U.S.C. to alleviate the amount of paperwork service of the current African-American Mem- 278(h)). agencies are required to produce. bers of Congress. They continue the struggle (9) Section 212(f)(3) of the National Insti- However, included in the hundreds of for freedom, equality, and full-representation tute of Standards and Technology Authoriza- reports eliminated, the Committee on tion Act for Fiscal Year 1989 (15 U.S.C. for all as guaranteed by our Constitution. We Science identified 29 contained in H.R. 3704b(f)(3)). 1042 that are relevant to its oversight must honor their struggle. That is why I sup- (10) Section 11(g)(2) of the Stevenson- port, and I ask my colleagues to support, the Wydler Technology Innovation Act of 1980 (15 responsibilities. Included in these are updating of this important house document. U.S.C. 3710(g)(2)). the National Science Foundation’s Mr. HOYER. Mr. Speaker, I yield (11) Section 5(d)(9) of the National Climate Science Indicators; a biennial report back the balance of my time. Program Act (15 U.S.C. 2904(d)(9)). from the President on activities of all Mrs. CAPITO. Mr. Speaker, I yield (12) Section 7 of the National Climate Pro- agencies in the field of marine science; back the balance of my time. gram Act (15 U.S.C. 2906). an annual report on the National Tech- The SPEAKER pro tempore (Mr. (13) Section 703 of the Weather Service nology Information Service and its ac- Modernization Act (15 U.S.C. 313 note). tivities; updates to the National Earth- LATOURETTE). The question is on the (14) Section 118(d)(2) of the Federal Water motion offered by the gentleman from Pollution Control Act (33 U.S.C. 1268(d)(2)). quake Hazards Reductions Program; Ohio (Mr. NEY) that the House suspend (15) Section 304(d) of the Federal Aviation and an annual report on the applica- the rules and agree to the concurrent Administration Research, Engineering, and tion of new technologies to reduce air- resolution, H. Con. Res 43. Development Authorization Act of 1992 (49 craft noise levels. The question was taken. U.S.C. 47508 note). These and other reports in H.R. 1042 The SPEAKER pro tempore. In the (16) Section 2367(c) of title 10, United will continue to provide constructive opinion of the Chair, two-thirds of States Code. evaluation tools for the committee and those present have voted in the affirm- (17) Section 303(c)(7) of the Federal Prop- the agencies producing them. erty and Administrative Services Act of 1949 In the 106th Congress, the House ative. (41 U.S.C. 253(c)(7)). Mrs. CAPITO. Mr. Speaker, on that I (18) Section 102(e)(7) of the Global Change passed H.R. 3904 under suspension and demand the yeas and nays. Research Act of 1990 (15 U.S.C. 2932(e)(7)). by voice vote. Unfortunately, the Sen- The yeas and nays were ordered. (19) Section 5(b)(1)(C) and (D) of the Earth- ate ran out of time after the bill was The SPEAKER pro tempore. Pursu- quake Hazards Reduction Act of 1977 (42 cleared for passage and failed to be en- ant to clause 8 of rule XX and the U.S.C. 7704(b)(1)(C) and (D)). acted into law. Less one report, H.R. Chair’s prior announcement, further (20) Section 11(e)(6) of the Stevenson- 1042 is identical to H.R. 3904 passed last proceedings on this motion will be Wydler Technology Innovation Act of 1980 (15 year. It is a noncontroversial legisla- U.S.C. 3710(e)(6)). tion, and I urge its passage. postponed. (21) Section 2304(c)(7) of title 10, United f States Code, but only to the extent of its ap- Mr. Speaker, I reserve the balance of my time. GENERAL LEAVE plication to the National Aeronautics and Space Administration. Ms. JACKSON-LEE of Texas. Mr. Mrs. CAPITO. Mr. Speaker, I ask (22) Section 4(j)(1) of the National Science Speaker, I yield myself such time as I unanimous consent that all Members Foundation Act of 1950 (42 U.S.C. 1863(j)(1)). may consume.

VerDate 21-MAR-2001 01:22 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.009 pfrm02 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1023 Mr. Speaker, I rise to support the Other reports deal with satellites, (H.R. 1098) to improve the recording Committee on Science bill H.R. 1042, a with critical technologies, with earth- and discharging of maritime liens and bill to prevent the elimination of cer- quakes and with technology transfer. expand the American Merchant Marine tain government reports. Mr. Speaker, this information is too Memorial Wall of Honor, and for other Mr. Speaker, the task of the Com- important not to be made public. We, purposes. mittee on Science and obligation is to therefore, support this legislation; and The Clerk read as follows: oversee a number of technical and sci- I would ask my colleagues to support H.R. 1098 entific aspects of our government’s the passage of H.R. 1042. Be it enacted by the Senate and House of Rep- business. In order to do so, we are en- Mr. Speaker, I yield back the balance resentatives of the United States of America in hanced or helped by the important re- of my time. Congress assembled, ports that we have been receiving over Mr. GRUCCI. Mr. Speaker, I include SECTION 1. SHORT TITLE. the years. the following letter from the gen- This Act may be cited as the ‘‘Maritime This legislation helps to correct an tleman from Utah (Mr. HANSEN), chair- Policy Improvement Act of 2001’’. error that eliminated the reporting of man of the Committee on Resources, SEC. 2. TABLE OF CONTENTS. or providing of such reports. I am rep- for the RECORD: The table of contents for this Act is as fol- resenting the interests of the entire HOUSE OF REPRESENTATIVES, lows: Congress as I speak, but especially the COMMITTEE ON RESOURCES, Sec. 1. Short title. interests of the Committee on Science. Washington, DC, March 20, 2001. Sec. 2. Table of contents. This bill, should it pass both Houses Hon. SHERWOOD L. BOEHLERT, Sec. 3. Vessel COASTAL VENTURE. and be signed into law, would stop the Chairman, Committee on Science, Rayburn Sec. 4. Expansion of American Merchant HOB, Washington, DC. Marine Memorial Wall of elimination of valuable reports that DEAR MR. CHAIRMAN: I have just reviewed are produced by agencies at the direct Honor. the text of H.R. 1042, to prevent the elimi- Sec. 5. Discharge of agricultural cargo res- request of Congress throughout the en- nation of certain reports, which is scheduled idue. tire Federal Government. to be considered by the House of Representa- Sec. 6. Recording and discharging maritime Briefly, the situation is that H.R. tives this Wednesday under suspension of the liens. 1042 was designed to address, began rules. This bill was referred exclusively to Sec. 7. Tonnage of R/V DAVIDSON. with the signing into law of the Fed- the Committee on Science. One of the re- Sec. 8. Miscellaneous certificates of docu- eral Reports Elimination Sunset Act of ports to Congress proposed to be restored is mentation. found in section 7(a) of the Marine Resources Sec. 9. Exemption for Victory Ships. 1995. This legislation was one of the ac- and Engineering Development Act of 1966. tions taken in the first year after the Sec. 10. Certificate of documentation for 3 Based on recent referrals of bills, the Com- barges. Republicans took over that now ap- mittee on Resources has primary jurisdic- Sec. 11. Certificate of documentation for the pears to be excessive. tion of the National Sea Grant College Pro- EAGLE. This bill eliminated every report list- gram which is part of the Marine Resources Sec. 12. Waiver for vessels in New World ed in a document reports to be made to and Engineering Development Act of 1966. Challenge Race. Congress in the 103rd Congress, which The Committee on Science has received se- Sec. 13. Vessel ASPHALT COMMANDER. quential referrals of bills which reauthorize was virtually every statutorily re- SEC. 3. VESSEL COASTAL VENTURE. appropriations for the Sea Grant program. quired report to Congress. Some re- See H.R. 437 (105th Congress) and H.R. 1175 Section 1120(g) of the Coast Guard Author- porting requirements were arguably (104th Congress). ization Act of 1996 (Public Law 104–324; 110 obsolete, but these reports contained The Committee on Resources supports the Stat. 3978) is amended by inserting ‘‘COAST- much of the information that the exec- restoration of this report to Congress and AL VENTURE (United States official num- utive branch supplies to Congress, thanks Congressman Grucci for including it ber 971086),’’ after ‘‘vessels’’. ranging from the annual budget docu- in his bill. We have no objection to the con- SEC. 4. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL WALL OF ments to reports on the functioning of sideration of H.R. 1042 on the Floor this week but ask that this letter be included as part of HONOR. specific government programs. the debate to register our jurisdictional in- (a) FINDINGS.—The Congress finds that— These reports go to the heart of exec- terest. (1) the United States Merchant Marine has utive branch accountability and Con- Thank you for your leadership in ensuring served the people of the United States in all gress oversight responsibilities. It is that Congress has adequate information on wars since 1775; hard to fathom how Congress could do the programs it supports and I look forward (2) the United States Merchant Marine its job of reviewing executive branch to working with you in the coming months served as the Nation’s first navy and de- on legislation of mutual interest. feated the British Navy to help gain the Na- activities and making intelligent and tion’s independence; legislative decisions without current Sincerely, JAMES V. HANSEN. (3) the United States Merchant Marine detailed information on many of those Mr. Speaker, I yield back the balance kept the lifeline of freedom open to the allies subjects. of the United States during the Second H.R. 1042 prevents the elimination of of my time. World War, making one of the most signifi- 29 reports within the jurisdictional The SPEAKER pro tempore. The cant contributions made by any nation to areas covered by the Committee on question is on the motion offered by the victory of the allies in that war; Science. These range from the National the gentleman from New York (Mr. (4) President Franklin D. Roosevelt and Energy Policy Plan, which obviously at GRUCCI) that the House suspend the many military leaders praised the role of the rules and pass the bill, H.R. 1042, as United States Merchant Marine as the this juncture in our history is enor- ‘‘Fourth Arm of Defense’’ during the Second mously important, and I serve on the amended. The question was taken. World War; Subcommittee on Energy, and we will The SPEAKER pro tempore. In the (5) more than 250,000 men and women be intensely reviewing how we can en- opinion of the Chair, two-thirds of served in the United States Merchant Marine during the Second World War; hance the utilization of our limited re- those present have voted in the affirm- sources, create alternative resources (6) during the Second World War, members ative. of the United States Merchant Marine faced for energy and, in general, help Amer- Mr. GRUCCI. Mr. Speaker, on that I ica continue to be successful in having dangers from the elements and from sub- demand the yeas and nays. marines, mines, armed raiders, destroyers, the right energy resources, to the An- The yeas and nays were ordered. aircraft, and ‘‘kamikaze’’ pilots; nual Report on Aeronautics and Space The SPEAKER pro tempore. Pursu- (7) during the Second World War, at least Activities, to the Annual Report of the ant to clause 8 of rule XX and the 6,830 members of the United States Merchant National Science Board. Other reports Chair’s prior announcement, further Marine were killed at sea; let Congress know how the administra- proceedings on this motion will be (8) during the Second World War, 11,000 tion is doing in such high-priority postponed. members of the United States Merchant Ma- rine were wounded, at least 1,100 of whom areas as women and minorities in f science and technology, high perform- later died from their wounds; (9) during the Second World War, 604 mem- ance computing, placement of minori- MARITIME POLICY IMPROVEMENT ACT OF 2001 bers of the United States Merchant Marine ties, women and handicapped individ- were taken prisoner; uals at the National Science Founda- Mr. LOBIONDO. Mr. Speaker, I move (10) 1 in 32 members of the United States tion, and global warming. to suspend the rules and pass the bill Merchant Marine serving in the Second

VerDate 21-MAR-2001 23:22 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.018 pfrm02 PsN: H21PT1 H1024 CONGRESSIONAL RECORD — HOUSE March 21, 2001 World War died in the line of duty, suffering edged certificate of discharge of the indebt- section 8 of the Act of June 19, 1886 (24 Stat. a higher percentage of war-related deaths edness. The Secretary shall record the cer- 81, chapter 421; 46 U.S.C. App. 289), and sec- than any of the other armed services of the tificate. tions 12106 and 12108 of title 46, United States United States; and ‘‘(2) The district courts of the United Code, the Secretary of Transportation may (11) the United States Merchant Marine States shall have jurisdiction over a civil ac- issue a certificate of documentation with ap- continues to serve the United States, pro- tion to declare that a vessel is not subject to propriate endorsement for employment in moting freedom and meeting the high ideals a lien claimed under subsection (b) of this the coastwise trade for the following vessels: of its former members. section, or that the vessel is not subject to (1) LOOKING GLASS (United States offi- (b) GRANTS TO CONSTRUCT ADDITION TO the notice of claim of lien, or both, regard- cial number 925735). AMERICAN MERCHANT MARINE MEMORIAL less of the amount in controversy or the citi- (2) YANKEE (United States official number WALL OF HONOR.— zenship of the parties. Venue in such an ac- 1076210). (1) IN GENERAL.—The Secretary of Trans- tion shall be in the district where the vessel (3) LUCKY DOG of St. Petersburg, Florida portation may make grants to the American is found, or where the claimant resides, or (State of Florida registration number Merchant Marine Veterans Memorial Com- where the notice of claim of lien is recorded. FLZP7569E373). mittee, Inc., to construct an addition to the The court may award costs and attorneys (4) ENTERPRIZE (United States official American Merchant Marine Memorial Wall fees to the prevailing party, unless the court number 1077571). of Honor located at the Los Angeles Mari- finds that the position of the other party was (5) M/V SANDPIPER (United States offi- time Museum in San Pedro, California. substantially justified or other cir- cial number 1079439). (2) FEDERAL SHARE.—The Federal share of cumstances make an award of costs and at- (6) FRITHA (United States official number the cost of activities carried out with a torneys fees unjust.’’. 1085943). grant made under this section shall be 50 (E) By adding at the end the following: (7) PUFFIN (United States official number percent. ‘‘(e) A notice of claim of lien recorded 697029). (3) AUTHORIZATION OF APPROPRIATIONS.— under subsection (b) of this section shall ex- (8) VICTORY OF BURNHAM (United There is authorized to be appropriated to pire 3 years after the date specified in the States official number 663780). carry out this section $500,000 for fiscal year notice under subsection (b) of this section. (9) R’ADVENTURE II (United States offi- 2002. ‘‘(f) This section does not alter in any re- cial number 905373). spect the law pertaining to the establish- SEC. 5. DISCHARGE OF AGRICULTURAL CARGO (10) ANTJA (State of Florida registration RESIDUE. ment of a maritime lien, the remedy pro- number FL3475MA). Notwithstanding any other provision of vided by such a lien, or the defenses thereto, (11) SKIMMER, manufactured by Contour law, the discharge from a vessel of any agri- including any defense under the doctrine of Yachts, Inc. (hull identification number cultural cargo residue material in the form laches.’’. QHG34031D001). of hold washings shall be governed exclu- (2) CLERICAL AMENDMENT.—The table of (12) TOKEENA (State of South Carolina sively by the provisions of the Act to Pre- sections at the beginning of chapter 313 of registration number SC 1602 BJ). vent Pollution from Ships (33 U.S.C. 1901 et title 46, United States Code, is amended by (13) DOUBLE EAGLE2 (United States offi- seq.) that implement Annex V to the Inter- striking the item relating to section 31343 cial number 1042549). national Convention for the Prevention of and inserting the following: (14) ENCOUNTER (United States official Pollution from Ships. ‘‘31343. Recording and discharging liens.’’. number 998174). SEC. 6. RECORDING AND DISCHARGING MARI- (b) NOTICE REQUIREMENTS.—Section 31325 of (15) AJ (United States official number TIME LIENS. title 46, United States Code, is amended as 599164). (a) LIENS ON ANY DOCUMENTED VESSEL.— follows: (16) BARGE 10 (United States official num- (1) IN GENERAL.—Section 31343 of title 46, (1) In subsection (d)(1)(B) by striking ‘‘a ber 1101368). United States Code, is amended as follows: notice of a claim’’ and inserting ‘‘an unex- (17) NOT A SHOT (United States official (A) By amending the section heading to pired notice of a claim’’. number 911064). read as follows: (2) In subsection (f)(1) by striking ‘‘a notice (18) PRIDE OF MANY (Canadian official ‘‘§ 31343. Recording and discharging liens’’. of a claim’’ and inserting ‘‘an unexpired no- number 811529). tice of a claim’’. (19) AMAZING GRACE (United States offi- (B) In subsection (a) by striking ‘‘covered (c) APPROVAL OF SURRENDER OF DOCU- cial number 92769). by a preferred mortgage filed or recorded MENTATION.—Section 12111 of title 46, United (20) SHEWHO (United States official num- under this chapter’’ and inserting ‘‘docu- States Code, is amended by adding at the end ber 1104094). mented, or for which an application for docu- the following: SEC. 9. EXEMPTION FOR VICTORY SHIPS. mentation has been filed, under chapter 121’’. ‘‘(d)(1) The Secretary shall not refuse to Section 3302(l)(1) of title 46, United States (C) By amending subsection (b) to read as approve the surrender of the certificate of Code, is amended by adding at the end the follows: documentation for a vessel solely on the following: ‘‘(b)(1) The Secretary shall record a notice basis that a notice of a claim of a lien on the ‘‘(D) The steamship SS Red Oak Victory complying with subsection (a) of this section vessel has been recorded under section (United States official number 249410), owned if, when the notice is presented to the Sec- 31343(a) of this title. by the Richmond Museum Association, lo- retary for recording, the person having the ‘‘(2) The Secretary may condition approval cated in Richmond, California.’’. claim files with the notice a declaration of the surrender of the certificate of docu- ‘‘(E) The SS American Victory (United stating the following: mentation for a vessel over 1,000 gross States official number 248005), owned by Vic- ‘‘(A) The information in the notice is true tons.’’. tory Ship, Inc., of Tampa, Florida.’’. and correct to the best of the knowledge, in- (d) TECHNICAL CORRECTION.—Section 9(c) of formation, and belief of the individual who SEC. 10. CERTIFICATE OF DOCUMENTATION FOR the Shipping Act, 1916 (46 U.S.C. App. 808(c)) 3 BARGES. signed it. is amended in the matter preceding para- (a) DOCUMENTATION CERTIFICATE.—Notwith- ‘‘(B) A copy of the notice, as presented for graph (1) by striking ‘‘Except’’ and all that standing section 12106 of title 46, United recordation, has been sent to each of the fol- follows ‘‘12106(e) of title 46,’’ and inserting States Code, and section 27 of the Merchant lowing: ‘‘Except as provided in section 611 of the Marine Act, 1920 (46 App. U.S.C. 883), and sub- ‘‘(i) The owner of the vessel. Merchant Marine Act, 1936 (46 App. U.S.C. ject to subsection (c) of this section, the Sec- ‘‘(ii) Each person that recorded under sec- 1181) and in sections 12106(e) and retary of Transportation may issue a certifi- tion 31343(a) of this title an unexpired notice 31322(a)(1)(D) of title 46,’’. cate of documentation with an appropriate of a claim of an undischarged lien on the ves- (e) EFFECTIVE DATE.—This section shall endorsement for employment in the coast- sel. take effect July 1, 2002. wise trade for each of the vessels listed in ‘‘(iii) The mortgagee of each mortgage SEC. 7. TONNAGE OF R/V DAVIDSON. subsection (b). filed or recorded under section 31321 of this (a) IN GENERAL.—The Secretary of Trans- (b) VESSELS DESCRIBED.—The vessels re- title that is an undischarged mortgage on portation shall prescribe a tonnage measure- ferred to in subsection (a) are the following: the vessel. ment as a small passenger vessel as defined (1) The former Navy deck barge JIM, hav- ‘‘(2) A declaration under this subsection in section 2101 of title 46, United States ing a length of 110 feet and a width of 34 feet. filed by a person that is not an individual Code, for the vessel R/V DAVIDSON (United (2) The former railroad car barge HUGH, must be signed by the president, member, States official number D1066485) for purposes having a length of 185 feet and a width of 34 partner, trustee, or other official authorized of applying the optional regulatory measure- feet. to execute the declaration on behalf of the ment under section 14305 of that title. (3) The former railroad car barge TOMMY, person.’’. (b) APPLICATION.—Subsection (a) shall having a length of 185 feet and a width of 34 (D) By amending subsection (c) to read as apply only when the vessel is operating in feet. follows: compliance with the requirements of section (c) LIMITATION ON OPERATION.—A vessel ‘‘(c)(1) On full and final discharge of the in- 3301(8) of title 46, United States Code. issued a certificate of documentation under debtedness that is the basis for a notice of SEC. 8. MISCELLANEOUS CERTIFICATES OF DOC- this section may be used only as a floating claim of lien recorded under subsection (b) of UMENTATION. platform for launching fireworks, including this section, the person having the claim Notwithstanding section 27 of the Mer- transportation of materials associated with shall provide the Secretary with an acknowl- chant Marine Act, 1920 (46 U.S.C. App. 883), that use.

VerDate 21-MAR-2001 23:22 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.013 pfrm02 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1025 SEC. 11. CERTIFICATE OF DOCUMENTATION FOR open. Their sacrifices and battle should and preserving American freedom. The THE EAGLE. not be forgotten by a Nation that they merchant marine served as our first Notwithstanding section 27 of the Mer- served too well. navy and defeated the British navy in chant Marine Act, 1920 (46 U.S.C. App. 883), Mr. Speaker, I am pleased to be a chapter 121 of title 46, United States Code, our fight for independence. We owe and section 1 of the Act of May 28, 1906 (46 part of this effort, and I urge all Mem- much to the brave mariners past and U.S.C. App. 292), the Secretary of Transpor- bers to support this bill present who have served in the mer- tation shall issue a certificate of documenta- Mr. Speaker, I reserve the balance of chant marine. tion with appropriate endorsement for em- my time. The American Merchant Marine Me- ployment in the coastwise trade for the ves- Mr. MCGOVERN. Mr. Speaker, I yield morial Wall of Honor located in San sel EAGLE (hull number BK—1754, United myself such time as I may consume. Pedro, California, is a symbol of the States official number 1091389) if the vessel Mr. Speaker, I rise today in strong debt we owe those who have served so is— support of H.R. 1098, the Maritime Pol- bravely. (1) owned by a State, a political subdivi- icy Improvement Act of 2001. Mr. Many of my colleagues will remem- sion of a State, or a public authority char- Speaker, this is a noncontroversial bill tered by a State; ber how the merchant marine secured (2) if chartered, chartered to a State, a po- that includes those maritime policy its place in American history during litical subdivision of a State, or a public au- provisions that had been agreed to last the Second World War. During that thority chartered by a State; year by the conferees on the Coast conflict, the 250,000 men and women in (3) operated only in conjunction with— Guard Authorization Act of 2000. the U.S. merchant marine fleet made (A) scour jet operations; or However, Mr. Speaker, as was men- enormous contributions to the even- (B) dredging services adjacent to facilities tioned, that bill was not reported from tual winning of the war, keeping the owned by the State, political subdivision, or conference due to failure to agree to a lifeline of freedom open to our troops public authority; and Senate amendment concerning the overseas and to our allies. This fleet (4) externally identified clearly as a vessel types of damages that could be award- of that State, subdivision or authority. was truly the fourth arm of defense, as ed for negligent deaths of passengers it was called by President Franklin D. SEC. 12. WAIVER FOR VESSELS IN NEW WORLD CHALLENGE RACE. on board cruise ships. That provision is Roosevelt and other military leaders. Notwithstanding section 8 of the Act of not included in this bill being consid- The members of the U.S. merchant June 19, 1886 (46 App. U.S.C. 289), beginning ered today. marine faced danger from submarines, on April 1, 2002, the 10 sailboats participating H.R. 1098 will allow for the recording mines, armed raiders, destroyers, air- in the New World Challenge Race may trans- of maritime liens on all U.S. flag ves- craft kamikazes and the elements. At port guests, who have not contributed con- sels, not just those with preferred least 6,800 mariners were killed at sea. sideration for their passage, from and around mortgages recorded with the Sec- More than 11,000 were wounded at sea. the ports of San Francisco and San Diego, retary. Of those injured, at least 1,100 later California, before and during stops of that It would clarify that the discharge of race. This section shall have no force or ef- died from their wounds. More than 600 fect beginning on the earlier of— agricultural residues from cargo tanks men and women were taken prisoner by (1) 60 days after the last competing sail- in international waters is to be regu- our enemies. In fact, 1 in 32 mariners boat reaches the end of that race in San lated under MARPOL Annex V. serving abroad merchant ships in the Francisco, California; or It would provide for the construction Second World War died in the line of (2) December 31, 2003. of an American Merchant Marine Wall duty, suffering a greater percentage of SEC. 13. VESSEL ASPHALT COMMANDER. of Honor to honor those in the U.S. war-related deaths than all other U.S. Notwithstanding any other law or agree- merchant marine who served the services. ment with the United States Government, United States in every conflict begin- Since that time, the U.S. merchant the vessel ASPHALT COMMANDER (United ning with the Revolutionary War. marine has continued to serve our Na- States official number 663105) may be trans- It allows the Coast Guard to pre- tion, promoting freedom and meeting ferred to or placed under a foreign registry scribe vessel safety operating stand- or sold to a person that is not a citizen of the the high ideals of its past members. It United States and transferred to or placed ards for World War II victory ships is fitting to honor the past and present under a foreign registry. that operate around San Francisco and members of the United States mer- Tampa. The SPEAKER pro tempore. Pursu- chant marine. That is why I introduced Mr. Speaker, passage of this bill will ant to the rule, the gentleman from the legislation. clear the slate for the committee of I am delighted at the chairman and New Jersey (Mr. LOBIONDO) and the last year’s issues related to Coast gentleman from Massachusetts (Mr. his very fine number of people that sit Guard and maritime policy. Then we on that subcommittee that he heads, MCGOVERN) each will control 20 min- can begin to look at the problems cur- utes. and I am very grateful for his honoring rently facing the Coast Guard and the The Chair recognizes the gentleman that. U.S. maritime industry to help them in I thank Chairman YOUNG, Chairman from New Jersey (Mr. LOBIONDO). the years ahead. O IONDO BERSTAR Mr. LOBIONDO. Mr. Speaker, I yield L B , and ranking member O . Mr. Speaker, I urge my colleagues to The relatives of those who served their coun- myself such time as I may consume. strongly support the passage of H.R. Mr. Speaker, I rise in strong support try as men and women merchant mariners will 1098, the Maritime Policy Improvement deeply be appreciated. So will I and all citi- of the Maritime Policy Improvement Act of 2001. Act of 2001. The provisions in this bill zens and people generally. Mr. Speaker, I yield back the balance Mr. LOBIONDO. Mr. Speaker, I yield were developed during the conference of my time. back the balance of my time. negotiations on the Coast Guard Au- Mr. LOBIONDO. Mr. Speaker, I yield The SPEAKER pro tempore. The thorization Act of 2000 but were not en- 2 minutes to the gentleman from Cali- question is on the motion offered by acted because of unrelated matters. fornia (Mr. HORN). the gentleman from New Jersey (Mr. We are aware of no controversy sur- Mr. HORN. Mr. Speaker, I rise today LOBIONDO) that the House suspend the rounding this bill and hope that the in support of H.R. 1098, the Maritime rules and pass the bill, H.R. 1098. Senate will send it to the President for Policy Improvement Act of 2001. The question was taken. his signature as soon as possible. I am particularly pleased that sec- The SPEAKER pro tempore. In the The bill contains provisions to au- tion 4 of this legislation incorporates a opinion of the Chair, two-thirds of thorize an expansion of the American bill that I introduced from the 106th those present have voted in the affirm- Merchant Marine Memorial Wall of Congress. This section authorizes the ative. Honor, to establish a new method for Secretary of Transportation to make Mr. LOBIONDO. Mr. Speaker, on that recording and discharging certain mar- grants to the American Merchant Ma- I demand the yeas and nays. itime liens, and to provide limited re- rine Veterans Memorial Committee to The yeas and nays were ordered. lief to certain vessel owners. construct an addition to the American The SPEAKER pro tempore. Pursu- Mr. Speaker, these men who braved Merchant Marine Memorial Wall of ant to clause 8 of rule XX and the enemy fire in all of our conflicts should Honor in San Pedro, California. Chair’s prior announcement, further be remembered for their actions to de- Since 1775, the maritime community proceedings on this motion will be fend freedom and keep the supply lines has played a critical role in gaining postponed.

VerDate 21-MAR-2001 23:22 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.013 pfrm02 PsN: H21PT1 H1026 CONGRESSIONAL RECORD — HOUSE March 21, 2001 GENERAL LEAVE Sec. 405. Great Lakes lighthouses. cers approved by the President and rec- Sec. 406. Coast Guard report on implementa- ommended by the board to be placed at the Mr. LOBIONDO. Mr. Speaker, I ask tion of NTSB recommenda- top of the list of selectees shall be placed at unanimous consent that all Members tions. the top of the list of selectees in the order of may have 5 legislative days within Sec. 407. Conveyance of Coast Guard prop- seniority on the active duty promotion which to revise and extend their re- erty in Portland, Maine. list.’’. marks on H.R. 1098. Sec. 408. Harbor safety committees. TITLE II—MARINE SAFETY The SPEAKER pro tempore. Is there Sec. 409. Miscellaneous conveyances. Sec. 410. Partnerships for performance of SEC. 201. EXTENSION OF TERRITORIAL SEA FOR objection to the request of the gen- VESSEL BRIDGE-TO-BRIDGE RADIO- work at Coast Guard Yard. TELEPHONE ACT. tleman from New Jersey? Sec. 411. Boating safety. There was no objection. Section 4(b) of the Vessel Bridge-to-Bridge TITLE I—PERSONNEL MANAGEMENT Radiotelephone Act (33 U.S.C. 1203(b)), is f SEC. 101. COAST GUARD BAND DIRECTOR RANK. amended by striking ‘‘United States inside b 1100 Section 336(d) of title 14, United States the lines established pursuant to section 2 of Code, is amended by striking ‘‘commander’’ the Act of February 19, 1895 (28 Stat. 672), as COAST GUARD PERSONNEL AND and inserting ‘‘captain’’. amended.’’ and inserting ‘‘United States, MARITIME SAFETY ACT OF 2001 SEC. 102. COMPENSATORY ABSENCE FOR ISO- which includes all waters of the territorial LATED DUTY. sea of the United States as described in Pres- Mr. LOBIONDO. Mr. Speaker, I move idential Proclamation 5928 of December 27, to suspend the rules and pass the bill (a) IN GENERAL.—Section 511 of title 14, United States Code, is amended to read as 1988.’’. (H.R. 1099) to make changes in laws follows: SEC. 202. PRESERVATION OF CERTAIN REPORT- governing Coast Guard personnel, in- ING REQUIREMENTS. ‘‘§ 511. Compensatory absence from duty for Section 3003(a)(1) of the Federal Reports crease marine safety, renew certain military personnel at isolated duty stations groups that advise the Coast Guard on Elimination and Sunset Act of 1995 (31 U.S.C. ‘‘The Secretary may grant compensatory 1113 note) does not apply to any report re- safety issues, make miscellaneous im- absence from duty to military personnel of provements to Coast Guard operations quired to be submitted under any of the fol- the Coast Guard serving at isolated duty sta- lowing provisions of law: and policies, and for other purposes. tions of the Coast Guard when conditions of (1) COAST GUARD OPERATIONS AND EXPENDI- The Clerk read as follows: duty result in confinement because of isola- TURES.—Section 651 of title 14, United States H. R. 1099 tion or in long periods of continuous duty.’’. Code. (b) CLERICAL AMENDMENT.—The chapter Be it enacted by the Senate and House of Rep- (2) SUMMARY OF MARINE CASUALTIES RE- analysis for chapter 13 of title 14, United resentatives of the United States of America in PORTED DURING PRIOR FISCAL YEAR.—Section States Code, is amended by striking the item Congress assembled, 6307(c) of title 46, United States Code. relating to section 511 and inserting the fol- SECTION 1. SHORT TITLE. (3) USER FEE ACTIVITIES AND AMOUNTS.— lowing: Section 664 of title 46, United States Code. This Act may be cited as the ‘‘Coast Guard ‘‘511. Compensatory absence from duty for (4) CONDITIONS OF PUBLIC PORTS OF THE Personnel and Maritime Safety Act of 2001’’. military personnel at isolated UNITED STATES.—Section 308(c) of title 49, SEC. 2. TABLE OF CONTENTS. duty stations.’’. United States Code. The table of contents for this Act is as fol- SEC. 103. ACCELERATED PROMOTION OF CER- (5) ACTIVITIES OF FEDERAL MARITIME COM- lows: TAIN COAST GUARD OFFICERS. MISSION.—Section 208 of the Merchant Ma- Sec. 1. Short title. Title 14, United States Code, is amended— rine Act, 1936 (46 App. U.S.C. 1118). Sec. 2. Table of contents. (1) in section 259, by adding at the end a (6) ACTIVITIES OF INTERAGENCY COORDI- TITLE I—PERSONNEL MANAGEMENT new subsection (c) to read as follows: NATING COMMITTEE ON OIL POLLUTION RE- ‘‘(c)(1) After selecting the officers to be SEARCH.—Section 7001(e) of the Oil Pollution Sec. 101. Coast Guard band director rank. recommended for promotion, a selection Act of 1990 (33 U.S.C. 2761(e)). Sec. 102. Compensatory absence for isolated board may recommend officers of particular duty. SEC. 203. OIL SPILL LIABILITY TRUST FUND; merit, from among those officers chosen for Sec. 103. Accelerated promotion of certain EMERGENCY FUND BORROWING AU- promotion, to be placed at the top of the list THORITY. Coast Guard officers. of selectees promulgated by the Secretary Section 6002(b) of the Oil Pollution Act of TITLE II—MARINE SAFETY under section 271(a) of this title. The number 1990 (33 U.S.C. 2752(b)) is amended after the Sec. 201. Extension of Territorial Sea for of officers that a board may recommend to first sentence by inserting ‘‘To the extent Vessel Bridge-to-Bridge Radio- be placed at the top of the list of selectees that such amount is not adequate for re- telephone Act. may not exceed the percentages set forth in moval of a discharge or the mitigation or Sec. 202. Preservation of certain reporting subsection (b) unless such a percentage is a prevention of a substantial threat of a dis- requirements. number less than one, in which case the charge, the Coast Guard may borrow from Sec. 203. Oil Spill Liability Trust Fund; board may recommend one officer for such the Fund such sums as may be necessary, up emergency fund borrowing au- placement. No officer may be recommended to a maximum of $100,000,000, and within 30 thority. to be placed at the top of the list of selectees days shall notify Congress of the amount Sec. 204. Merchant mariner documentation unless he or she receives the recommenda- borrowed and the facts and circumstances requirements. tion of at least a majority of the members of necessitating the loan. Amounts borrowed Sec. 205. Penalties for negligent operations a board composed of five members, or at shall be repaid to the Fund when, and to the and interfering with safe oper- least two-thirds of the members of a board extent that removal costs are recovered by ation. composed of more than five members. the Coast Guard from responsible parties for TITLE III—RENEWAL OF ADVISORY ‘‘(2) The Secretary shall conduct a survey the discharge or substantial threat of dis- GROUPS of the Coast Guard officer corps to determine charge.’’. if implementation of this subsection will im- Sec. 301. Commercial Fishing Industry Ves- SEC. 204. MERCHANT MARINER DOCUMENTATION prove Coast Guard officer retention. A selec- REQUIREMENTS. sel Advisory Committee. tion board may not make any recommenda- (a) INTERIM MERCHANT MARINERS’ DOCU- Sec. 302. Houston-Galveston Navigation tion under this subsection before the date on MENTS.—Section 7302 of title 46, United Safety Advisory Committee. which the Secretary publishes a finding, States Code, is amended— Sec. 303. Lower Mississippi River Waterway based upon the results of the survey, that (1) by striking ‘‘A’’ in subsection (f) and in- Advisory Committee. implementation of this subsection will im- serting ‘‘Except as provided in subsection Sec. 304. Navigation Safety Advisory Coun- prove Coast Guard officer retention. (g), a’’; and cil. ‘‘(3) The Secretary shall submit any find- (2) by adding at the end the following: Sec. 305. National boating safety advisory ing made by the Secretary pursuant to para- ‘‘(g)(1) The Secretary may, pending receipt council. graph (2) to the Committee on Transpor- and review of information required under Sec. 306. Towing Safety Advisory Com- tation and Infrastructure of the House of subsections (c) and (d), immediately issue an mittee. Representatives and the Committee on Com- interim merchant mariner’s document valid TITLE IV—MISCELLANEOUS merce, Science, and Transportation of the for a period not to exceed 120 days, to— Sec. 401. Patrol craft. Senate.’’; ‘‘(A) an individual to be employed as gam- Sec. 402. Clarification of Coast Guard au- (2) in section 260(a), by inserting ‘‘and the ing personnel, entertainment personnel, wait thority to control vessels in names of those officers recommended to be staff, or other service personnel on board a territorial waters of the United advanced to the top of the list of selectees passenger vessel not engaged in foreign serv- States. established by the Secretary under section ice, with no duties, including emergency du- Sec. 403. Caribbean support tender. 271(a) of this title’’ after ‘‘promotion’’; and ties, related to the navigation of the vessel Sec. 404. Prohibition of new maritime user (3) in section 271(a), by inserting at the end or the safety of the vessel, its crew, cargo or fees. thereof the following: ‘‘The names of all offi- passengers; or

VerDate 21-MAR-2001 00:48 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.023 pfrm02 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1027 ‘‘(B) an individual seeking renewal of, or TITLE IV—MISCELLANEOUS (3) Advances in navigation technology have qualifying for a supplemental endorsement SEC. 401. PATROL CRAFT. made many Great Lakes lighthouses obso- to, a valid merchant mariner’s document Notwithstanding any other provision of lete. In Michigan alone, approximately 70 issued under this section. law, the Secretary of Transportation may lighthouses will be designated as excess ‘‘(2) No more than one interim document accept, by direct transfer without cost, for property of the Federal Government and will may be issued to an individual under para- use by the Coast Guard primarily for ex- be transferred to the General Services Ad- graph (1)(A) of this subsection.’’. panded drug interdiction activities required ministration for disposal. (b) EXCEPTION.—Section 8701(a) of title 46, to meet national supply reduction perform- (4) Unfortunately, the Federal property United States Code, is amended— ance goals, up to 7 PC–170 patrol craft from disposal process is confusing, complicated, (1) by striking ‘‘and’’ after the semicolon the Department of Defense if it offers to and not well-suited to disposal of historic in paragraph (8); transfer such craft. lighthouses or to facilitate transfers to non- (2) by redesignating paragraph (9) as para- profit organizations. This is especially trou- SEC. 402. CLARIFICATION OF COAST GUARD AU- graph (10); and THORITY TO CONTROL VESSELS IN bling because, in many cases, local nonprofit (3) by inserting after paragraph (8) the fol- TERRITORIAL WATERS OF THE historical organizations have dedicated tre- lowing: UNITED STATES. mendous resources to preserving and main- ‘‘(9) a passenger vessel not engaged in a The Ports and Waterways Safety Act (33 taining Great Lakes lighthouses. foreign voyage with respect to individuals on U.S.C. 1221 et seq.) is amended by adding at (5) If Great Lakes lighthouses disappear, board employed for a period of not more than the end the following: the public will be unaware of an important 30 service days within a 12 month period as ‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL chapter in Great Lakes history. entertainment personnel, with no duties, in- SEA; DIRECTION OF VESSELS BY (6) The National Trust for Historic Preser- cluding emergency duties, related to the COAST GUARD. vation has placed Michigan lighthouses on navigation of the vessel or the safety of the ‘‘(a) NOTIFICATION OF COAST GUARD.—Under their list of Most Endangered Historic vessel, its crew, cargo or passengers; and’’. regulations prescribed by the Secretary, a Places. SEC. 205. PENALTIES FOR NEGLIGENT OPER- commercial vessel entering the territorial (b) ASSISTANCE FOR GREAT LAKES LIGHT- ATIONS AND INTERFERING WITH sea of the United States shall notify the Sec- HOUSE PRESERVATION EFFORTS.—The Sec- SAFE OPERATION. retary not later than 24 hours before that retary of Transportation, acting through the Section 2302(a) of title 46, United States entry and provide the following information Coast Guard, shall— Code, is amended by striking ‘‘$1,000.’’ and regarding the vessel: (1) continue to offer advice and technical inserting ‘‘$5,000 in the case of a recreational ‘‘(1) The name of the vessel. assistance to organizations in the Great vessel, or $25,000 in the case of any other ves- ‘‘(2) The route and port or place of destina- Lakes region that are dedicated to light- sel.’’. tion in the United States. house stewardship; and TITLE III—RENEWAL OF ADVISORY ‘‘(3) The time of entry into the territorial (2) promptly release information regarding GROUPS sea. the timing of designations of Coast Guard SEC. 301. COMMERCIAL FISHING INDUSTRY VES- ‘‘(4) Any information requested by the Sec- lighthouses on the Great Lakes as excess to SEL ADVISORY COMMITTEE. retary to demonstrate compliance with ap- the needs of the Coast Guard, to enable those (a) COMMERCIAL FISHING INDUSTRY VESSEL plicable international agreements to which organizations to mobilize and be prepared to ADVISORY COMMITTEE.—Section 4508 of title the United States is a party. take appropriate action with respect to the 46, United States Code, is amended— ‘‘(5) If the vessel is carrying dangerous disposal of those properties. (1) by inserting ‘‘Safety’’ in the heading cargo, a description of that cargo. SEC. 406. COAST GUARD REPORT ON IMPLEMEN- after ‘‘Vessel’’; ‘‘(6) A description of any hazardous condi- TATION OF NTSB RECOMMENDA- (2) by inserting ‘‘Safety’’ in subsection (a) tions on the vessel. TIONS. The Commandant of the Coast Guard shall after ‘‘Vessel’’; ‘‘(7) Any other information requested by submit a written report to the Committee on (3) by striking ‘‘(5 U.S.C App. 1 et seq.)’’ in the Secretary. Transportation and Infrastructure of the subsection (e)(1)(I) and inserting ‘‘(5 U.S.C. ‘‘(b) DENIAL OF ENTRY.—The Secretary may deny entry of a vessel into the territorial sea House of Representatives and the Committee App.)’’; and on Commerce, Science, and Transportation of the United States if— (4) by striking ‘‘of September 30, 2000’’ and of the Senate within 90 days after the date of ‘‘(1) the Secretary has not received notifi- inserting ‘‘on September 30, 2005’’. enactment of this Act on what actions the cation for the vessel in accordance with sub- (b) CONFORMING AMENDMENT.—The chapter Coast Guard has taken to implement the rec- section (a); or analysis for chapter 45 of title 46, United ommendations of the National Transpor- States Code, is amended by striking the item ‘‘(2) the vessel is not in compliance with tation Safety Board in its Report No. MAR– relating to section 4508 and inserting the fol- any other applicable law relating to marine 99–01. The report— lowing: safety, security, or environmental protec- (1) shall describe in detail, by geographic ‘‘4508. Commercial Fishing Industry Vessel tion. region— IRECTION OF VESSEL.—The Secretary Safety Advisory Committee.’’. ‘‘(c) D (A) what steps the Coast Guard is taking to may direct the operation of any vessel in the SEC. 302. HOUSTON-GALVESTON NAVIGATION fill gaps in its communications coverage; navigable waters of the United States as nec- SAFETY ADVISORY COMMITTEE. (B) what progress the Coast Guard has essary during hazardous circumstances, in- Section 18(h) of the Coast Guard Author- made in installing direction-finding systems; cluding the absence of a pilot required by ization Act of 1991 (Public Law 102–241) is and State or Federal law, weather, casualty, ves- amended by striking ‘‘September 30, 2000.’’ (C) what progress the Coast Guard has sel traffic, or the poor condition of the ves- and inserting ‘‘September 30, 2005.’’. made toward completing its national distress sel. SEC. 303. LOWER MISSISSIPPI RIVER WATERWAY and response system modernization project; ‘‘(d) IMPLEMENTATION.—The Secretary shall ADVISORY COMMITTEE. and implement this section consistent with sec- Section 19 of the Coast Guard Authoriza- (2) include an assessment of the safety ben- tion 4(d).’’. tion Act of 1991 (Public Law 102–241) is efits that might reasonably be expected to amended by striking ‘‘September 30, 2000’’ in SEC. 403. CARIBBEAN SUPPORT TENDER. result from increased or accelerated funding subsection (g) and inserting ‘‘September 30, The Coast Guard is authorized to operate for— 2005’’. and maintain a Caribbean Support Tender (A) measures described in paragraph (1)(A); SEC. 304. NAVIGATION SAFETY ADVISORY COUN- (or similar type vessel) to provide technical and CIL. assistance, including law enforcement train- (B) the national distress and response sys- Section 5 of the Inland Navigational Rules ing, for foreign coast guards, navies, and tem modernization project. Act of 1980 (33 U.S.C. 2073) is amended by other maritime services. SEC. 407. CONVEYANCE OF COAST GUARD PROP- striking ‘‘September 30, 2000’’ in subsection SEC. 404. PROHIBITION OF NEW MARITIME USER ERTY IN PORTLAND, MAINE. (d) and inserting ‘‘September 30, 2005’’. FEES. (a) AUTHORITY TO CONVEY.— SEC. 305. NATIONAL BOATING SAFETY ADVISORY Section 2110(k) of title 46, United States (1) IN GENERAL.—The Secretary of Trans- COUNCIL. Code, is amended by striking ‘‘2001’’ and in- portation, or a designee of the Secretary, Section 13110 of title 46, United States serting ‘‘2006’’. may convey to the Gulf of Maine Aquarium Code, is amended by striking ‘‘September 30, SEC. 405. GREAT LAKES LIGHTHOUSES. Development Corporation, its successors and 2000’’ in subsection (e) and inserting ‘‘Sep- (a) FINDINGS.—The Congress finds the fol- assigns, without payment for consideration, tember 30, 2005’’. lowing: all right, title, and interest of the United SEC. 306. TOWING SAFETY ADVISORY COM- (1) The Great Lakes are home to more than States in and to approximately 4.13 acres of MITTEE. 400 lighthouses. 120 of these maritime land- land, including a pier and bulkhead, known The Act entitled ‘‘An Act to Establish a marks are in the State of Michigan. as the Naval Reserve Pier property, together Towing Safety Advisory Committee in the (2) Lighthouses are an important part of with any improvements thereon in their Department of Transportation’’ (33 U.S.C. Great Lakes culture and stand as a testa- then current condition, located in Portland, 1231a) is amended by striking ‘‘September 30, ment to the importance of shipping in the re- Maine. All conditions placed with the deed of 2000.’’ in subsection (e) and inserting ‘‘Sep- gion’s political, economic, and social his- title shall be construed as covenants running tember 30, 2005.’’. tory. with the land.

VerDate 21-MAR-2001 23:22 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.017 pfrm02 PsN: H21PT1 H1028 CONGRESSIONAL RECORD — HOUSE March 21, 2001

(2) IDENTIFICATION OF PROPERTY.—The Sec- Commandant, may terminate the lease with and only if, the Corporation fails to abide by retary, in consultation with the Com- the Corporation. any of the terms of this section or any agree- mandant of the Coast Guard, may identify, (c) IMPROVEMENT OF LEASED PREMISES.— ment entered into under subsection (b), (c), describe, and determine the property to be (1) IN GENERAL.—The Naval Reserve Pier or (d) of this section. conveyed under this section. The floating property shall not be conveyed until the Cor- (g) LIABILITY OF THE PARTIES.—The liabil- docks associated with or attached to the poration enters into an agreement with the ity of the United States and the Corporation Naval Reserve Pier property shall remain United States, subject to the Commandant’s for any injury, death, or damage to or loss of the personal property of the United States. design specifications, project’s schedule, and property occurring on the leased property final project approval, to replace the bulk- shall be determined with reference to exist- (b) LEASE TO THE UNITED STATES.— head and pier which connects to, and pro- ing State or Federal law, as appropriate, and (1) CONDITION OF CONVEYANCE.—The Naval vides access from, the bulkhead to the float- any such liability may not be modified or en- Reserve Pier property shall not be conveyed ing docks, at the Corporation’s sole cost and larged by this Act or any agreement of the until the Corporation enters into a lease expense, on the east side of the Naval Re- parties. agreement with the United States, the terms serve Pier property within 30 months from (h) EXPIRATION OF AUTHORITY TO CONVEY.— of which are mutually satisfactory to the the date of conveyance. The agreement to The authority to convey the Naval Reserve Commandant and the Corporation, in which improve the leased premises shall be exe- property under this section shall expire 3 the Corporation shall lease a portion of the cuted within 12 months after the date of en- years after the date of enactment of this Naval Reserve Pier property to the United actment of this Act. Act. States for a term of 30 years without pay- (2) FURTHER IMPROVEMENTS.—In addition to (i) DEFINITIONS.—In this section: ment of consideration. The lease agreement the improvements described in paragraph (1), (1) AID TO NAVIGATION.—The term ‘‘aid to shall be executed within 12 months after the the Commandant is authorized to further im- navigation’’ means equipment used for navi- date of enactment of this Act. prove the leased premises during the lease gational purposes, including but not limited (2) IDENTIFICATION OF LEASED PREMISES.— term, at the United States sole cost and ex- to, a light, antenna, sound signal, electronic The Secretary, in consultation with the pense. navigation equipment, cameras, sensors Commandant, may identify and describe the (d) UTILITY INSTALLATION AND MAINTE- power source, or other related equipment leased premises and rights of access, includ- NANCE OBLIGATIONS.— which are operated or maintained by the ing the following, in order to allow the Coast (1) UTILITIES.—The Naval Reserve Pier United States. Guard to operate and perform missions from property shall not be conveyed until the Cor- (2) CORPORATION.—The term ‘‘Corporation’’ and upon the leased premises: poration enters into an agreement with the means the Gulf of Maine Aquarium Develop- (A) The right of ingress and egress over the United States to allow the United States to ment Corporation, its successors and assigns. Naval Reserve Pier property, including the operate and maintain existing utility lines SEC. 408. HARBOR SAFETY COMMITTEES. pier and bulkhead, at any time, without no- and related equipment, at the United States (a) STUDY.—The Coast Guard shall study tice, for purposes of access to Coast Guard sole cost and expense. At such time as the existing harbor safety committees in the vessels and performance of Coast Guard mis- Corporation constructs its proposed public United States to identify— sions and other mission-related activities. aquarium, the Corporation shall replace ex- (1) strategies for gaining successful co- (B) The right to berth Coast Guard cutters isting utility lines and related equipment operation among the various groups having or other vessels as required, in the moorings and provide additional utility lines and an interest in the local port or waterway; along the east side of the Naval Reserve Pier equipment capable of supporting a third 110- (2) organizational models that can be ap- property, and the right to attach floating foot Coast Guard cutter, with comparable, plied to new or existing harbor safety com- docks which shall be owned and maintained new, code compliant utility lines and equip- mittees or to prototype harbor safety com- at the United States’ sole cost and expense. ment at the Corporation’s sole cost and ex- mittees established under subsection (b); (C) The right to operate, maintain, remove, pense, maintain such utility lines and re- (3) technological assistance that will help relocate, or replace an aid to navigation lo- lated equipment from an agreed upon demar- harbor safety committees overcome local cated upon, or to install any aid to naviga- cation point, and make such utility lines and impediments to safety, mobility, environ- tion upon, the Naval Reserve Pier property equipment available for use by the United mental protection, and port security; and as the Coast Guard, in its sole discretion, States, provided that the United States pays (4) recurring resources necessary to ensure may determine is needed for navigational for its use of utilities at its sole cost and ex- the success of harbor safety committees. purposes. pense. The agreement concerning the oper- (b) PROTOTYPE COMMITTEES.—The Coast (D) The right to occupy up to 3,000 gross ation and maintenance of utility lines and Guard shall test the feasibility of expanding square feet at the Naval Reserve Pier prop- equipment shall be executed within 12 the harbor safety committee concept to erty for storage and office space, which will months after the date of enactment of this small and medium-sized ports that are not be provided and constructed by the Corpora- Act. generally served by a harbor safety com- tion, at the Corporation’s sole cost and ex- (2) MAINTENANCE.—The Naval Reserve Pier mittee by establishing 1 or more prototype pense, and which will be maintained, and property shall not be conveyed until the Cor- harbor safety committees. In selecting a lo- utilities and other operating expenses paid poration enters into an agreement with the cation or locations for the establishment of for, by the United States at its sole cost and United States to maintain, at the Corpora- a prototype harbor safety committee, the expense. tion’s sole cost and expense, the bulkhead Coast Guard shall— (E) The right to occupy up to 1,200 gross and pier on the east side of the Naval Re- (1) consider the results of the study con- square feet of offsite storage in a location serve Pier property. The agreement con- ducted under subsection (a); other than the Naval Reserve Pier property, cerning the maintenance of the bulkhead and (2) consider identified safety issues for a which will be provided by the Corporation at pier shall be executed within 12 months after particular port; the Corporation’s sole cost and expense, and the date of enactment of this Act. (3) compare the potential benefits of estab- which will be maintained, and utilities and (3) AIDS TO NAVIGATION.—The United States lishing such a committee with the burdens other operating expenses paid for, by the shall be required to maintain, at its sole cost the establishment of such a committee United States at its sole cost and expense. and expense, any Coast Guard active aid to would impose on participating agencies and (F) The right for Coast Guard personnel to navigation located upon the Naval Reserve organizations; park up to 60 vehicles, at no expense to the Pier property. (4) consider the anticipated level of sup- government, in the Corporation’s parking (e) ADDITIONAL RIGHTS.—The conveyance of port from interested parties; and spaces on the Naval Reserve Pier property or the Naval Reserve Pier property shall be (5) take into account such other factors as in parking spaces that the Corporation may made subject to conditions the Secretary may be appropriate. secure within 1,000 feet of the Naval Reserve considers necessary to ensure that— (c) EFFECT ON EXISTING PROGRAMS AND Pier property or within 1,000 feet of the (1) the Corporation shall not interfere or STATE LAW.—Nothing in this section— Coast Guard Marine Safety Office Portland. allow interference, in any manner, with use (1) limits the scope or activities of harbor Spaces for no less than 30 vehicles shall be of the leased premises by the United States; safety committees in existence on the date located on the Naval Reserve Pier property. and of enactment of this Act; (3) RENEWAL.—The lease described in para- (2) the Corporation shall not interfere or (2) precludes the establishment of new har- graph (1) may be renewed, at the sole option allow interference, in any manner, with any bor safety committees in locations not se- of the United States, for additional lease aid to navigation nor hinder activities re- lected for the establishment of a prototype terms. quired for the operation and maintenance of committee under subsection (b); or (4) LIMITATION ON SUBLEASES.—The United any aid to navigation, without the express (3) preempts State law. States may not sublease the leased premises written permission of the head of the agency (d) NONAPPLICATION OF FACA.—The Fed- to a third party or use the leased premises responsible for operating and maintaining eral Advisory Committee Act (5 U.S.C. App.) for purposes other than fulfilling the mis- the aid to navigation. does not apply to harbor safety committees sions of the Coast Guard and for other mis- (f) REMEDIES AND REVERSIONARY INTER- established under this section or any other sion related activities. EST.—The Naval Reserve Pier property, at provision of law. (5) TERMINATION.—In the event that the the option of the Secretary, shall revert to (e) HARBOR SAFETY COMMITTEE DEFINED.— Coast Guard ceases to use the leased prem- the United States and be placed under the In this section, the term ‘‘harbor safety com- ises, the Secretary, in consultation with the administrative control of the Secretary, if, mittee’’ means a local coordinating body—

VerDate 21-MAR-2001 23:22 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.017 pfrm02 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1029 (1) whose responsibilities include recom- to navigation or make any changes to the pended for the State’s recreational boating mending actions to improve the safety of a property conveyed as may be necessary for safety program by a State agency, a public port or waterway; and navigational purposes; corporation established under State law, or (2) the membership of which includes rep- (D) the United States shall have the right, any other State instrumentality, as deter- resentatives of government agencies, mari- at any time, to enter the property without mined by the Secretary’’. time labor, maritime industry companies notice for the purpose of operating, main- The SPEAKER pro tempore (Mr. and organizations, environmental groups, taining and inspecting aids to navigation, LATOURETTE). Pursuant to the rule, the and public interest groups. and for the purpose of enforcing compliance gentleman from New Jersey (Mr. SEC. 409. MISCELLANEOUS CONVEYANCES. with this subsection; and LOBIONDO) and the gentleman from (a) AUTHORITY TO CONVEY.— (E) the United States shall have an ease- C OVERN (1) IN GENERAL.—The Secretary of Trans- ment of access to and across the property for Massachusetts (Mr. M G ) each portation may convey, by an appropriate the purpose of maintaining the aids to navi- will control 20 minutes. means of conveyance, all right, title, and in- gation in use on the property. The Chair recognizes the gentleman terest of the United States in and to each of (4) MAINTENANCE OF PROPERTY.—(A) Sub- from New Jersey (Mr. LOBIONDO). the following properties: ject to subparagraph (B), the owner of a Mr. LOBIONDO. Mr. Speaker, I yield (A) Coast Guard Slip Point Light Station, property conveyed under this section shall myself such time as I may consume. located in Clallam County, Washington, to maintain the property in a proper, substan- tial, and workmanlike manner, and in ac- Mr. Speaker, I rise in strong support Clallam County, Washington. of the Coast Guard Personnel and Mari- (B) The parcel of land on which is situated cordance with any conditions established by the Point Pin˜ os Light, located in Monterey the conveying authority pursuant to the Na- time Safety Act of 2001. This bill con- County, California, to the city of Pacific tional Historic Preservation Act (16 U.S.C. tains many important provisions re- Grove, California. 470 et seq.), and other applicable laws. lated to Coast Guard personnel man- (2) IDENTIFICATION OF PROPERTY.—The Sec- (B) The owner of a property conveyed agement, commercial and recreational retary may identify, describe, and determine under this section is not required to main- vessel safety, and environmental pro- the property to be conveyed under this sub- tain any active aid to navigation equipment tection. These provisions were devel- section. on the property, except private aids to navi- gation permitted under section 83 of title 14, oped during the conference negotia- (3) LIMITATION.—The Secretary may not tions on the Coast Guard Authorization under this section convey— United States Code. (A) any historical artifact, including any (c) SPECIAL TERMS AND CONDITIONS.—The Act of 2000 in the last Congress, but lens or lantern, located on the property at or Secretary may retain all right, title, and in- were not enacted because of unrelated before the time of the conveyance; or terest of the United States in and to any por- matters. (B) any interest in submerged land. tion of any parcel referred to in subsection We are aware of no controversies con- (b) GENERAL TERMS AND CONDITIONS.— (a)(1)(B) that the Secretary considers appro- cerning any section in this bill and (1) IN GENERAL.—Each conveyance of prop- priate. hope that the Senate will send this bill (d) DEFINITIONS.—In this section: erty under this section shall be made— to the President as soon as possible. (1) AIDS TO NAVIGATION.—The term ‘‘aids to (A) without payment of consideration; and Section 103 of this bill gives the (B) subject to the terms and conditions re- navigation’’ means equipment used for navi- quired by this section and other terms and gation purposes, including a light, antenna, Coast Guard additional promotional conditions the Secretary may consider ap- radio, sound signal, electronic navigation authority to respond to retention prob- propriate, including the reservation of ease- equipment, or other associated equipment lems in the Coast Guard officer corps. ments and other rights on behalf of the which are operated or maintained by the Section 203 of the bill allows the Coast United States. United States. Guard to borrow up to $100 million (2) REVERSIONARY INTEREST.—In addition to (2) COMMANDANT.—The term ‘‘Com- from the Oil Spill Liability trust fund any term or condition established under this mandant’’ means the Commandant of the Coast Guard. to clean up oil spills in emergency situ- section, each conveyance of property under ations. The bill also contains authority this section shall be subject to the condition (3) OWNER.—The term ‘‘owner’’ means, for that all right, title, and interest in the prop- a property conveyed under this section, the for the Coast Guard to acquire seven erty shall immediately revert to the United person identified in subsection (a)(1) of the PC–170 patrol craft from the Navy for States, if— property, and includes any successor or as- use in drug interdiction operations. (A) the property, or any part of the prop- sign of that person. Mr. Speaker, I want to take this op- erty— (4) SECRETARY.—The term ‘‘Secretary’’ portunity to commend the men and (i) ceases to be available and accessible to means the Secretary of Transportation. women of the Coast Guard for the ex- the public, on a reasonable basis, for edu- SEC. 410. PARTNERSHIPS FOR PERFORMANCE OF ceptional service they provide to our WORK AT COAST GUARD YARD. cational, park, recreational, cultural, his- country. All Americans benefit from a (a) AUTHORITY.—The Commandant of the toric preservation, or other similar purposes strong Coast Guard that is equipped to specified for the property in the terms of Coast Guard may enter into agreements and conveyance; other arrangements with public and private stop drug smugglers, support the coun- (ii) ceases to be maintained in a manner foreign and domestic entities, to establish try’s defense, and respond to national that is consistent with its present or future partnerships for the performance of work at emergencies. use as a site for Coast Guard aids to naviga- the Coast Guard Yard, located in Baltimore, Unfortunately, the Coast Guard, like tion or compliance with this Act; or Maryland. other military services, suffers from (iii) ceases to be maintained in a manner (b) RECEIPT OF FUNDS, CONTRIBUTIONS, AND readiness problems related to deferred USE OF FACILITIES.— consistent with the conditions in paragraph maintenance, aged equipment, and per- (1) IN GENERAL.—The Coast Guard may, (4) established by the Secretary pursuant to sonnel training and retention. We must the National Historic Preservation Act (16 under partnerships under this section, re- U.S.C. 470 et seq.); or ceive funds, contributions of materials and act to correct these problems and put (B) at least 30 days before that reversion, services, and use of non-Coast Guard facili- the Coast Guard on sound financial the Secretary provides written notice to the ties. footing to be ready to respond to in- owner that the property is needed for na- (2) TREATMENT OF FUNDS RECEIVED.—Funds creasing demands on Coast Guard re- tional security purposes. received by the Coast Guard under this sub- sources, especially and I repeat, espe- (3) MAINTENANCE OF NAVIGATION FUNC- section shall be deposited into the Coast cially the needs to increase drug inter- TIONS.—Each conveyance of property under Guard Yard Revolving Fund. (c) 5-YEAR BUSINESS PLAN.—The Secretary diction operations. this section shall be made subject to the con- Finally, the Coast Guard operations ditions that the Secretary considers to be of Transportation shall, within 6 months necessary to assure that— after the date of the enactment of this Act, must be made whole next year, ending (A) the lights, antennas, and associated submit to the Congress a 5-year business this destructive cycle of funding short- equipment located on the property conveyed, plan for the most efficient utilization of the falls and end-of-the-year supplemental which are active aids to navigation, shall Coast Guard Yard. funding bills. continue to be operated and maintained by SEC. 411. BOATING SAFETY. Mr. Speaker, I urge all Members to the United States for as long as they are (a) FEDERAL FUNDING.—Section 4(b)(3) of support this legislation. needed for this purpose; the Act of August 9, 1950 (16 U.S.C. 777c(b)(3)) Mr. Speaker, I reserve the balance of (B) the owner of the property may not is amended by striking ‘‘$82,000,000’’ and in- my time. interfere or allow interference in any man- serting ‘‘$83,000,000’’. C ner with aids to navigation without express (b) STATE FUNDING.—Section 13102(a)(3) of Mr. M GOVERN. Mr. Speaker I yield written permission from the Commandant; title 46, United States Code, is amended by myself such time as I may consume. (C) there is reserved to the United States striking ‘‘general State revenue’’ and insert- Mr. Speaker, I rise today in strong the right to relocate, replace, or add any aid ing ‘‘State funds, including amounts ex- support of H.R. 1099, the Coast Guard

VerDate 21-MAR-2001 23:22 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.017 pfrm02 PsN: H21PT1 H1030 CONGRESSIONAL RECORD — HOUSE March 21, 2001 Personnel and Maritime Safety Act of Mr. Speaker, I yield back the balance (4) Existing regulations are typically tailored 2001. of my time. to the circumstances of larger carriers and Mr. Speaker, this is a very non- The SPEAKER pro tempore (Mr. therefore often impose disproportionate burdens controversial bill. As with the prior on two percent carriers, impeding such carriers’ SIMPSON). The question is on the mo- deployment of advanced telecommunications bill, H.R. 1099, all of the provisions tion offered by the gentleman from services and competitive initiatives to consumers were worked out by the conferees to New Jersey (Mr. LOBIONDO) that the in less densely populated regions of the Nation. the Coast Guard Authorization Act of House suspend the rules and pass the (5) Reducing regulatory burdens on two per- 2000 conference last year. bill, H.R. 1099. cent carriers will enable such carriers to devote H.R. 1099 will help provide additional The question was taken. additional resources to the deployment of ad- resources to combat drug smuggling, The SPEAKER pro tempore. In the vanced services and to competitive initiatives to improve safety on our waterways, ex- benefit consumers in less densely populated re- opinion of the Chair, two-thirds of gions of the Nation. tend the lives of six safety advisory those present have voted in the affirm- (6) Reducing regulatory burdens on two per- committees, increase the penalties for ative. cent carriers will increase such carriers’ ability negligent operation of vessels on our Mr. LOBIONDO. Mr. Speaker, on that to respond to marketplace conditions, allowing Nation’s waterways, improve the man- I demand the yeas and nays. them to accelerate deployment of advanced serv- agement for issuing documents to U.S. The yeas and nays were ordered. ices and competitive initiatives to benefit con- mariners, and allow for quicker pro- The SPEAKER pro tempore. Pursu- sumers in less densely populated regions of the Nation. motions for Coast Guard officers of ant to clause 8 of rule XX and the (b) PURPOSES.—The purposes of this Act are— particular merit. Chair’s prior announcement, further (1) to accelerate the deployment of advanced Mr. Speaker, the Coast Guard is cur- proceedings on this motion will be services and the development of competition in rently drastically reducing their oper- postponed, and the vote will occur to- the telecommunications industry for the benefit ations due to funding shortfalls. These morrow. of consumers in all regions of the Nation, con- sistent with the Telecommunications Act of 1996, reductions have been caused largely by f the increased price of energy, by reducing regulatory burdens on local ex- GENERAL LEAVE change carriers with fewer than two percent of unbudgeted personnel entitlements in the Nation’s subscriber lines installed in the ag- the National Defense Authorization Mr. LOBIONDO. Mr. Speaker, I ask gregate nationwide; Act of 2000, and increased health care unanimous consent that all Members (2) to improve such carriers’ flexibility to un- costs. may have 5 legislative days within dertake such initiatives; and As a result, the Coast Guard has re- which to revise and extend their re- (3) to allow such carriers to redirect resources duced current operations by 10 percent from paying the costs of such regulatory bur- marks on H.R. 1099. dens to increasing investment in such initia- and will reduce their operations by 30 The SPEAKER pro tempore. Is there tives. percent on April 1. Clearly, additional objection to the request of the gen- SEC. 3. DEFINITION. funding is required. Failure to provide tleman from New Jersey? Section 3 of the Communications Act of 1934 adequate funding will result in more There was no objection. (47 U.S.C. 153) is amended— (1) by redesignating paragraphs (51) and (52) drugs in our communities, more illegal f immigrants on our streets, and more as paragraphs (52) and (53), respectively; and INDEPENDENT TELECOMMUNI- (2) by inserting after paragraph (50) the fol- incursions by foreign fishing vessels lowing: into our waters. CATIONS CONSUMER ENHANCE- MENT ACT OF 2001 ‘‘(51) TWO PERCENT CARRIER.—The term ‘two Mr. Speaker, the Coast Guard Per- percent carrier’ means an incumbent local ex- sonnel and Maritime Safety Act will Mr. UPTON. Mr. Speaker, I move to change carrier within the meaning of section improve the management of the Coast suspend the rules and pass the bill 251(h) whose access lines, when aggregated with Guard, improve safety on our Nation’s (H.R. 496) to amend the Communica- the access lines of any local exchange carrier waterways, and provide added financial tions Act of 1934 to promote deploy- that such incumbent local exchange carrier di- rectly or indirectly controls, is controlled by, or resources to help clean up oil spills. ment of advanced services and foster is under common control with, are fewer than Therefore, I strongly urge my col- the development of competition for the two percent of the Nation’s subscriber lines in- leagues to support passage of H.R. 1099, benefit of consumers in all regions of stalled in the aggregate nationwide.’’. the Coast Guard Personnel and Mari- the Nation by relieving unnecessary SEC. 4. REGULATORY RELIEF FOR TWO PERCENT time Safety Act of 2001. burdens on the Nation’s two percent CARRIERS. Mr. Speaker, I have no requests for local exchange telecommunications Title II of the Communications Act of 1934 is time, and I yield back the balance of carriers, and for other purposes, as amended by adding at the end thereof a new part IV as follows: my time. amended. ‘‘PART IV—PROVISIONS CONCERNING TWO Mr. LOBIONDO. Mr. Speaker, I yield The Clerk read as follows: PERCENT CARRIERS myself such time as I may consume. H. R. 496 Mr. Speaker, I have a brief closing ‘‘SEC. 281. REDUCED REGULATORY REQUIRE- Be it enacted by the Senate and House of Rep- MENTS FOR TWO PERCENT CAR- statement. Mr. Speaker, I would like to resentatives of the United States of America in RIERS. thank the gentleman from Massachu- Congress assembled, ‘‘(a) COMMISSION TO TAKE INTO ACCOUNT setts (Mr. MCGOVERN) and the gen- SECTION 1. SHORT TITLE. DIFFERENCES.—In adopting rules that apply to incumbent local exchange carriers (within the tleman from Minnesota (Mr. OBERSTAR) This Act may be cited as the ‘‘Independent meaning of section 251(h)), the Commission shall for their help in these matters, espe- Telecommunications Consumer Enhancement separately evaluate the burden that any pro- cially the gentleman from Alaska Act of 2001’’. posed regulatory, compliance, or reporting re- (Chairman YOUNG) for his advocacy of SEC. 2. FINDINGS AND PURPOSE. quirements would have on two percent carriers. the Coast Guard. (a) FINDINGS.—Congress finds the following: ‘‘(b) EFFECT OF COMMISSION’S FAILURE TO I would like to urge each Member of (1) The Telecommunications Act of 1996 was TAKE INTO ACCOUNT DIFFERENCES.—If the Com- this body to understand the job that enacted to foster the rapid deployment of ad- mission adopts a rule that applies to incumbent the Coast Guard is doing every day, to vanced telecommunications and information local exchange carriers and fails to separately stop making excuses for why we are technologies and services to all Americans by evaluate the burden that any proposed regu- promoting competition and reducing regulation not giving them the resources that latory, compliance, or reporting requirement in telecommunications markets nationwide. would have on two percent carriers, the Com- they need to protect our environment, (2) The Telecommunications Act of 1996 spe- mission shall not enforce the rule against two our natural resources, for drug inter- cifically recognized the unique abilities and cir- percent carriers unless and until the Commission diction, and all the other things that cumstances of local exchange carriers with performs such separate evaluation. they do. fewer than two percent of the Nation’s sub- ‘‘(c) ADDITIONAL REVIEW NOT REQUIRED.— I think this is the year when we can scriber lines installed in the aggregate nation- Nothing in this section shall be construed to re- join together shoulder to shoulder to wide. quire the Commission to conduct a separate make sure that we recognize the fine (3) Given the markets two percent carriers evaluation under subsection (a) if the rules typically serve, such carriers are uniquely posi- men and women of the Coast Guard and adopted do not apply to two percent carriers, or tioned to accelerate the deployment of advanced such carriers are exempted from such rules. the job that they do and give them the services and competitive initiatives for the ben- ‘‘(d) SAVINGS CLAUSE.—Nothing in this section resources necessary to continue their efit of consumers in less densely populated re- shall be construed to prohibit any size-based dif- mission as dictated by Congress. gions of the Nation. ferentiation among carriers mandated by this

VerDate 21-MAR-2001 23:22 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 6333 E:\CR\FM\K21MR7.031 pfrm02 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1031 Act, chapter 6 of title 5, United States Code, the service’ means a class or subclass of service not SEC. 5. LIMITATION ON MERGER REVIEW. Commission’s rules, or any other provision of previously offered by the two percent carrier (a) AMENDMENT.—Section 310 of the Commu- law. that enlarges the range of service options avail- nications Act of 1934 (47 U.S.C. 310) is amended ‘‘(e) EFFECTIVE DATE.—The provisions of this able to ratepayers of such carrier. by adding at the end the following: section shall apply with respect to any rule ‘‘SEC. 286. ENTRY OF COMPETING CARRIER. ‘‘(f) DEADLINE FOR MAKING PUBLIC INTEREST adopted on or after the date of enactment of this ‘‘(a) PRICING FLEXIBILITY.—Notwithstanding DETERMINATION.— section. any other provision of this Act, any two percent ‘‘(1) TIME LIMIT.—In connection with any ‘‘SEC. 282. LIMITATION OF REPORTING REQUIRE- carrier shall be permitted to deaverage its inter- merger between two percent carriers, or the ac- MENTS. state switched or special access rates, file tariffs quisition, directly or indirectly, by a two percent ‘‘(a) LIMITATION.—The Commission shall not on one day’s notice, and file contract-based tar- carrier or its affiliate of securities or assets of require a two percent carrier— iffs for interstate switched or special access serv- another two percent carrier or its affiliate, if the ‘‘(1) to file cost allocation manuals or to have ices immediately upon certifying to the Commis- merged or acquiring carrier remains a two per- such manuals audited or attested, but a two sion that a telecommunications carrier unaffili- cent carrier after the merger or acquisition, the percent carrier that qualifies as a class A carrier ated with such carrier is engaged in facilities- Commission shall make any determinations re- shall annually certify to the Commission that based entry within such carrier’s service area. A quired by this section and section 214, and shall the two percent carrier’s cost allocation complies two percent carrier subject to rate-of-return reg- rule on any petition for waiver of the Commis- with the rules of the Commission; or ulation with respect to an interstate switched or sion’s rules or other request related to such de- ‘‘(2) to file Automated Reporting and Manage- special access service, for which pricing flexi- terminations, not later than 60 days after the ment Information Systems (ARMIS) reports. bility has been exercised pursuant to this sub- date an application with respect to such merger ‘‘(b) PRESERVATION OF AUTHORITY.—Except as or acquisition is submitted to the Commission. provided in subsection (a), nothing in this Act section, shall compute its interstate rate of re- turn based on the nondiscounted rate for such ‘‘(2) APPROVAL ABSENT ACTION.—If the Com- limits the authority of the Commission to obtain mission does not approve or deny an application access to information under sections 211, 213, service. ‘‘(b) PRICING DEREGULATION.—Notwith- as described in paragraph (1) by the end of the 215, 218, and 220 with respect to two percent car- period specified, the application shall be deemed riers. standing any other provision of this Act, upon receipt by the Commission of a certification by a approved on the day after the end of such pe- ‘‘SEC. 283. INTEGRATED OPERATION OF TWO PER- two percent carrier that a local exchange carrier riod. Any such application deemed approved CENT CARRIERS. under this subsection shall be deemed approved ‘‘The Commission shall not require any two that is not a two percent carrier is engaged in facilities-based entry within the two percent without conditions. percent carrier to establish or maintain a sepa- ‘‘(3) ELECTION PERMITTED.—The Commission rate affiliate to provide any common carrier or carrier’s service area, the Commission shall reg- ulate such two percent carrier as non-dominant, shall permit a two percent carrier to make an noncommon carrier services, including local and election pursuant to section 284 with respect to interexchange services, commercial mobile radio and therefore shall not require the tariffing of the interstate service offerings of such two per- any local exchange facilities acquired as a re- services, advanced services (within the meaning sult of a merger or acquisition that is subject to of section 706 of the Telecommunications Act of cent carrier. ‘‘(c) PARTICIPATION IN EXCHANGE CARRIER AS- the review deadline established in paragraph (1) 1996), paging, Internet, information services or of this subsection.’’. other enhanced services, or other services. The SOCIATION TARIFF.—A two percent carrier that meets the requirements of subsection (a) or (b) of (b) EFFECTIVE DATE.—The provisions of this Commission shall not require any two percent section shall apply with respect to any applica- carrier and its affiliates to maintain separate of- this section with respect to one or more study areas shall be permitted to participate in the tion that is submitted to the Commission on or ficers, directors, or other personnel, network fa- after the date of enactment of this Act. Applica- cilities, buildings, research and development de- common line tariff administered and filed by the National Exchange Carrier Association or any tions pending with the Commission on the date partments, books of account, financing, mar- of enactment of this Act shall be subject to the keting, provisioning, or other operations. successor tariff or administrator, by electing to include one or more of its study areas in such requirements of this section as if they had been ‘‘SEC. 284. PARTICIPATION IN TARIFF POOLS AND filed with the Commission on the date of enact- PRICE CAP REGULATION. tariff. EFINITIONS ment of this Act. ‘‘(a) NECA POOL.—The participation or with- ‘‘(d) D .—For purposes of this sec- tion: SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS drawal from participation by a two percent car- FOR RECONSIDERATION OR WAIVER. rier of one or more study areas in the common ‘‘(1) FACILITIES-BASED ENTRY.—The term ‘fa- cilities-based entry’ means, within the service (a) AMENDMENT.—Section 405 of the Commu- line tariff administered and filed by the Na- nications Act of 1934 (47 U.S.C. 405) is amended tional Exchange Carrier Association or any suc- area of a two percent carrier— ‘‘(A) the provision or procurement of local by adding to the end the following: cessor tariff or administrator shall not obligate ‘‘(c) EXPEDITED ACTION REQUIRED.— such carrier to participate or withdraw from telephone exchange switching or its equivalent; and ‘‘(1) TIME LIMIT.—Within 90 days after receiv- participation in such tariff for any other study ing from a two percent carrier a petition for re- area. The Commission may require a two per- ‘‘(B) the provision of telephone exchange serv- ice to at least one unaffiliated customer. consideration or other review filed under this cent carrier to give 60 days notice of its intent section or a petition for waiver of a rule, policy, to participate or withdraw from participation in ‘‘(2) CONTRACT-BASED TARIFF.—The term ‘con- tract-based tariff’ shall mean a tariff based on or other Commission requirement, the Commis- such common line tariff with respect to a study sion shall issue an order granting or denying area. Except as permitted by section 310(f)(3), a a service contract entered into between a two percent carrier and one or more customers of such petition. If the Commission fails to act on two percent carrier’s election under this sub- a petition for waiver subject to the requirements section shall be binding for one year from the such carrier. Such tariff shall include— ‘‘(A) the term of the contract, including any of this section within this 90-day period, the re- date of the election. renewal options; lief sought in such petition shall be deemed ‘‘(b) PRICE CAP REGULATION.—A two percent granted. If the Commission fails to act on a peti- carrier may elect to be regulated by the Commis- ‘‘(B) a brief description of each of the services provided under the contract; tion for reconsideration or other review subject sion under price cap rate regulation, or elect to to the requirements of this section within such withdraw from such regulation, for one or more ‘‘(C) minimum volume commitments for each service, if any; 90-day period, the Commission’s enforcement of of its study areas. The Commission shall not re- any rule the reconsideration or other review of quire a carrier making an election under this ‘‘(D) the contract price for each service or services at the volume levels committed to by the which was specifically sought by the petitioning subsection with respect to any study area or party shall be stayed with respect to that party areas to make the same election for any other customer or customers; ‘‘(E) a brief description of any volume dis- until the Commission issues an order granting or study area. Except as permitted by section denying such petition. 310(f)(3), a two percent carrier’s election under counts built into the contract rate structure; and ‘‘(2) FINALITY OF ACTION.—Any order issued this subsection shall be binding for one year under paragraph (1), or any grant of a petition from the date of the election. ‘‘(F) a general description of any other classi- fications, practices, and regulations affecting for waiver that is deemed to occur as a result of ‘‘SEC. 285. DEPLOYMENT OF NEW TELECOMMUNI- the contract rate. the Commission’s failure to act under paragraph CATIONS SERVICES BY TWO PER- (1), shall be a final order and may be ap- CENT COMPANIES. ‘‘(3) SERVICE AREA.—The term ‘service area’ pealed.’’. ‘‘(a) ONE-DAY NOTICE OF DEPLOYMENT.—The has the same meaning as in section 214(e)(5). (b) EFFECTIVE DATE.—The provisions of this Commission shall permit two percent carriers to ‘‘SEC. 287. SAVINGS PROVISIONS. section shall apply with respect to any petition introduce new interstate telecommunications ‘‘(a) COMMISSION AUTHORITY.—Nothing in for reconsideration or other review or petition services by filing a tariff on one day’s notice this part shall be construed to restrict the au- for waiver that is submitted to the Commission showing the charges, classifications, regula- thority of the Commission under sections 201 on or after the date of enactment of this Act. tions, and practices therefor, without obtaining through 208. Petitions for reconsideration or petitions for a waiver, or make any other showing before the ‘‘(b) RURAL TELEPHONE COMPANY RIGHTS.— waiver pending with the Commission on the Commission in advance of the tariff filing. The Nothing in this part shall be construed to dimin- date of enactment of this Act shall be subject to Commission shall not have authority to approve ish the rights of rural telephone companies oth- the requirements of this section as if they had or disapprove the rate structure for such serv- erwise accorded by this Act, or the rules, poli- been filed on the date of enactment of this Act. ices shown in such tariff. cies, procedures, guidelines, and standards of ‘‘(b) DEFINITION.—For purposes of subsection the Commission as of the date of enactment of The SPEAKER pro tempore. Pursu- (a), the term ‘new interstate telecommunications this section.’’. ant to the rule, the gentleman from

VerDate 21-MAR-2001 23:22 Mar 21, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.016 pfrm02 PsN: H21PT1 H1032 CONGRESSIONAL RECORD — HOUSE March 21, 2001 Michigan (Mr. UPTON) and the gen- relief to those incumbent local ex- This bill passed by unanimous voice tleman from Wisconsin (Mr. BARRETT) change carriers that possess fewer than vote in the House and in the Com- each will control 20 minutes. 2 percent of the Nation’s access lines. mittee on Commerce. This legislation The Chair recognizes the gentleman I commend in particular the gentle- does nothing more than clear out the from Michigan (Mr. UPTON). woman from Wyoming (Mrs. CUBIN), regulatory underbrush that makes it GENERAL LEAVE my good friend and colleague, for au- difficult for small and mid-size compa- Mr. UPTON. Mr. Speaker, I ask unan- thoring this legislation again; and I nies to offer the same types of services imous consent that all Members may urge my colleagues to support it. that their sometimes larger competi- have 5 legislative days within which to Mr. Speaker, I reserve the balance of tors do. revise and extend their remarks and to my time. Let me give my colleagues an idea of insert extraneous material on H.R. 496. Mr. BARRETT of Wisconsin. Mr. the companies in my State that we are The SPEAKER pro tempore. Is there Speaker, I yield myself such time as I talking about. H.R. 496 helps compa- objection to the request of the gen- may consume. nies like small telephone carriers in tleman from Michigan? Mr. Speaker, I am pleased to join my Chugwater, Wyoming, Chugwater Tele- There was no objection. colleagues on the Committee on En- phone Company, which has 300 access ergy and Commerce in support of the Mr. UPTON. Mr. Speaker, I yield my- lines. All West Communications has 363 Independent Telecommunications Con- self such time as I may consume. access lines. Project Telephone Com- Mr. Speaker, I rise today in strong sumer Enhancement Act. Along with pany, 219. Union Telephone, 1,600. It is support of H.R. 496, the Independent the gentleman from Tennessee (Mr. one of the larger. These are the types Telecommunications Consumer En- GORDON) and the gentleman from Mis- of carriers that are in my district, and hancement Act of 2001. This legislation sissippi (Mr. PICKERING), I was an origi- my colleagues will find these types of provides common sense regulatory re- nal cosponsor of the bill introduced by carriers all over the country. These are lief that will enable small and mid-size the gentlewoman from Wyoming (Mrs. the carriers we are trying to help not telephone companies to respond to CUBIN) in the previous Congress and re- have to fill out the extraordinarily competition in their service terri- introduced this year. tories. The gentleman from Tennessee (Mr. complex and expensive forms that the For too long, telephone companies GORDON) had intended to be here to larger companies, AT&T and some of have been saddled with unnecessary manage this bill this morning, but he the larger companies, have to do. and burdensome regulations that in- and his wife, Leslie, are welcoming b 1115 crease the costs associated with pro- their new baby daughter, Peyton Mar- The intention was then and it con- viding phone service. The current regu- garet, into the world this morning. So tinues to be my intention today to latory framework for incumbent local I offer my congratulations to both of lessen the regulatory burdens on small exchange carriers is, to say the least, them for that. and mid-sized telephone companies so The Independent Telecommuni- antiquated. that they can streamline their business Too often, the FCC imposes one-size- cations Consumer Enhancement Act, plans and, hopefully, shift some more fits-all rules on all carriers, neglecting approved by voice vote on the House of their resources to deploying ad- to take into account the size of car- floor last year, would relax some of the vanced telecommunication services to riers and the difference in the level of FCC’s one-size-fits-all regulations for all areas of the country, including competition faced by carriers that our Nation’s small and mid-size local rural areas. serve disparate geographic regions. Re- telephone companies, those with less With the help of many of my col- ports must be filed that are rarely, if than 2 percent of the Nation’s phone leagues, and I sincerely thank them, ever, read probably by FCC staff, re- lines. ports that literally cost millions and These companies serve rural and sub- especially the chairman of the Com- millions of dollars and certainly count- urban communities across the country mittee on Commerce, the gentleman less man-hours to compile. and are poised to offer broadband and from Louisiana (Mr. TAUZIN); the gen- The FCC also imposes rigid rules on other advanced services to customers tleman from Michigan (Mr. UPTON), the the types of price regulation that small who are often outside the scope of the subcommittee chairman; the gen- and mid-size carriers may, in fact, larger companies. This bill will reduce tleman from Mississippi (Mr. PICK- elect. These rigid rules prevent a car- paperwork for the smaller companies, ERING); the gentleman from Wisconsin rier from electing different regulatory increase their pricing flexibility, and (Mr. BARRETT); the gentleman from treatment for different parts of its ter- allow them to bundle services on one Tennessee (Mr. GORDON); and the gen- ritory, even if the carrier serves dis- bill without reopening the 1996 Tele- tleman from Oklahoma (Mr. LARGENT). tinctive regions of a State or the coun- communications Act. I really appreciate the help that they try, and the costs to provide such serv- In my State of Wisconsin, 81 of the 83 have given in getting this bill to this ice in these regions is simply not the companies providing local service are point. same. classified as 2 percent companies. By The FCC, to its credit, has made The FCC’s rules also do not give freeing these companies from portions some headway in this area, and I do small and mid-size carriers the flexi- of a regulatory system designed with commend them for it, however, they bility to offer discounts to reflect com- much larger companies in mind, we cannot seem to get the ball across the petitive conditions in their service ter- will be taking an important first step goal line. In 1999, the Commission initi- ritory. towards bridging the digital divide by ated a process to reduce accounting re- Mr. Speaker, one final area that the allowing for increased investment in quirements for small telecommuni- bill addresses concerns the process Internet facilities in rural and subur- cations companies; and although we through which the FCC issues decisions ban areas. have seen some incremental steps and on mergers and waivers of the Commis- I urge my colleagues to support this public meetings held, we have yet to sion’s rules. Mr. Speaker, this process common sense legislation, Mr. Speak- see a final product. I said it last year takes way too long. Mergers of small er. and I will restate it, because I think it and mid-size carriers, or the acquisi- Mr. Speaker, I reserve the balance of is very important, the Commission’s tion of one of these carriers of access my time. time line on finalizing the accounting lines belonging to a large carrier, Mr. UPTON. Mr. Speaker, I yield 5 and reporting standards has changed should be decided within 60 days. Re- minutes to the gentlewoman from Wy- like the Wyoming winds. My bill does quests for waivers or reconsideration of oming (Mrs. CUBIN). nothing more than what the Commis- the commission’s rules governing the Mrs. CUBIN. Mr. Speaker, last year I sion already says it is attempting to activities of small and mid-size compa- introduced legislation similar to H.R. do. nies should not take longer than 90 496 that began a process to force the One of the concerns I heard last year days. Both of these timetables give the Federal Communications Commission was that the bill would somehow make FCC plenty of time to make the review. to administer small and mid-size tele- it impossible to collect sufficient cost Mr. Speaker, I would like to reiterate communications companies differently data to determine its high-cost support that this bill provides common sense during its regulatory deliberations. mechanisms. My colleagues all know

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.034 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1033 that I represent the most rural State communications Enhancement Act of panies like these that provide really in the country and, as such, Federal 2001. the only service, whether it be high- universal service support is absolutely H.R. 496 is good for southwest Min- speed digital fiber to those commu- critical. I would never do anything to nesota because it helps our small and nities, whether cable, all of those dif- compromise universal service. mid-sized telephone companies by re- ferent things. These companies are In a letter written to me last month ducing the regulatory burden that has there and they are the only ones there. by the president of the National Asso- been put upon them. One of my goals in In fact, their prosperity will only grow ciation of Regulatory Utility Commis- Congress is to help our rural commu- because of this legislation. sioners, or NARUC, and the Chair of nities by improving their rural tele- I would note that last year we passed the NARUC Telecom Committee made communications infrastructure. this legislation without dissent. I it clear that nothing in this bill, and I I believe that this bill, introduced by would think that again this year we quote, ‘‘precludes States from access to the gentlewoman from Wyoming, who will pass it without dissent as well. I information needed in State pro- says she is from the most rural State, ask all my colleagues to vote in sup- ceedings through data requests or simi- while I profess to be from the most port of this legislation. lar methods. We understand that this rural district in the country, that this Mr. TOWNS. Mr. Speaker, independent tele- bill does not affect underlying account- will help us meet the goal by reducing phone companies have filled an important role ing rules nor prohibitions against cross government regulations on smaller in the development of our Nation’s tele- subsidies.’’ phone companies and allowing them to communications system. For decades the co- Let me be clear. This bill does noth- focus their efforts instead on providing operatives and family-owned businesses made ing to take away any authority from quality and competitive service to sure that all Americans would have access to the FCC in requesting necessary paper- rural America instead of dealing with quality telephone service. Entrepreneurs are work that it needs to do its job. burdensome regulations. buying exchanges promising to deploy im- Mr. Speaker, I want to be brief, By allowing companies to focus on proved voice and data service in small com- which I guess is already too late, so I improving our communities by deploy- munities. will summarize the changes and im- ing new services and investing in infra- Recent studies by NECA and NTIA show provements that we have made to the structure instead of complying with that small carriers like these are investing in bill. Last year, the gentleman from burdensome regulations, more resi- broadband deployment. I support any legisla- dents in southwest Minnesota and in Massachusetts (Mr. MARKEY) and I tion that would speed the deployment of ad- worked on several modifications to the Wyoming will have access to tele- vanced services, whether that’s in Brooklyn, bill, a majority of which were incor- communication services that their New York or Basin, Wyoming. The Digital Di- porated into it as it passed the House. friends and families in bigger cities of- vide is a pressing issue in this country, not tentimes already have. This year we have continued our dia- only in urban areas but rural ones as well. I I believe this is a step in the right di- logue and have come together on even do not look kindly on those who feel that the rection towards closing the digital di- Digital Divide is not an issue in this country. more changes and clarifications. vide that we face here in America, and First, I want to commend the gen- Those of us who represent rural and urban I also believe that by improving rural tleman from Massachusetts for his con- areas know all too well the lack of access our telecommunications services and infra- cern for rural telecommunications cus- constituents face. We have a responsibility to structure that we can make our rural create digital opportunities for all Americans, tomers and the rates that they pay. I areas more attractive to new and exist- am pleased that we have had the oppor- not just those living in the big cities. ing businesses. I want to voice my support for this legisla- tunity to work out language that will I thank the chairman, I thank the tion, but I do have concerns that giving car- guaranty that under section 286 of the gentlewoman from Wyoming for put- riers too much price flexibility could put con- bill, which is the pricing flexibility sec- ting this forward, and I look forward to sumers at a competitive disadvantage. I be- tion, that rural customers’ rates will voting for it. lieve we should support small carriers as well not increase when competition forces Mr. BARRETT of Wisconsin. Mr. as consumer interests. I want to be on record prices to go down in one area only to Speaker, I yield back the balance of as promoting broadband deployment in rural be shifted to another area to make up my time. areas while not jeopardizing the affordability of the difference. Mr. UPTON. Mr. Speaker, I yield my- basic phone services. We have tightened the definition of self such time as I may consume. Mr. MARKEY. Mr. Speaker, I rise in opposi- what a 2 percent carrier is. There is Mr. Speaker, I know I asked unani- tion to H.R. 496. Before I speak to the remain- now language in section 284 where we mous consent that all Members be able ing issues of concern with the legislation that have installed a bulletproof fire wall to to revise and extend their remarks, but I believe must be rectified before it merits sup- protect against possible gaming of the I particularly want to note and request port, I want to begin by thanking Mrs. CUBIN, system when companies elect to choose the addition for the RECORD of the Mr. GORDON, Mr. DINGELL, and Chairman TAU- tariff flexibility. statement by the vice chairman of the ZIN, and Chairman UPTON for being responsive Finally, we have reworked the merg- subcommittee, the gentleman from to many of the concerns that have been raised er section. And I want it to be clear Florida (Mr. STEARNS), who is chairing about H.R. 496 since it was first introduced. that the merger review language only an important hearing on airline merg- The bill being offered today contains many applies to those companies that remain ers now and was not able to come over helpful clarifications and changes embodied in 2 percent companies after the acquisi- and engage in the debate. it that were in response to concerns I have tion of another company. The other thing I would just like to raised about the measure. I believe that in its Mr. Speaker, I cannot overstate the point out is that my district in par- current form it clarifies a number of key defini- importance of this bill for rural areas ticular, though it is certainly not as tions that affect the scope of the bill. More- like Wyoming. I appreciate all of the rural as the State of Wyoming, is very over, the bill also contains clarifications that help that I have had in getting it this much what I consider a microcosm of better capture the expressed intent of its advo- far. the country. We have good pockets of cates without some of the possible unintended Mr. UPTON. Mr. Speaker, I yield 2 urban and rural, farms, businesses consequences that I have warned about. minutes to the gentleman from Min- large and small, and I know that, par- The legislation now better defines which nesota (Mr. KENNEDY), a supporter of ticularly as chairman of this new sub- companies qualify as ‘‘2 percent carriers’’ so the bill who represents a district that I committee, we have two outstanding that certain Bell Operating Companies are not know is fairly rural in lots of different small telephone services, one in inadvertently included in the definition. The bill ways. Bloomingdale, Michigan, in Van Buren also preserves certain Commission authority (Mr. KENNEDY of Minnesota asked County, and Climax Telephone Com- necessary to protect consumers and contains and was given permission to revise and pany in Kalamazoo County that will adjustments in provisions dealing with the in- extend his remarks.) benefit from this legislation, as we will troduction of new telecommunications serv- Mr. KENNEDY of Minnesota. Mr. see through the rest of the country as ices, participation in subsidy pools, and the Speaker, I thank the gentleman for well. pricing flexibility section. yielding me this time, and I rise in sup- We do not need burdensome regula- Again, I want to thank Mrs. CUBIN and my port of H.R. 496, the Independent Tele- tion imposed by anyone on small com- other colleagues who have agreed to these

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\K21MR7.036 pfrm01 PsN: H21PT1 H1034 CONGRESSIONAL RECORD — HOUSE March 21, 2001 changes. I believe they are helpful clarifica- ‘‘game’’ the regulatory system. We usually do customers per square mile and 20 of the ex- tions and I believe they improve the bill. I not give regulated entities the opportunity to changes have 2 or fewer subscribers per would note, however, that I still believe that choose their form of regulation but this bill square mile. additional changes are warranted for this leg- does just that. I want to commend the bill’s At a recent telecommunications conference islation and that I hope can be dealt with prior sponsors for adjusting the bill somewhat in at Creighton University in Omaha, Great to sending this bill to the President. this area in response to my concerns so that Plains CEO Mick Jensen noted that most rural This legislation, Mr. Speaker, also known as a company now chooses rate-or-return regula- telephone companies are experiencing flat the ‘‘2 percent’’ bill, directly affects small and tion or price cap regulation and this election growth, that flat growth makes investment dif- mid-sized telephone companies and has re- must be done for 1 year. However, clarifying ficult, that costs continue to rise, and that percussions for millions of consumers across that such election cannot be done on any these rural telephone companies lack econo- the country. given month but rather on an annual basis mies of scale and are serving many customers A chief concern is the ‘‘trigger’’ for key de- does not fully alleviate the problem. Flipping with limited income. regulatory provisions in the bill, namely the back and forth on a yearly basis still permits Across the United States more than 1,000 pricing flexibility and pricing deregulation provi- companies to game the regulatory system in small, local telephone companies are facing sions. The bill on the House floor today will my view. similar problems as they work to provide good continue to allow pricing deregulation upon the Another issue I want to highlight is the service to rural residents. These telephone arrival of ‘‘facilities-based’’ competition in a merger review section. This section states that companies have more limited financial re- given service area. Facilities-based entry, any review involving a so-called 2 percent car- sources and relatively higher expenses than however, is defined in the bill to include not rier must be approved or denied by the Com- large telephone companies. Yet, these small only provision of local exchange switching or mission within 60 days. I understand that the companies must function under FCC regula- its equivalent, but also the ‘‘procurement’’ of companies do not want merger reviews to tions intended for large carriers. such. Moreover, a facilities-based competitor drag on for years, but I would suggest that 60 Mr. Speaker, the Independent Tele- is merely required to have at least one cus- days is too short and unrealistic. communications Consumer Enhancement Act tomer—I repeat, one sole customer. While I believe the Commission is itself is will help to end ‘‘one-size-fits-all’’ regulation of Hopefully there will be more competition. streamlining its process, if the majority is in- small and rural telecommunications carriers. It The point is that although competition may ar- sistent on having a merger review ‘‘shot clock’’ will protect these carriers and their customers rive, it may not be robust or effective in con- I would suggest giving the Commission a from unfair and unnecessary regulatory bur- straining prices. A single competitor serving a greater period of time. dens. And, in doing so, it will free resources single customer is simply an insufficient trigger Finally, I want to comment broadly on the that can be used to provide advanced tele- for deregulation. Such a low threshold will overall intent of the bill and what I believe will communications services to residents of rural mean sweeping deregulation with only the illu- be the unfulfilled promise that the sponsors of areas. sion of truly competitive markets in many the bill seek to achieve. While the purpose of Mr. UPTON. Mr. Speaker, I yield areas of the country. I hope we can subse- the bill as stated in its text, is to accelerate the back the balance of my time. quently adjust this competitive trigger so that deployment of advanced services in more The SPEAKER pro tempore (Mr. it reflects the kind of significant competition rural areas of the country, there is no require- SIMPSON). The question is on the mo- that serves to constrain prices and drive inno- ment that any of the savings a company gar- tion offered by the gentleman from vation, rather than the ‘‘paper tiger’’ competi- ners through lessened regulatory obligations Michigan (Mr. UPTON) that the House tion that this definition will permit for deregula- be spent or invested in deployment of new, or suspend the rules and pass the bill, tion to occur. advanced services to rural areas. The legisla- H.R. 496, as amended. In addition, I am concerned about combining tion has no advanced services build-out re- The question was taken; and (two- a lessening of reporting requirements with the quirement, no blueprint or timetable for de- thirds having voted in favor thereof) continuation, and indeed, increased flexibility, ployment to rural areas for such services. It the rules were suspended and the bill, of participation in subsidy pools. At a time appears that the savings a company enjoys as amended, was passed. when policymakers are struggling to extract through this bill can go directly to profits and A motion to reconsider was laid on unnecessary subsidies from the system and to shareholders. the table. make remaining subsidies more explicit, this As we proceed further on this bill I would f legislation would appear to make it more dif- encourage Members to further review sugges- ficult for policymakers and regulators to dis- tions made by NARUC and its membership APPOINTMENT OF MEMBERS TO cern whether the subsidies generally, or par- and work again on these issues so that con- BOARD OF TRUSTEES OF JOHN ticular subsidy levels, are still justified or need sumers and the public interest are fully pro- F. KENNEDY CENTER FOR THE to be recalibrated. Mr. Speaker, the National tected. PERFORMING ARTS Association of Regulatory Utility Commis- Again, I want to thank Mrs. CUBIN for the The SPEAKER pro tempore. Without sioners (NARUC) recently passed a resolution adjustments in the bill that she has been will- objection, and pursuant to section 2(a) on this bill that stated in part—and I’ll quote ing to make thus far. I enjoy working with her of the National Cultural Center Act (20 from it—that ‘‘appropriate reporting require- and want to continue our discussions on this U.S.C. 76h(a)), the Chair announces the ments that . . . verify proper distribution and bill. I believe that working together, along with Speaker’s appointment of the following use of universal service funding should con- Chairman UPTON, Chairman TAUZIN, Mr. DIN- Members of the House to the Board of tinue to be available.’’ GELL, Mr. GORDON, Mr. BARRETT, Mr. PICK- Trustees of the John F. Kennedy Cen- If these so-called 2 percent companies want ERING, Mr. LARGENT and other supporters of ter for the Performing Arts: to live in a truly competitive environment with the bill, that we can ultimately reach a resolu- Mr. HASTERT of Illinois; less regulation then I’m all for that—I wish tion with the Senate that works for everybody. Mr. KOLBE of Arizona; and them well and I hope they make it in the free In addition I want to commend and thank Mrs. Mr. GEPHARDT of Missouri. marketplace. CUBIN’S staff, Bryan Jacobs, and the Energy There was no objection. Yet this legislation still suffers from a ‘‘have- and Commerce Committee Republican staff, f your-cake-and-eat-it-too’’ quality. I believe that Howard Waltzman, for their efforts in fash- ANNOUNCEMENT BY THE SPEAKER even if we are unwilling today to lessen or cap ioning compromises in many sections of the PRO TEMPORE the subsidy as we lessen 2 percent company bill. regulations and move these companies from Mr. BEREUTER. Mr. Speaker, today this The SPEAKER pro tempore. Debate monopoly mindsets to greater competition, we Member received a letter from the chief exec- has concluded on all motions to sus- must at least have accountability in the sub- utive officer of one of the many rural tele- pend the rules. sidy system so that it doesn’t become even phone companies in Nebraska. Great Plains Pursuant to clause 8 of rule XX, the more bloated than it already is. Communications is based in Blair, Nebraska. Chair will now put the question on mo- I believe that this Congress needs to have Great Plains serves 33,600 lines across tions to suspend the rules on which fur- a broader discussion when we act to eliminate 13,600 square miles of rural Nebraska. The ther proceedings were postponed ear- certain legacy regulations to ensure that we company’s service area includes 76 commu- lier today, and then on the Speaker’s also act to eliminate or limit legacy subsidies. nities and 63 exchanges. That amounts to approval of the Journal. In addition, I continued to believe that there about two and one-half customers per square Votes will be taken in the following is a potential in this bill for companies to mile. Fifty of those exchanges have 6 or fewer order:

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.021 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1035 House Concurrent Resolution 43, by Hulshof Meeks (NY) Schaffer the concurrent resolution was agreed Hunter Menendez Schakowsky the yeas and nays; Hutchinson Millender- Schiff to. H.R. 1042, by the yeas and nays; Hyde McDonald Schrock The result of the vote was announced H.R. 1098, by the yeas and nays; and Inslee Miller (FL) Scott as above recorded. Approval of the Journal, de novo. Isakson Miller, Gary Sensenbrenner A motion to reconsider was laid on Israel Miller, George Serrano The Chair will reduce to 5 minutes Issa Mink Shadegg the table. the time for any electronic vote after Istook Mollohan Shaw f the first such vote in this series. Jackson (IL) Moore Shays Jackson-Lee Moran (KS) Sherman ANNOUNCEMENT BY THE SPEAKER f (TX) Moran (VA) Sherwood Jefferson Morella Shimkus PRO TEMPORE Jenkins Murtha Shows PRINTING REVISED UPDATED John Myrick Simpson The SPEAKER pro tempore (Mr. VERSION OF ‘‘BLACK AMERICANS Johnson (CT) Nadler Skeen SIMPSON). Pursuant to clause 8, rule IN CONGRESS, 1870–1989’’ Johnson (IL) Napolitano Skelton XX, the Chair will reduce to 5 minutes Johnson, E. B. Neal Slaughter the minimum time for the electronic Johnson, Sam Nethercutt Smith (MI) The SPEAKER pro tempore. The vote on each additional motion to sus- pending business is the question of sus- Jones (NC) Ney Smith (NJ) Jones (OH) Northup Smith (TX) pend the rules on which the Chair has pending the rules and agreeing to the Kanjorski Norwood Smith (WA) postponed further proceedings. concurrent resolution, H. Con. Res. 43. Kaptur Nussle Snyder The Clerk read the title of the con- Kelly Oberstar Solis f current resolution. Kennedy (MN) Obey Souder Kennedy (RI) Olver Spence PREVENTING ELIMINATION OF The SPEAKER pro tempore. The Kerns Ortiz Spratt CERTAIN REPORTS question is on the motion offered by Kildee Osborne Stark the gentleman from Ohio (Mr. NEY) Kilpatrick Ose Stearns The SPEAKER pro tempore. The Kind (WI) Otter Stenholm pending business is the question of sus- that the House suspend the rules and King (NY) Owens Strickland agree to the concurrent resolution, Kingston Oxley Stump pending the rules and passing the bill, House Concurrent Resolution 43, on Kirk Pallone Stupak H.R. 1042, as amended. Kleczka Pascrell Sununu The Clerk read the title of the bill. which the yeas and nays are ordered. Knollenberg Pastor Sweeney The vote was taken by electronic de- Kolbe Payne Tancredo The SPEAKER pro tempore. The vice, and there were—yeas 414, nays 1, Kucinich Pelosi Tanner question is on the motion offered by not voting 17, as follows: LaFalce Pence Tauscher the gentleman from New York (Mr. LaHood Peterson (MN) Tauzin GRUCCI) that the House suspend the [Roll No. 53] Lampson Peterson (PA) Taylor (MS) rules and pass the bill, H.R. 1042, as YEAS—414 Langevin Petri Terry Lantos Phelps Thomas amended, on which the yeas and nays Abercrombie Castle Ferguson Largent Pickering Thompson (CA) are ordered. Ackerman Chabot Filner Larsen (WA) Pitts Thompson (MS) Aderholt Chambliss Flake Larson (CT) Platts Thornberry This will be a 5-minute vote. Akin Clay Fletcher Latham Pombo Thune The vote was taken by electronic de- Allen Clayton Foley LaTourette Pomeroy Thurman vice, and there were—yeas 414, nays 2, Andrews Clement Ford Leach Portman Tiahrt not voting 16, as follows: Armey Clyburn Fossella Lee Price (NC) Tiberi Baca Coble Frank Levin Pryce (OH) Tierney [Roll No. 54] Bachus Combest Frelinghuysen Lewis (CA) Putnam Toomey YEAS—414 Baird Condit Frost Lewis (GA) Quinn Towns Baker Conyers Gallegly Lewis (KY) Radanovich Traficant Abercrombie Callahan Dicks Baldacci Cooksey Ganske Linder Rahall Turner Ackerman Calvert Dingell Baldwin Costello Gekas Lipinski Ramstad Udall (CO) Aderholt Camp Doggett Ballenger Cox Gephardt LoBiondo Rangel Udall (NM) Akin Cantor Dooley Barcia Coyne Gibbons Lofgren Regula Upton Allen Capito Doolittle Barr Cramer Gilchrest Lowey Rehberg Velazquez Andrews Capps Doyle Barrett Crane Gillmor Lucas (KY) Reyes Visclosky Armey Capuano Dreier Bartlett Crenshaw Gilman Lucas (OK) Reynolds Vitter Baca Cardin Duncan Barton Crowley Gonzalez Luther Riley Walden Bachus Carson (IN) Dunn Bass Cubin Goode Maloney (CT) Rivers Walsh Baird Carson (OK) Edwards Bentsen Culberson Goodlatte Maloney (NY) Rodriguez Wamp Baker Castle Ehlers Bereuter Cummings Goss Manzullo Roemer Waters Baldacci Chabot Ehrlich Berkley Cunningham Graham Markey Rogers (KY) Watkins Baldwin Chambliss Emerson Berman Davis (CA) Granger Mascara Rogers (MI) Watt (NC) Ballenger Clay Engel Berry Davis (FL) Graves Matheson Rohrabacher Watts (OK) Barcia Clayton English Biggert Davis (IL) Green (TX) Matsui Ros-Lehtinen Waxman Barr Clement Eshoo Bilirakis Davis, Jo Ann Green (WI) McCarthy (MO) Ross Weiner Barrett Clyburn Etheridge Bishop Davis, Tom Greenwood McCarthy (NY) Roukema Weldon (PA) Bartlett Coble Evans Blagojevich Deal Grucci McCollum Roybal-Allard Weller Barton Collins Everett Blumenauer DeFazio Gutierrez McCrery Royce Wexler Bass Combest Farr Blunt DeGette Gutknecht McDermott Rush Whitfield Bentsen Condit Fattah Boehlert Delahunt Hall (OH) McGovern Ryan (WI) Wicker Bereuter Conyers Ferguson Boehner DeLauro Hall (TX) McInnis Ryun (KS) Wilson Berkley Cooksey Filner Bonilla DeLay Hansen McIntyre Sabo Wolf Berman Costello Flake Bonior DeMint Harman McKeon Sanchez Wu Berry Cox Fletcher Bono Deutsch Hart McKinney Sanders Wynn Biggert Coyne Foley Borski Diaz-Balart Hastings (FL) McNulty Sandlin Young (AK) Bilirakis Cramer Ford Boswell Dicks Hastings (WA) Meehan Sawyer Young (FL) Bishop Crane Fossella Boucher Dingell Hayes Meek (FL) Saxton Blagojevich Crenshaw Frank Boyd Doggett Hayworth Blumenauer Crowley Frelinghuysen Brady (PA) Dooley Hefley NAYS—1 Blunt Cubin Frost Brady (TX) Doolittle Herger Paul Boehlert Culberson Gallegly Brown (OH) Doyle Hill Boehner Cummings Ganske Brown (SC) Dreier Hilleary NOT VOTING—17 Bonilla Cunningham Gekas Bryant Duncan Hilliard Bonior Davis (CA) Gephardt Becerra McHugh Simmons Burr Dunn Hinchey Bono Davis (FL) Gibbons Brown (FL) Mica Sisisky Burton Edwards Hinojosa Borski Davis (IL) Gilchrest Cannon Moakley Taylor (NC) Buyer Ehlers Hobson Boswell Davis, Jo Ann Gillmor Collins Rothman Weldon (FL) Callahan Ehrlich Hoeffel Boucher Davis, Tom Gilman Gordon Scarborough Woolsey Calvert Emerson Hoekstra Boyd Deal Gonzalez Keller Sessions Camp Engel Holden Brady (PA) DeFazio Goode Cantor English Holt b 1151 Brady (TX) DeGette Goodlatte Capito Eshoo Honda Brown (OH) Delahunt Goss Capps Etheridge Hooley Mr. TAYLOR of Mississippi changed Brown (SC) DeLauro Graham Capuano Evans Horn his vote from ‘‘nay’’ to ‘‘yea.’’ Bryant DeLay Granger Cardin Everett Hostettler Burr DeMint Graves Carson (IN) Farr Houghton So (two-thirds having voted in favor Burton Deutsch Green (TX) Carson (OK) Fattah Hoyer thereof) the rules were suspended and Buyer Diaz-Balart Green (WI)

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.038 pfrm01 PsN: H21PT1 H1036 CONGRESSIONAL RECORD — HOUSE March 21, 2001 Greenwood Maloney (NY) Rush Morella Sessions Weldon (FL) Hefley McCarthy (NY) Sabo Grucci Manzullo Ryan (WI) Rothman Sisisky Herger McCollum Sanchez Gutierrez Markey Ryun (KS) Scarborough Taylor (NC) Hill McCrery Sanders Gutknecht Mascara Sabo Hilleary McDermott Sandlin Hall (OH) Matheson Sanchez b 1201 Hilliard McGovern Sawyer Hall (TX) Matsui Sanders Hinchey McInnis Saxton Hansen McCarthy (MO) Sandlin So (two-thirds having voted in favor Hinojosa McIntyre Schaffer Harman McCarthy (NY) Sawyer thereof) the rules were suspended and Hobson McKeon Schakowsky Hart McCollum Saxton the bill, as amended, was passed. Hoeffel McKinney Schiff Hastings (FL) McCrery Schaffer The result of the vote was announced Hoekstra McNulty Schrock Hastings (WA) McDermott Schakowsky Holden Meehan Scott Hayes McGovern Schiff as above recorded. Holt Meek (FL) Sensenbrenner Hayworth McInnis Schrock A motion to reconsider was laid on Honda Meeks (NY) Serrano Herger McIntyre Scott the table. Hooley Menendez Shadegg Hill McKeon Sensenbrenner Shaw Stated for: Horn Millender- Hilleary McKinney Serrano Hostettler McDonald Shays Hilliard McNulty Shadegg Mr. KENNEDY of Minnesota. Mr. Speaker, Houghton Miller (FL) Sherman Hinchey Meehan Sherwood Shaw on rollcall No. 54 I was inadvertently detained. Hoyer Miller, Gary Hinojosa Meek (FL) Shays Shimkus Hulshof Miller, George Hobson Meeks (NY) Sherman Had I been present, I would have voted ‘‘yea.’’ Shows Hunter Mink Hoeffel Menendez Sherwood Simmons f Hutchinson Mollohan Hoekstra Millender- Shimkus Simpson Hyde Moore Holden McDonald Shows Skeen MARITIME POLICY IMPROVEMENT Inslee Moran (KS) Holt Miller (FL) Simmons Skelton Isakson Moran (VA) Honda Miller, Gary Simpson ACT OF 2001 Slaughter Israel Morella Hooley Miller, George Skeen Smith (MI) The SPEAKER pro tempore (Mr. Issa Murtha Horn Mink Skelton Smith (NJ) Istook Myrick Hostettler Mollohan Slaughter SIMPSON). The pending business is the Smith (TX) Jackson (IL) Nadler Houghton Moore Smith (MI) question of suspending the rules and Smith (WA) Jackson-Lee Napolitano Hoyer Moran (KS) Smith (NJ) passing the bill, H.R. 1098. Snyder Hulshof Moran (VA) Smith (TX) (TX) Neal Solis Hunter Murtha Smith (WA) The Clerk read the title of the bill. Jefferson Nethercutt Souder Hutchinson Myrick Snyder The SPEAKER pro tempore. The Jenkins Ney Spence Hyde Nadler Solis question is on the motion offered by John Northup Spratt Johnson (CT) Norwood Inslee Napolitano Souder the gentleman from New Jersey (Mr. Stark Isakson Neal Spence Johnson (IL) Nussle Stearns Israel Nethercutt Spratt LOBIONDO) that the House suspend the Johnson, E. B. Oberstar Stenholm Issa Ney Stark rules and pass the bill, H.R. 1098, on Johnson, Sam Obey Strickland Istook Northup Stearns which the yeas and nays are ordered. Jones (NC) Olver Stump Jackson (IL) Norwood Stenholm Jones (OH) Ortiz Stupak Jackson-Lee Nussle Strickland This will be a 5-minute vote. Kanjorski Osborne Sununu (TX) Oberstar Stump The vote was taken by electronic de- Kaptur Ose Sweeney Jefferson Obey Stupak vice, and there were—yeas 415, nays 3, Kelly Otter Tancredo Jenkins Olver Sununu not voting 14, as follows: Kennedy (MN) Owens Tanner John Ortiz Sweeney Kennedy (RI) Oxley Tauscher Johnson (CT) Osborne Tancredo [Roll No. 55] Kerns Pallone Tauzin Johnson (IL) Ose Tanner YEAS—415 Kildee Pascrell Terry Johnson, E. B. Otter Tauscher Kilpatrick Pastor Thomas Johnson, Sam Owens Tauzin Abercrombie Capito Dunn Kind (WI) Payne Thompson (CA) Jones (NC) Oxley Terry Ackerman Capps Edwards King (NY) Pelosi Thompson (MS) Jones (OH) Pallone Thomas Aderholt Capuano Ehlers Kingston Pence Thornberry Kanjorski Pascrell Thompson (CA) Akin Cardin Ehrlich Kirk Peterson (MN) Thune Kaptur Pastor Thompson (MS) Allen Carson (IN) Emerson Kleczka Peterson (PA) Thurman Kelly Paul Thornberry Andrews Carson (OK) Engel Knollenberg Petri Tiahrt Kennedy (RI) Payne Thune Armey Castle English Kolbe Phelps Tiberi Kerns Pelosi Thurman Baca Chabot Eshoo Kucinich Pickering Tierney Kildee Pence Tiahrt Bachus Chambliss Etheridge LaFalce Pitts Toomey Kilpatrick Peterson (MN) Tiberi Baird Clay Evans LaHood Platts Towns Kind (WI) Peterson (PA) Tierney Baker Clayton Everett Lampson Pombo Traficant King (NY) Petri Toomey Baldacci Clement Farr Langevin Pomeroy Turner Kingston Phelps Towns Baldwin Clyburn Fattah Lantos Portman Udall (CO) Kirk Pickering Traficant Ballenger Coble Ferguson Largent Price (NC) Udall (NM) Kleczka Pitts Turner Barcia Collins Filner Larsen (WA) Pryce (OH) Upton Knollenberg Platts Udall (CO) Barr Combest Fletcher Larson (CT) Putnam Velazquez Kolbe Pombo Udall (NM) Barrett Condit Foley Latham Quinn Visclosky Kucinich Pomeroy Upton Bartlett Conyers Ford LaTourette Radanovich Vitter LaFalce Portman Velazquez Barton Cooksey Fossella Leach Rahall Walden LaHood Price (NC) Visclosky Bass Costello Frank Lee Ramstad Walsh Lampson Pryce (OH) Vitter Bentsen Cox Frelinghuysen Levin Rangel Wamp Bereuter Coyne Langevin Putnam Walden Frost Lewis (CA) Regula Waters Berkley Cramer Gallegly Lantos Quinn Walsh Lewis (GA) Rehberg Watkins Berman Crane Ganske Largent Radanovich Wamp Lewis (KY) Reyes Watt (NC) Berry Crenshaw Gekas Larsen (WA) Rahall Waters Linder Reynolds Watts (OK) Biggert Crowley Gephardt Larson (CT) Ramstad Watkins Lipinski Riley Waxman Bilirakis Cubin Gibbons Latham Rangel Watt (NC) LoBiondo Rivers Weiner Bishop Culberson Gilchrest LaTourette Regula Watts (OK) Lofgren Rodriguez Weldon (PA) Blagojevich Cummings Gillmor Leach Rehberg Waxman Lowey Roemer Weller Blumenauer Cunningham Gilman Lee Reyes Weiner Lucas (KY) Rogers (KY) Wexler Blunt Davis (CA) Gonzalez Levin Reynolds Weldon (PA) Lucas (OK) Rogers (MI) Whitfield Boehlert Davis (FL) Goode Lewis (CA) Riley Weller Luther Rohrabacher Wicker Lewis (GA) Rivers Wexler Boehner Davis (IL) Goodlatte Wilson Bonilla Davis, Jo Ann Goss Maloney (CT) Ros-Lehtinen Lewis (KY) Rodriguez Whitfield Maloney (NY) Ross Wolf Linder Roemer Wicker Bonior Davis, Tom Graham Woolsey Bono Deal Granger Manzullo Roukema Lipinski Rogers (KY) Wilson Markey Roybal-Allard Wu LoBiondo Rogers (MI) Wolf Borski DeFazio Graves Wynn Boswell DeGette Green (TX) Mascara Royce Lofgren Rohrabacher Woolsey Matheson Rush Young (AK) Lowey Ros-Lehtinen Wu Boucher Delahunt Green (WI) Young (FL) Boyd DeLauro Greenwood Matsui Ryan (WI) Lucas (KY) Ross Wynn McCarthy (MO) Ryun (KS) Lucas (OK) Roukema Young (AK) Brady (PA) DeLay Grucci Luther Roybal-Allard Young (FL) Brady (TX) DeMint Gutierrez Maloney (CT) Royce Brown (OH) Deutsch Gutknecht NAYS—3 Brown (SC) Diaz-Balart Hall (OH) Flake Paul Taylor (MS) NAYS—2 Bryant Dicks Hall (TX) Burr Dingell Hansen NOT VOTING—14 Hefley Taylor (MS) Burton Doggett Harman Buyer Dooley Hart Becerra McHugh Sessions NOT VOTING—16 Callahan Doolittle Hastings (FL) Brown (FL) Mica Sisisky Becerra Gordon McHugh Calvert Doyle Hastings (WA) Cannon Moakley Taylor (NC) Brown (FL) Keller Mica Camp Dreier Hayes Gordon Rothman Weldon (FL) Cannon Kennedy (MN) Moakley Cantor Duncan Hayworth Keller Scarborough

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.018 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1037 b 1209 b 1215 Most of these environmental extrem- So (two-thirds of those present hav- But you almost never hear the fact ists come from very wealthy families, ing voted in favor thereof) the rules that education spending has gone up at and they probably have nice homes al- were suspended and the bill was passed. a rate many times the rate of inflation ready or even second homes in the The result of the vote was announced over the last several years. country. as above recorded. But I want to expand today on some- But it is not fair and it is not right, A motion to reconsider was laid on thing else that I mentioned in that spe- Mr. Speaker, for the people who al- the table. cial order of a few days ago, and that is ready have what they want to demand policies that drive up the costs and put f government’s appetite for land. Just as you can never satisfy govern- an important part of the American THE JOURNAL ment’s appetite for money, you can dream out of reach for millions of The SPEAKER pro tempore. Pursu- never satisfy government’s desire for younger or lower income people. ant to clause 8, rule XX, the pending land. They always want more, and they Make no mistake about it, when gov- business is the question of the Speak- have been getting it at what people ernment buys or restricts more and er’s approval of the Journal of the last should realize is an alarming rate. more land, it drives up the costs of the day’s proceedings. Today, over 30 percent of the land in rest of the land. And this hurts poor Pursuant to clause 1, rule I, the Jour- the United States is owned by the Fed- and lower income and middle income nal stands approved. eral Government. Another almost 20 people the most. Even those forced to live in apart- f percent is owned by State and local governments or quasi-governmental ments are hurt, because apartment de- REMOVAL OF NAME OF MEMBER agencies. velopers have to pass their exorbitant AS COSPONSOR OF H.R. 459 So today you have about half the land and regulatory costs on to their Mr. LARSEN of Washington. Mr. land in some type of public or govern- tenants. When government takes land, Speaker, I ask unanimous consent that mental ownership. they almost always take it from poor the gentleman from California (Mr. The most alarming thing is the speed or lower income people or small farm- LEWIS) be removed as a cosponsor of with which this government greed for ers. H.R. 459. land has grown over the past 30 years We have way too many industrial The SPEAKER pro tempore. Is there or 40 years. parks in this country today. States and objection to the request of the gen- Another alarming aspect of this local governments, which do almost tleman from Washington? trend is the growing number of restric- nothing for older small businesses, will There was no objection. tions that government at all levels is give almost anything to some big com- putting on the land that does remain in pany to move from someplace else. f private hands. Is it right for governments to take SPECIAL ORDERS A few years ago, the National Home property for very little paid to small The SPEAKER pro tempore (Mr. Builders Association told me if there farmers and then give it to big foreign SIMPSON). Under the Speaker’s an- was strict enforcement of the wetlands or multinational companies or even to nounced policy of January 3, 2001, and rules and regulations, over 60 percent big companies to develop resort areas under a previous order of the House, of the developable land would be off for the wealthy? I do not think so. the following Members will be recog- limits for homes. One of the most important things we nized for 5 minutes each. Now some who already have nice need to do to insure future prosperity homes might think this would be good, is to stop government at all levels from f to stop most development. But you taking over more private property. The SPEAKER pro tempore. Under a cannot stop it, because the population Anyone who does not understand this previous order of the House, the gen- keeps growing, and people have to have should read a book called The Noblest tleman from North Carolina (Mr. someplace to live. Triumph, Property and Prosperity JONES) is recognized for 5 minutes. So what happens? When government Through the Ages by Tom Bethell. The (Mr. JONES of North Carolina ad- keeps buying and restricting more and whole book is important, but a couple dressed the House. His remarks will ap- more land, it does two things: It drives of brief excerpts: The Nobel Prize win- pear hereafter in the Extensions of Re- up the costs and causes more and more ning economist Milton Friedman has marks.) people to be jammed closer and closer said, ‘‘You cannot have a free society f together. without private property? Recent im- The SPEAKER pro tempore. Under a First, it drives up land and building migrants have been delighted to find previous order of the House, the gen- costs so that many young or lower in- you can buy property in the United tleman from Colorado (Mr. HEFLEY) is come families are priced out of the States without paying bribes. recognized for 5 minutes. housing market, especially for new The call for secure property rights in (Mr. HEFLEY addressed the House. homes. Third World countries today is not an His remarks will appear hereafter in Second, it forces developers to build attempt to help the rich. It is not the the Extensions of Remarks.) on smaller and smaller postage-stamp- property of those who have access to f size lots or build townhouses or apart- Swiss bank accounts that needs to be ments. protected. It is the small and insecure THE GOVERNMENT’S APPETITE Do you ever wonder why subdivisions possessions of the poor. FOR LAND built in the 1950s or 1960s often have big This key point was well understood The SPEAKER pro tempore. Under a yards and now new subdivisions do not, by Pope Leo XIII who wrote that the previous order of the House, the gen- or why new homes that should cost $50 fundamental principle of socialism, tleman from Tennessee (Mr. DUNCAN) is a square foot now cost $100 a square which would make all possessions pub- recognized for 5 minutes. foot or more? It is in large part because lic property, is to be utterly rejected Mr. DUNCAN. Mr. Speaker, a few government keeps buying or restrict- because it injures the very ones whom days ago, I did a Special Order about a ing so much land. it seeks to help.’’ tax cut and how one can never satisfy This trend is causing more and more Over the years, when government has taken government’s appetite or demand for people to be jammed into smaller and private property, it has most often taken it money. I said then that if we gave smaller areas, increasing traffic, pollu- from lower and middle income people and every department and agency double tion, crime, and just an overall feeling small farmers. Today, federal, state and local what they got the year before, they of being overcrowded. governments, and quasi-governmental agen- might be happy for a short time, but It is sometimes referred to as the cies now own about half the land in this Na- they would soon be back crying about urban sprawl, and environmental ex- tion. The most disturbing thing is the rapid rate a shortfall in funding. Everyone sup- tremists are attacking it because they at which this taking has increased in the last ports education, for example, and I cer- know it is unpopular, but they are the 40 years. Environmentalists who have sup- tainly do. very people who have caused it. ported most of this should realize that the

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K21MR7.043 pfrm01 PsN: H21PT1 H1038 CONGRESSIONAL RECORD — HOUSE March 21, 2001 worst polluters in the world have been the so- polls. Finally, the VOTE Act would percent of American people favor cialist nations, because their economies do provide grants to States so that they stricter handgun laws, Congress con- not generate enough income to do good may improve their voting systems and tinues to ignore the public’s concerns. things for the environment, and that private educate poll workers and voters about January 10, in Ventura County, Cali- property is almost always better cared for than the availability and benefits of these fornia, a 17-year-old student held a public property and at a much lower cost. new technologies. classmate at gunpoint during the f Mr. Speaker, I know first-hand how school’s lunch break. The gunman was modern voting systems can increase fatally wounded by police. ELECTION REFORM voter turnout and improve accuracy. January 12, 2001, in my district, Indi- The SPEAKER pro tempore (Mr. As a secretary of state for the State of anapolis, Indiana, a 4-year-old boy shot SIMPSON). Under a previous order of the Rhode Island, I was the chief architect himself with a pistol he found in his House, the gentleman from Rhode Is- of a plan to upgrade the State’s voting mother’s pocketbook. February 7, 2001 in Dallas, Texas, a land (Mr. LANGEVIN) is recognized for 5 system and equipment. The replace- 14-year-old boy fired a gun in the direc- minutes. ment of outdated lever machines with tion of classmates while on school Mr. LANGEVIN. Mr. Speaker, last optical scan equipment and Braille and week, I announced the introduction of grounds. tactile ballots helped increase voter March 6, in Santee, California, a 15- a resolution calling on Congress to turnout and significantly reduced enact meaningful election reform legis- year-old boy took a .22-caliber long- chances of error. barrel revolver from his father’s locked lation. To highlight this equipment, as well Today, I am proud to introduce an- collection of weapons and killed two as other voting technologies now avail- schoolmates, while injuring 13 others. other measure on election reform and able, I am joining former secretaries of March 7, this year, Williamsburg, to announce an important voting tech- state now in Congress, the gentleman Pennsylvania, a 14-year-old girl shot a nology demonstration I am sponsoring from Missouri (Mr. BLUNT) and the gen- female classmate in the shoulder in the tomorrow with my former secretary of tleman from Ohio (Mr. BROWN), in cafeteria of a parochial school. state colleagues who are presently now hosting the voting technology dem- March 7, Prince County Georges, in the House and the Senate. onstration on Thursday, March 22. Maryland, a 14-year-old boy shot and I am pleased to introduce legislation There we will address our own work at wounded another teenager outside today to improve the voting process for the State level to improve voting ac- Largo Senior High School. millions of elderly Americans and per- countability and accuracy and dem- From 1987 to 1996, nearly 2,200 Amer- sons with disabilities. onstrate the various forms of election ican children, 14 years of age and In every election year, many of these equipment, including punchcard ballot, younger, died from unintentional people stay at home, stay away from optical scan and direct recording elec- shootings. What are we waiting for? We the polls, not from apathy but from tronic systems. must not allow these tragedies to be- concern about their ability to cast a Mr. Speaker, I encourage all of my come an everyday part of American vote independently. The elderly and colleagues to attend this educational life. We must not be apathetic. visually impaired may not be able to event, as it will help prepare us for a While firearm fatalities cost America decipher small print or confusing bal- nationwide discussion on election re- more money than any of the other four lots, and people in wheelchairs may form. Additionally, I ask that my col- leading causes of death, guns are the have difficulty maneuvering in older leagues join me in supporting this only consumer product in America, ex- voting booths. VOTE Act to make voting one of the cept tobacco, which are exempt from Unfortunately, this problem is perva- greatest expressions of civic participa- health care and safety regulations. Sadly, guns continue to be exempt sive throughout the United States. tion available on an equal basis to all from Federal oversight, and consumer With nearly one in five Americans hav- Americans. ing some level of disability and ap- protection laws continue to be tougher proximately 35 million Americans over f on toy guns than on real guns. the age of 65, we must act now to en- The SPEAKER pro tempore. Under a The history of consumer product reg- sure that our voting system is acces- previous order of the House, the gentle- ulation teaches us that significant sible to all Americans. woman from the District of Columbia numbers of death and illnesses can be To ensure that Americans are not (Ms. NORTON) is recognized for 5 min- preserved when health and safety regu- discouraged from voting because of utes. lations exist. The Poison Prevention outdated voting equipment and inac- (Ms. NORTON addressed the House. Packaging Act requires child-resistant cessible voting places, I am intro- Her remarks will appear hereafter in packaging. The Consumer Federation ducing the Voting Opportunity through the Extensions of Remarks.) of America estimates that more than Technology and Education, or VOTE, f 700 children have avoided accidental Act. This measure would require the The SPEAKER pro tempore. Under a poisonings. Also, the introduction of sleep wear and toy standards have Federal Election Commission to estab- previous order of the House, the gen- saved children’s lives. tleman from Pennsylvania (Mr. PETER- lish voluntary accessibility and ease- I ask my colleagues to join me in the of-use standards for polling places in SON) is recognized for 5 minutes. bill that I introduced last week, the voting equipment. (Mr. PETERSON of Pennsylvania ad- Child Handgun Injury Prevention Act, In 1984, Congress passed the Voting dressed the House. His remarks will ap- H.R. 1014. It requires manufacturers’ Accessibility for the Elderly and pear hereafter in the Extensions of Re- safety devices. Handicapped Act. This legislation re- marks.) We introduced it in another bill that quired that all polling places in the f requires training to entitle you to have United States be made accessible to REINTRODUCTION OF CHILD HAND- licenses. H.R. 1014 requires the Sec- the elderly and the disabled, but pro- retary of Treasury to mandate all vided the FEC with little enforcement GUN INJURY PREVENTION ACT, H.R. 1014 newly manufactured handguns come power. With the establishment of the equipped with child safety devices, and new accessibility and ease-of-use The SPEAKER pro tempore. Under a it would establish a Federal standard standards in my VOTE Act, the FEC previous order of the House, the gentle- for the devices. would be able to provide secretaries of woman from Indiana (Ms. CARSON) is We can do nothing less than to en- state and election administrators with recognized for 5 minutes. sure the future safety of our children more information and support services Ms. CARSON of Indiana. Mr. Speak- and prevent them from unintentional to help them comply with accessible er, we continue to observe school handgun injury. We need to require laws. shootings, and I am concerned that we safety devices that meet the rigid tests Additionally, the voting technology have yet to pass strong gun safety leg- by the Department of Treasury. industry could use these standards to islation. I encourage each Member of the ensure that their products may be cor- Despite recent polls by CBS and the House of Representatives to join me in rectly used by all Americans at the New York Times which suggest that 70 this effort.

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.025 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1039 b 1230 Mr. Speaker, I know my colleagues duction as well. Last summer’s high TRIBUTE TO BRET TARVER join me in expressing sympathies and gasoline prices are only a taste of what encouraging prayer for Bret’s widow, is to come. Already we have heard that The SPEAKER pro tempore (Mr. Robin, for his three daughters, for the OPEC plans to cut production in an at- SIMPSON). Under a previous order of the strapping brothers that made up an ac- tempt to maintain a stable world oil House, the gentleman from Arizona tive household years ago who mourn price. Demand in this country easily (Mr. HAYWORTH) is recognized for 5 his loss, for his parents, for his fellow outstrips the supply, and we have no minutes. fire fighters, and for the people of cushion to fall back on during times of Mr. HAYWORTH. Mr. Speaker, Phoe- Phoenix and the surrounding area. a tight supply. nix, Arizona, has now grown to be the Mr. Speaker, we pause to remember It is for these reasons that we must sixth largest city in our country. Yet Bret Tarver, his sacrifice, his legacy, take steps to stay ahead of our oil over the course of the last 7 days, the and the shining example of true public curve and tap more domestic sources of entire city and surrounding areas have service that he represented so well and production. Specifically, I have agreed seen the frenetic pace of life come vir- so faithfully. to cosponsor H.R. 39, the Arctic Coast- tually to a standstill as the community al Plain Domestic Energy Security Act has paused to honor one of our fallen f of 2001. The coastal plain of the Arctic fire fighters. TIME TO MOVE TOWARDS ENERGY Natural Wildlife Refuge, known as A week ago today, in responding to a INDEPENDENCE IN OUR COUNTRY blaze at a supermarket, Phoenix fire ANWR, is said to contain between 5.7 The SPEAKER pro tempore. Under a fighter Bret Tarver gave his life. For and 16 billion barrels of recoverable oil. previous order of the House, the gen- his wife, Robin, for their three young If the upper 16 billion barrels of recov- tleman from Texas (Mr. GREEN) is rec- daughters, for the Phoenix Fire De- erable reserve can be extracted, it rep- ognized for 5 minutes. partment, for brother and sister fire resents 20 years of oil which we will Mr. GREEN of Texas. Mr. Speaker, I fighters across the country and for all not have to import from other parts of would like to join the gentleman from Arizonans, this is an exceptional loss. the world. I want to emphasize that Bret Tarver was born 40 years ago in Arizona (Mr. HAYWORTH) because, last these reserve numbers are also consid- what is now the 6th Congressional Dis- year, the city of Houston lost two fire- ered very conservative. trict of Arizona in Cave Creek. He and fighters. It is appropriate that we re- As a Member of Congress from Hous- his wife, Robin, and their daughters re- member the Tarver family and their ton, Texas, I know firsthand that the cently made their home in another sacrifice, because having experienced drilling technologies have continued to area of the district, Queen Creek, Ari- two fire fighters’ loss of life last year improve. In fact, we have been and con- zona. That is because Bret was a life- and again having fire fighters up here tinue drilling and production in the long outdoors enthusiast. He loved this week with us, we join in that. Gulf of Mexico. Technology has al- hunting and fishing. He loved nature. I rise today, though, to talk about lowed us to go deeper and also do it But most of all, he loved his family, the energy crisis affecting our country more efficiently and safely. and he loved being a public servant. and steps that need to be taken to in- As equipment and techniques ad- Mr. Speaker, all too often, during the crease our exploration, production, and vance, the percentage of recoverable course of political discourse, we de- delivery of energy. I want to try and oil will also increase. Industry now has scribe elective office as public service. cool some of the rhetoric that I believe the technology to reduce the amount of Mr. Speaker, how incomplete a defini- is slowing down the process of trying land impacted by new oil development. tion that is. Public service can take to find a comprehensive energy solu- North Slope drillers routinely drill many forms. The citizen can volunteer. tion. directional wells that reach out 4 miles He can be involved in civic clubs or First, at this moment, insufficient from the surface of the rig. That means spiritual organizations. Yet the ulti- supplies of natural gas are threatening that one production pad on the surface mate public service all too often comes to produce widespread shortages, not can produce from 64 square miles of from our public safety officers who only in California and the West, but subsurface oil fields. So you do not here at home are called upon to put throughout our country this summer. have the imprint of that facility. their lives on the line. This shortage can be traced to the The decision to support drilling in So it was one week ago on a Wednes- oversupply of natural gas 2 years ago. ANWR was not made just on the need day with the sun shining and the flow- Everyone likes to point the finger at to utilize energy resources alone. I ers blooming and spring training and energy producers when prices are high; have been to ANWR. I have seen the all the frenetic activity so common to but no one seems to care when, a year environment and have witnessed first- the desert southwest that an event or two ago, we could not even give nat- hand the diversity of life that lives sadly too common, a fire in uncommon ural gas away. Those extremely low there, even during August, Mr. Speak- and tragic fashion, ended the life of an prices 2 years ago stopped exploration er, and met with the Alaskans that live uncommon man. activities and forced many natural gas the closest to the ANWR refuge. Colleagues describe Bret Tarver as a producers to cap marginally-producing I would not support this legislation if gentle giant, a man who stood over 6 wells. I did not feel that we could confidently feet 3 inches, who tipped the scales at The laws of supply and demand work, with our ability safely extract oil in an well over 200 pounds, who had tremen- and it did not stay out of balance for environmentally sound manner. dously big hands, but often would enve- too long. We thought that cheap nat- Careful development of ANWR under lope the tiny hands of his daughters ural gas would last forever in the build- strict regulatory guidelines can pro- and other kids on their soccer team in ing spree; and with our encouragement, vide our Nation with a vital resource his own, one who inspired trust, one because it is safer and cleaner, new while minimizing the environmental who worked tirelessly in his chosen natural gas generators highlighted this impact on the coastal plain and its profession as a fire fighter. belief that natural gas would be cheap. wildlife. Mr. Speaker, when so many of that So today around our country, the de- Our experiences on Alaska’s North calling have come to Washington this mand for natural gas has far out- Slope provide strong evidence that oil week, perhaps the greatest tribute we stripped the supply, and we need to re- and gas development in nearby ANWR can pay to the memory of Bret Tarver spond to this shortfall. would pose little threat to the ecology is to pause and appreciate the service Staying in front of our energy needs of the coastal plain. The record is and the sacrifice of every one of those is the key to avoiding high cost. Explo- clear. Air quality is good. The drilling fire fighters who put their lives on the ration and production of domestic en- wastes have been well managed, and line who in so many ways, in so many ergy sources are the keys to staying in wildlife and their habitat have been manifestations, work for the public front along with more efficient use of minimally impacted. good and the public safety, and who our domestic energy. The debate on this issue has been sadly, in the case of Bret Tarver, pay While we are behind on natural gas heated and will get even more heated. the ultimate sacrifice as a part of pub- production, I need to remind everyone But many of the arguments being made lic service. we will soon also be behind on oil pro- in opposition to opening ANWR were

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.052 pfrm01 PsN: H21PT1 H1040 CONGRESSIONAL RECORD — HOUSE March 21, 2001 raised at the time Prudhoe Bay and the of the baby boom generation begin to or continue their nursing education in North Slope development was being retire and need an even greater amount SBCC’s 2-year nursing education RN considered. Today we are much better of health care. program. For its first class in this high than we were those many years ago. In my home State of California, the school, there are already 128 applicants Most experts have acknowledged that problem is even worse. Less than 10 for those 60 spaces. Prudhoe Bay has been, and continues percent of the RN work force back This program can serve to recruit to be, a success story. home is under the age of 30, and nearly young men and women into the nursing I keep going back to the same point, a third are over the age of 50. Cali- profession as well as change we can extract this vital resource while fornia already ranks 50th among the misperceptions among other students at the same time safeguarding the en- States in RNs per capita. and teachers about the value of a nurs- vironment and other resources in that Part of the problem is that the nurs- ing career. With support, this program region. After careful consideration, the ing work force is so homogeneous. The could be replicated in other high-need answer should be yes. Extracting oil vast majority of nurses are white areas, or other types of public-private from ANWR will have positive benefits women. Fifty years ago, a smart young partnerships could be developed. for American consumers. woman had only a handful of career op- The challenges we face in the nursing I do not dismiss the concerns in the tions available to her, including nurs- and public health communities are be- environmental community, but many ing. But as our society’s views on wom- coming more and more evident and the of the arguments again were made at en’s equality have progressed, we have need for national action on them is the same time when we were doing it not escaped the perception that nurs- equally evident. for North Slope. The environment has ing is women’s work. Mr. Speaker, I hope my colleagues been safeguarded on North Slope. I be- As young women have explored dif- will join me in this effort so we can lieve with advances in drilling tech- ferent careers, very few young men achieve a bipartisan solution to these nology, we will be safer with ANWR. have entered the nursing work force to problems. Mr. Speaker, I hope my colleagues replace them. So right now less than 6 f will join me in cosponsoring H.R. 39. It percent of the nursing work force is is time to move towards energy inde- FOOD SAFETY IN THE UNITED comprised of men. pendence in our country. STATES AS IT RELATES TO THE Likewise, even though the percent- MEAT INDUSTRY f age of minorities in our national work The SPEAKER pro tempore (Mr. force has arisen close to 25 percent, mi- NURSING SHORTAGE SIMPSON). Under the Speaker’s an- The SPEAKER pro tempore. Under a norities still only represent 10 percent nounced policy of January 3, 2001, the previous order of the House, the gentle- of RNs. gentleman from Iowa (Mr. GANSKE) is woman from California (Mrs. CAPPS) is In order to deal with this looming recognized for 60 minutes as the des- recognized for 5 minutes. shortage, we are going to need to ad- ignee of the majority leader. Mrs. CAPPS. Mr. Speaker, I rise to dress a number of issues and to be very Mr. GANSKE. Mr. Speaker, just as a bring to the attention of the House the creative in our solutions. We need to courtesy to whoever may follow, I will impending shortage of nurses. I am one draw more people into the profession, probably take about 20 minutes on this of three nurses currently serving in particularly the young men and women special order. Congress. Before I was elected, I served at the high school level who are just Mr. Speaker, you cannot help but no- the people of Santa Barbara as a public choosing their career paths. We need to tice a myriad of headlines touting health nurse over 20 years. reach out to minorities and disadvan- gloom and doom on the horizon for our My experience gives me a distinct taged youth. We need to retain those Nation’s future. Whether it is foot-and- perspective on nursing issues. I know nurses who are already in the work mouth disease threatening the world’s firsthand the challenges facing the force. We need to make sure we have livestock, the downturn in the world’s nursing profession and the con- enough nursing school faculty, mentors economy, or the energy crisis that is sequences if we fail to meet them. and preceptors to properly education jacking up home heating costs to real- Nurses are the first line of defense in and train our work force. ly high levels, many of my constitu- our health care system, and the impor- b 1245 ents wonder where to turn for answers. tance of this role cannot be overstated. Well today, Mr. Speaker, I would pro- Today the nursing community is fac- I have been working with various pose that America take a second look ing a dire situation. There is currently working groups, with Senator JOHN at its backbone, agriculture, as agri- an ongoing shortage of nurses in the KERRY, and other Members of Congress culture relates to some of these issues. work force. In the past, this type of to develop a set of measures that can So the first topic I would like to dis- shortage has been resolved when pay help deal with both the immediate and cuss is food safety. The United States and benefits have risen enough to at- the long-term problems that we face. has one of the safest food supplies in tract new nurses into the field. But Soon I will be introducing comprehen- the world. Prior to coming to Congress that is not the case this time. While sive legislation to address these short- I was a physician and I am a father and some compensation levels have been ages. I have a very keen interest in the issue rising, these improvements have not This legislation will include pro- of food safety. A few years ago, I was attracted enough nurses back into posals to improve access to nursing on an overseas surgical mission; and practice. education, to create partnerships be- instead of just bringing back good We are also facing a looming crisis in tween health care providers and edu- memories, I brought back a case of en- a profession that will strain the health cational institutions, to support nurses cephalitis which I may have picked up care system and threaten the quality as they seek more training, and to im- from food overseas. of care. We have an aging nursing work prove the collection and analysis of When I came to Congress, I cospon- force and a dwindling supply of new data about the nursing workforce. sored and helped pass the Food Quality nurses. Right now, the average age of But we will also need to look at cre- Protection Act. It established new safe- employed registered nurses is 43 years. ative new ideas to truly address this ty standards for the use of pesticides By 2010, 40 percent of the RN work problem. In my home town, Santa Bar- and required the EPA to use sound force will be over 50. bara, Cottage Hospital and Santa Bar- science in making its decisions. We all Unfortunately, and in contrast, the bara City College have joined with San have a great stake in helping to ensure number of young nurses is decreasing. Marcos High School to create a health that our food supply is safe. Under 30 years of age, it has now de- academy. This is a perfect example of There have been concerns about the clined by 41 percent. With this com- the kind of creative solution we need. safety of food with the spread of two bination, we are facing an incredible In their sophomore year, 60 students diseases in Europe related to the live- shortfall of well-trained, experienced will start taking health-care courses stock and meat industry: Foot-and- nurses in all fields. taught by professionals from the hos- mouth disease and mad cow disease. To make matters worse, this will pital and college. When they graduate, Both of these diseases, believe me, are happen just as the 78 million members they can be certified nursing assistants being taken very seriously by the

VerDate 21-MAR-2001 01:52 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.053 pfrm02 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1041 United States Department of Agri- Number four, the USDA has placed goats and most ruminant products culture, the USDA, and the livestock additional inspectors and dog teams at from countries where mad cow disease industry. A little bit of background is airports and other ports of entry to has been identified. In 1990, they began in order. check incoming passengers, luggage educational outreach efforts to veteri- Foot-and-mouth disease does not and cargo. They have stationed USDA narians, cattle producers and labora- pose a threat to humans, but it is dev- officials worldwide to monitor reports tory diagnosticians about the clinical astating to livestock herds. The disease of the disease. signs and diagnosis of the disease. They attacks cattle, swine, sheep, deer, Number five, the USDA has con- also began an active surveillance effort goats and other cloven-hoofed animals. ducted a widespread public education to examine the brains of U.S. cattle for The disease is caused by a virus that is campaign to make the public more possible signs of disease. very contagious and can be spread by aware of this disease and the steps that In 1993, they expanded their surveil- physical contact between infected ani- we can all take to help keep our coun- lance to include what are called ‘‘down- mals and people, animals and other try free of this animal disease. er’’ cows. These are cows that fall down material. The virus can persist in con- Mr. Speaker, this is a serious matter from a disease, frequently on the taminated fodder in the environment and I hope that my remarks today are slaughterhouse floor, not just cows for up to 1 month depending on the helpful in that public education effort. that were acting unusual. temperature and various other condi- Now, in addition to foot-and-mouth In 1997, the USDA moved to prohibit tions. disease, there have also been concerns the importation of live ruminants, i.e. The disease causes blisters in the about the cattle disease bovine cattle, and most ruminant products mouth and on the feet of the animals. spongiform encephalopathy, or what is from all of Europe. The Environmental It causes them to drool. It causes them called mad cow disease. It has been fea- Protection Agency also passed regula- to be lame. Let me repeat, the disease tured in many news stories. It is usu- tions to prevent the feeding of most does not affect humans. This disease ally portrayed in very ominous and mammalian proteins to ruminants. causes debilitation if the animal lives, foreboding manner. In 1998, the USDA entered into an and it frequently results in death to Mr. Speaker, I want to make it very agreement with Harvard University to the animal. The disease is not new, and clear, there has never been a case of analyze and evaluate the department’s it has been fairly widespread around mad cow disease in the United States. prevention measures. In 1999 and again in 2000, the USDA the world. It was not, however, promi- Not only has no human being ever been expanded their surveillance procedures. nent in areas with extensive agricul- affected by it in the United States, but In December of last year, the USDA tural trade with the United States no cow has ever been infected by it in prohibited all imports of rendered ani- until the recent outbreak in Great the United States, and that is not a co- mal products regardless of species from Britain and Northern Europe. incidence. The USDA and the cattle in- Let me make a point. There are cur- dustry have taken extensive measures Europe. The restriction applied to products originating, rendered, proc- rently no cases of foot-and-mouth dis- to keep our beef supply safe. Mad cow essed or otherwise associated with Eu- ease in the United States. But histori- disease was first discovered in England in 1985. Scientists believe that the dis- ropean products. cally there have been nine outbreaks of Last month, the USDA suspended im- ease began when remains of sheep that foot-and-mouth disease in our country. portation of processed beef and associ- had suffered from a neurologic disease The last outbreak in the United States ated products from Brazil, not because called scrapie were used as cattle feed. occurred in 1929. According to the Ani- there was evidence of disease in Brazil, Cows developed a neurologic disease mal, Plant and Health Inspection Serv- but because they could not document called bovine spongiform ice, livestock animals in the United that they were taking all steps to pre- encephalopathy after eating the con- States are highly susceptible to the vent the disease in Brazil. foot-and-mouth disease virus. If an out- taminated feed. It is not otherwise con- The USDA has trained more than 250 break were to occur in our country, it tagious between animals. Scrapie is State and Federal field veterinarians would be essential to detect and eradi- found in some sheep in the United throughout the United States to recog- cate it immediately. If it were to States, but it has never caused any nize and diagnose animal diseases, in- spread across the country, our live- health problems in humans. cluding mad cow disease. stock industry could suffer enormous Mad cow disease in cattle causes a In all of that time with the thou- economic losses. The disease could certain type of protein called prions, a sands of cattle that have been tested, spread to deer and other wildlife mak- normal part of human and animal there has never been a single cow found ing it even more difficult to eradicate, brain, to become deformed. This leads to have the disease in the United so it is crucial that we keep the virus to a degeneration of brain tissue and to States. from entering the United States. eventual death. In Europe when they There has also been pathology work We have always prohibited infected have seen these cases, it has occurred done on a systematic basis in the animals and infected animal by-prod- primarily in younger people. Although United States to investigate human ucts from entering the country, but in deformed prions are located in brain deaths caused by neurological diseases. response to the recent serious outbreak tissue, eye tissue and spinal cords of The Center for Disease Control and in Europe, the USDA has taken the fol- infected cattle, if humans eat beef Prevention does this for a variety of lowing actions: Number one, USDA has products containing those tissues, it is public health reasons in the study of temporarily prohibited the importa- possible for them to contract a form of neurologic diseases. There have been tion of swine and other ruminants, and the disease. no cases in the United States where the any fresh swine or ruminant meat and About 90 people in Europe have died patient has died from a variant associ- other products of swine and ruminants from the human form of the disease ated with mad cow disease. George from the European Union. which is called Creutzfeldt-Jacob vari- Gray, a researcher at Harvard School Number two, USDA is preventing ant disease. All of those fatalities oc- of Public Health stated, ‘‘The chance of travelers entering the United States curred in Europe, mostly in Great Brit- this becoming a serious health risk in from carrying any agricultural prod- ain. I wanted to again point out, there the United States is very low.’’ ucts, particularly animal products, have never been any cases in the that could spread the disease. The United States of either humans or ani- b 1300 USDA has mandated that travelers re- mals catching this disease. Why is He also said, ‘‘We won’t have a port any farm contact to Customs and that? Well, it is because we have been United States’ style epidemic here. It USDA officials. All baggage is subject watching for it. The USDA has been just won’t happen.’’ An official of the to inspection with penalties for viola- doing its job. World Health Organization agreed. He tions of up to $1,000. The USDA began taking steps in 1988 said that American officials are ‘‘tak- Number three, the USDA has estab- to prevent the disease from reaching ing the right measures to prevent the lished a team of 40 academic and gov- the United States beef industry. In occurrence of the disease in their coun- ernment experts to evaluate, monitor 1989, they banned the importation of try.’’ He added that ‘‘the risk in the and assist in containment efforts. live ruminants such as cattle, sheep, United States is low.’’

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.055 pfrm01 PsN: H21PT1 H1042 CONGRESSIONAL RECORD — HOUSE March 21, 2001 This is not to say that we should stop for agricultural products, either. If and ban the chemical. The same action taking steps to further decrease the trade agreements are not reached, has been taken by major cities like disease from reaching our country. I other sectors of the economy are going Chicago. That chemical has got to go. plan to ask for increased funding for to be impacted. It is even getting into Iowa’s water the Centers for Disease Control for sur- Iowa firms are very active, for in- supply as it comes out the exhaust tail veillance of prion diseases to bring us stance, in the area of international fi- pipes of cars as they drive across Iowa. up to the level being spent for research nancial services. Failure to bring trade The choice then becomes whether we in other countries. I have also met agreements to conclusion can impact make a sensible transition to a cleaner with officials from the USDA and rep- their ability to market their products oxygenate, like ethanol, or just elimi- resentatives of the cattle industry re- around the world. Right now, the two nate the clean air standards alto- garding this problem. I am also willing most contentious issues in our inter- gether. The reasonable answer is to to support additional measures if the national trade agreements are agri- turn to ethanol. Animal and Plant Health Inspection culture and financial services. And so Opponents argue that the ethanol in- Service feels that that would be helpful we have a balance going on. dustry cannot meet the demand. That in adding another layer of protection It is amazing, Mr. Speaker, how an is simply not accurate. The ethanol in- for our beef supply and for the public’s issue like hoof and mouth disease can dustry’s annual capacity now exceeds 2 health. This is a very serious issue, and impact another area before us, such as billion gallons. it should be dealt with responsibly and international trade on financial serv- My colleague from New Jersey has rationally and calmly. ices. History proves that the free flow arrived on the floor. They are even Working to maintain and protect our of goods around the world is beneficial building ethanol plants in New Jersey food supplies goes hand in hand with to our economy. Now is not the time these days. You do not need to use building the United States’ reputation for protectionism. We must have ade- corn. You can use vegetable refuse. as a reliable supplier of food products quate safeguards at our borders, but we You can use any type of plant mate- to the rest of the world. This, Mr. must also ensure that we are able to rial. You can ferment it. You can cre- Speaker, will help strengthen our Na- export our agricultural commodities. ate the ethanol. It helps that gasoline And it is not just for our own finan- tion’s agricultural economy and our burn cleaner. It reduces carbon mon- cial benefit. The Midwest, where I Nation’s agricultural exports because oxide. We have had a great improve- come from, is the world’s breadbasket. we have a safe product and other coun- ment in our Nation’s air supply, and We supply meat and grains to the tries are going to want that safe prod- the EPA will tell you that a large part world. When we are looking at bur- uct. of it has been due to those clean air geoning populations around the world, In light of the hoof and mouth dis- standards. ease in other parts of the world, it is it is very important to prevent famine We can supply the ethanol. The eth- that we be able to export our goods. All even more important, in my opinion, to anol industry’s annual capacity now one has to do is look back in history. grant President Bush what is called exceeds 2 billion gallons. It has added High tariffs and retaliatory trade prac- ‘‘fast track’’ trade authority. Every 226 million gallons of capacity in the tices turned an economic downturn in President should be granted the oppor- last year. It will add another 320 mil- the 1930s into the Great Depression, tunity to negotiate a treaty in good lion gallons of capacity this year. Over pushing unemployment to over 30 per- faith with a foreign government. Con- the next 2 years, construction is sched- cent. We must make sure that our ani- gress should have renewed that author- uled to begin on an additional 1.13 bil- mals stay healthy and that we con- ity when it expired in 1994. In trade lion gallons of additional capacity. tinue to promote international trade. meetings, it is very important for all Ethanol has twice the oxygen con- It is important for the economy. tent of MTBE, and so it will only take the negotiators to know that Congress Mr. Speaker, on a final note, the will choose either to accept or reject Bush administration has faced many half the volume of ethanol to replace the treaty without removing or insert- important decisions in its first few it. The Renewable Fuels Association ing provisions. months in office. I think one remaining believes that about 580 million gallons Mr. Speaker, this is very important decision will have long-lasting implica- of ethanol will be needed to fill the for international trade as it relates to tions. It involves the oxygenate re- need in California and that we can these animal diseases which I have quirements of the Clean Air Act. The meet California’s target. Ethanol also talked about. Other nations are going EPA is being asked to waive the re- provides a great benefit to the rural to be very leery of entering into agree- quirement for the State of California. I economy. ments of international agricultural think this would be very damaging if We are talking about an energy pol- trade. We must be able to craft a trea- pursued by the administration. I be- icy. We are talking about how depend- ty exactly and to have that treaty lieve the President understands the im- ent we are on foreign oil. This is a re- voted on without change or I am afraid portance of maintaining the current re- newable fuel. The United States De- those foreign governments will not quirement and that he will choose not partment of Agriculture reported last want to enter into international trea- to grant a waiver. year that replacing MTBE with ethanol ties. Foreign countries are wisely hesi- I was able to talk to President Bush would increase farm income more than tant to agree to contentious issues dur- directly on Air Force One when he flew $1 billion annually. It would reduce our ing negotiations if they know that back to Iowa recently. I talked to the balance of trade deficit by $12 billion later on when they have put their neck President about the matter of pro- over the next 10 years. It would create on the line with their own citizens that moting ethanol and banning a chemical 13,000 new jobs in rural America. It the treaty could be undercut by called MTBE. This is the oxygenate would reduce farm program costs and changes or congressional amendments. that is used in gasoline around most of loan deficiency payments by creating Mr. Speaker, my home State of Iowa the country. It is an oil-based oxygen- an important new value-added market is always one of the leading States in ate, an oil-based chemical. I think we to our grain. Moreover, the USDA con- the production of agricultural prod- have to phase that out. cluded that ethanol can replace MTBE ucts. In a recent year it exported more The EPA has determined that this used in reformulated fuels nationwide than $3.5 billion in farm commodities chemical, MTBE, is a ground water without price increases or supply dis- alone. It is probable that we will export contaminant and it is a possible car- ruptions within the next 3 years. even more meat if our meat remains cinogen. If you take one teaspoon of And so I have a bill before Congress. safe. But this may be short-lived once that chemical and you put it into an It has a whole bunch of bipartisan sup- other countries reestablish their live- Olympic-size swimming pool, it renders porters for this bill, from all parts of stock and then say from their experi- all the water in that swimming pool the country. I would encourage my col- ence with hoof and mouth disease, undrinkable. The stench is incredible, leagues to sign on to this environ- ‘‘We’re going to cut off those borders.’’ much less what it could be doing to mentally sound bill. The ramifications of a trade slow- your body once it gets inside. Ethanol production is the third larg- down based on caution due to animal New York, California and other est use of corn in the United States, health concerns is not just a problem States have taken action to phase out utilizing about 7 percent of the corn

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.058 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1043 crop. Current levels of ethanol produc- This is especially frustrating because work. For example, in my district two tion add 30 cents to the value of a bush- in this Congress we have an impressive of my counties are working to make el of corn and adds about $4.5 billion to group of bipartisan support for renew- sure we have more energy-efficient pro- the U.S. farm economy annually. That ables. As the lead Democrat on the grams, programs that must be modeled will help us, Mr. Speaker, when we are Subcommittee on Energy of the Com- for the rest of the country. looking at this budget. By creating an mittee on Science, I am personally f additional demand for corn, we can working with the gentleman from ADDRESSING IMPORTANT help ensure that the market price will Maryland (Mr. BARTLETT), the chair- ENVIRONMENTAL ISSUES provide a sufficient return on the cost man, to promote environmentally of production to allow the farmer to sound priorities. The SPEAKER pro tempore (Mr. break even, hopefully even turn a prof- Mr. Speaker, if the 35 percent cut in SHIMKUS). Under the Speaker’s an- it. That will lessen the need for Federal the blueprint were to go through, it nounced policy of January 3, 2001, the support subsidies that are currently would seriously hamper efforts to de- gentleman from New Jersey (Mr. needed to keep farmers on the farm. velop improved and lower cost solar en- PALLONE) is recognized for 60 minutes That is beneficial for the producer, it is ergy; it would hamper wind power in- as the designee of the minority leader. beneficial for the rural economy, and it vestment, bioenergy and geothermal Mr. PALLONE. Mr. Speaker, I woke is beneficial to the environment. energy technologies. up this morning and I read on the front page of USA Today that President I have pursued this cause of ethanol b 1315 along with the gentleman from Illinois Bush is doing a terrible job on highly significant environmental issues. I sup- (Mr. SHIMKUS). We introduced the This is where our Federal priorities Clean Air and Water Preservation Act must be, not in increasing our depend- pose that is no surprise to my col- of 2001. We have been joined by more ence on fossil fuels, as the administra- leagues here in the well or here in the than 30 Members of Congress who have tion appears to want in its policies. House Chambers. Yesterday the Bush Administration cosponsored this legislation. Our legis- It is said that actions speak louder abandoned more stringent restrictions lation would phase out MTBE over 3 than words, Mr. Speaker. That is why I am outraged. But I am not surprised. I on the amount of arsenic allowed in years. It calls on the EPA to assist in tap water. Arsenic is a known car- dealing with groundwater pollution al- am not surprised that the administra- tion’s commitment to environmentally cinogen, I think many people know. ready caused by MTBE. It keeps the The week before, President Bush broke oxygenate provisions of the Clean Air friendly sources of energy lasted only as long as the television cameras were a campaign promise to the American Act intact. And it promotes the use of people that he would work to reduce ethanol. rolling. I say to our President, now is not the carbon dioxide emissions; and carbon At a time when energy is on the Na- dioxide is, of course, a greenhouse gas tion’s agenda, let us not ignore the role time to cut funding for national energy efficiency and renewable energy pro- that causes and is a major factor in of ethanol, the clean-burning, home- global warming. grown natural fuel source, or the role grams. Now is the time to increase the investment. Proposing to cut funding I also read in the paper this morning that agriculture plays in our Nation’s that the Bush administration is plan- prosperity and security. for vital energy efficiency and renew- able energy programs would be a step ning to restrict new mining limits in f the next few days. Of course, we have in the very wrong direction, and it not heard about that yet, but it sounds PRESIDENT BUSH’S ANTI- would be a serious blow to the efforts like just another indication that this ENVIRONMENTAL BEHAVIOR that we hope to take to craft a sensible administration is essentially anti-envi- national energy policy. The SPEAKER pro tempore (Mr. ronment. SHIMKUS). Under a previous order of the In my district, as well as across Cali- Mr. Speaker, I ask, what is the Presi- House, the gentlewoman from Cali- fornia, consumers and businesses are dent going to do for the special inter- fornia (Ms. WOOLSEY) is recognized for facing electric and gas bills two or ests tomorrow? I do not think there is 5 minutes. three times higher than those of last any person, average person, or any Ms. WOOLSEY. Mr. Speaker, I rise year. California is facing an electricity group of concerned citizens, that asked this afternoon to highlight some of the reliability crisis that threatens our the President to abandon these more serious shortcomings in the Bush ad- State’s economy. What we need is re- stringent restrictions on the amount of ministration’s environmental arena as sponsible energy policy that includes arsenic in water. I doubt very much it relates to national energy plans. significant investment in clean energy that there was a group of citizens who Last month, President Bush stood be- sources to supplement electric supply, told him he should go back on his cam- fore Congress in these very Chambers and we also must recognize the need to paign promise and not regulate carbon and spoke to the American people, say- reduce demand for electricity by pro- dioxide emissions. ing he would pursue alternative energy moting and using more efficient energy This is coming from the special inter- sources and environmentally sound technologies. These are programs that ests. This is coming from the corporate policies to help solve our energy crisis. will protect our environment and leave special interests, oil interests, mining In fact, I want to quote the President a better future for our children. interests, coal interests, who contrib- because he told us, and I quote, ‘‘We Since passing the National Energy uted to the President’s campaign and can promote alternative energy sources Policy Act in 1992, Congress has gen- who now are calling the shots with this and conservation, and we must.’’ He erally ignored energy issues; but the administration at the White House on was so right. At the time, I thought the power problems in California, as well these very important environmental plan sounded too good to be true. Un- as the increased price of natural gas issues. fortunately, with the recent release of and oil throughout our entire Nation, The reason that I am so concerned the administration’s budget blueprint, have brought energy back to the top of about it, Mr. Speaker, is because we I realize that it was too good to be our Nation’s agenda. The energy short- are talking about the health and the true. age we are experiencing in California is safety of the average American, the air Sadly, the Bush administration’s proof enough that Congress must raise we breathe, the water that we drink. budget blueprint reneges on the com- the stakes in search of alternative en- These are not environmental issues mitments the President made to pur- ergy sources. Obviously, what we are that we have any doubt about what the sue renewable energy sources. Head- doing now is not good enough. impact is going to be. We know that if lines in the Washington Post and other As Congress and this administration these carbon dioxide emissions are not newspapers across the country have forges a long-term energy plan, it is regulated in some way, that a lot more stated the administration’s intent to imperative that we make a true com- people will get sick from the air. We cut energy efficiency and renewable en- mitment to alternative energy sources, know that if the arsenic levels are not ergy R&D and technology development efficiency, and conservation to prevent reduced in drinking water, that a lot programs by 35 percent. That is unac- future energy crises and to protect our more people will get cancer from ar- ceptable, Mr. Speaker. environment. Measures of this kind can senic.

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.060 pfrm01 PsN: H21PT1 H1044 CONGRESSIONAL RECORD — HOUSE March 21, 2001 So it is really almost mind-boggling Now, in making the statement that tion is proposing to suspend new envi- to think that this administration, in was made yesterday on the second ronmental regulations on hard-rock such a short time, has come down so issue, to roll back protective standards mining that were put in place over in- hard, if you would, on the side of those on the amount of acceptable arsenic in dustry objections on President Clin- who would seek to deregulate or weak- drinking water, I think the Bush ad- ton’s last day in office. en, or certainly not improve, environ- ministration crossed the line even fur- The Interior Department’s Bureau of mental regulations that need to be im- ther in terms of not caring about the Land Management is to announce sup- proved. public than they did even with the car- posedly today that it is reopening the Let me talk initially, if I could, bon dioxide emissions, because here we revised 38–09 regulations, giving the about the carbon dioxide change that are talking directly about an issue that government new authority to prohibit the President had. He did not change studies have shown will directly im- new mine sites on Federal land. Again, his position on carbon dioxide until pact the number of people that have we cannot allow the administration to four Republican Senators sent a letter cancer. move forward with this attack on our to him on March 6. Until that time, not Arsenic, I do not have to tell anyone, health and the health of the environ- only during the campaign, but even in is an awful substance that can cause ment. We are talking about water and the first few months we heard from the bladder, lung, skin and other kinds of air quality, the key components of life. EPA administrator, Christine Whit- cancer. The proposal to reduce the We do not want our constituents, man, the former Governor of New Jer- amount of arsenic from an acceptable Americans, living in fear; and I think sey, my former governor, that a con- level of 50 parts per billion, which is that we are just seeing more and more sensus had been essentially built in the the status quo, to 10 parts per billion, of these ill-advised choices by the Bush White House, in this administration, to is actually something that was en- administration. regulate CO2. But after that letter was dorsed by the European Union and is in I know that some of my colleagues sent on March 6, the President broke place for the countries that are part of today are probably going to talk about his promise, because special-interest the European Union, and also adopted the Arctic National Wildlife Refuge as lobbyists pressured him to do so. We by the World Health Organization. So well. I would yield to the gentleman know that Vice President CHENEY basi- the United States now, instead of being from Oregon, if he likes, at this point. cally pulled the rug from under the in unison with Europe and most of the Mr. BLUMENAUER. Mr. Speaker, I EPA administrator and insisted in his world, is now keeping with a standard thank the gentleman for yielding. I ap- capacity as the chairman, I guess, of that was adopted in the forties about preciate the gentleman’s courtesy and this new Energy Task Force that car- the level of arsenic that you can con- this opportunity to join in this discus- bon dioxide not be regulated. sume in your water. sion. But, again, I think this is sympto- According to the National Academy It is important to me. I commend the matic of what we are going to see with of Sciences, exposure to arsenic at the gentleman for focusing attention on this administration, broken promises current standard, 50 parts per billion the environment and how the pieces fit on protections that we need for the en- ‘‘could easily result in a combined can- together, and the relationship between vironment and for the American peo- cer risk on the order of 1 in 100.’’ This Congress, the new administration and ple. I hope it does not continue, but level of risk is much higher than the the American people. every indication is that it will. maximum cancer risk typically al- Let me briefly mention, Mr. Speaker, lowed by the Safe Drinking Water Act It is very much in keeping with why about the carbon dioxide emissions, be- standards. Most of the time when we I came to Congress, determined to cause I want everyone to understand are talking about what is acceptable, make sure that the Federal Govern- that the reduction in carbon dioxide we are talking about a case where ment was a better partner in pro- that myself and other environmental- maybe 1 in 10,000 people would be im- moting community livability, making ists support is not a crazy idea that is pacted. When you talk about 1 in 100, our families safe, healthy and economi- just supported by a bunch of eco- that is an incredible risk and could im- cally secure. An important part of that freaks. In fact, numerous large multi- pact millions of people, maybe tens of partnership, frankly, is that the Fed- national corporations have adopted millions of people. eral Government needs to play a con- company-wide targets to cut global The interesting thing about the ad- structive role. It needs to lead by ex- warming pollutants that include car- ministration’s announcement yester- ample, set the tone, and follow bon dioxide. day also with regard to the arsenic lev- through. One of President Bush’s most loyal els is that once again my former gov- I, frankly, was shocked in the area of supporters, the Enron Corporation, has ernor, now the EPA administrator, environmental stewardship with last urged the President to create a credit- Christine Whitman, actually admitted week’s announcement dealing with trading system for carbon dioxide in a that the 50 parts per billion was unac- global warming and the broken prom- manner very similar to a bill I intro- ceptable and that the standard needed ise of the Bush administration dealing duced in Congress and that I will be re- to be lowered significantly. She said it with how we were going to deal with introducing shortly, where we use a twice in the statement that she put out CO2 emissions. I just returned from 4 trading system, which is essentially a from the EPA. Yet at the same time, days in my State of Oregon; and, like market approach to try to reduce car- she said that the 10 parts per billion your State of New Jersey, citizens bon dioxide and other emissions. was not a standard that there was a lot there are keenly concerned about the I have worked, frankly, with both of scientific agreement on. environment and quality of life. I was, utilities and environmental groups in I would say once again that I know frankly, despite that environmental creating what I consider a workable that Mrs. Whitman is trying to be help- orientation of Oregonians, surprised at emission-reduction plan, and I know ful and trying to suggest that the the intensity of the public reaction to that there are solutions other than standard needs to be lowered even the administration’s lack of commit- ‘‘business as usual,’’ in other words, though the Bush Administration does ment to the environment. the idea of simply throwing the envi- not want to do it, but I would point out Now, setting apart the fuzzy image ronment aside in the name of economic again that we know that a lot of the portrayed by the last campaign, it is development. countries in the world, part of the Eu- clear at this point it is more character- Utilities and environmentalists can ropean Union and the World Health Or- ized by a series of reversals. You have work together to come up with a pro- ganization, have adopted the 10 parts already referenced the reversal of the gram that reduces carbon dioxide. It is per billion, so you cannot say it is not arsenic standard by EPA administrator not a situation where you have to a standard widely accepted. In fact, it Whitman. Earlier in the week we heard choose between the environment and is widely accepted. from Department of Energy Secretary industry, or you have to choose be- Finally, I wanted to mention, before Abraham that our energy crisis could tween impacting people’s health in I move on to some of my colleagues be avoided by relaxing environmental terms of the air they breathe versus that are going to join me today, this regulations and drilling for oil in Alas- the cost of producing energy. latest report that the Bush administra- ka’s National Wildlife Refuge. Of

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.062 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1045 course, last week, President Bush re- Now, the question arises, and I have are high for the wood preservers be- versed an explicit campaign position to had difficulty from the press because cause 98 percent of the lumber sold for reduce greenhouse gas emissions. they want to know, was this an action outdoor purposes, mostly northern b 1330 of deliberately misleading the public pine, is treated with CCA at some 350 on the part of candidate Bush, or did he plants. The plants use about 144.5 mil- None of these actions demonstrates just not understand. I do not want to lion pounds CCA annually and about 37 that commitment to the livability of be in a situation to try and delve into million pounds of that mixture is ar- our communities, ensuring the public the hearts and minds of other politi- senic. They sell 5 billion board feet an- safety, environmental protection, or cians, but suffice it to say, I think it is nually. long-term energy conservation. We cer- kind of an unnerving Hobson’s choice I was thinking to myself, because of tainly do not need to spend more time here. Do we believe that a governor of what the gentleman said, about our studying whether or not global warm- an energy-producing State whose pri- own constituents. I live in a shore dis- ing is happening, or whether arsenic mary professional background to that trict, so it is true that a lot of the poses a health problem to our children point had been as an energy executive, places we go on the boardwalk or on and families. We know that it is. We did not know what he was talking the docks we see, I assume, this kind of need to devote our time and energy in- about, or the alternative, which was he coated wood. Can we imagine for 1 stead to deal with how we are going to knew, in fact, what he was talking minute that anybody who had a dock fix it. about, and there was never any inten- or was using a boardwalk would not It is true that we do not harbor a tion to provide this protection to the sacrifice that if they knew that the al- false sense of security in numbers. The American public. ternative was that their drinking fact is that almost 2,000 scientists have I think, frankly, either approach is water was going to be contaminated reiterated their findings that global unacceptable. It is unnerving, it under- and they had a 1 out of 100 chance of warming is occurring, and its linkage scores the credibility of what we are getting cancer from the arsenic. Our to carbon-based energy consumption is doing in the political process, and I priorities, or the administration’s pri- clear. This is a clear emerging sci- personally am very much dismayed, orities, are unbelievable that this kind entific consensus. not just because of what it says about of an organization would come in and The administration’s actions are also the political process, but what it say, we have to continue to manufac- out of sync with where the American means for us as a public to try and deal ture this processed wood and we are public is concerned. The gentleman with problems of global warming, of going to not be able to sell as much, or from New Jersey (Mr. PALLONE) and I acid rain, of trying to get on to the it is going to cost us more. That is take pride in the environmental con- next generation of energy-efficient ac- what we are dealing with here, that sciousness of the citizens that we rep- tivities and do what this Congress kind of industry. The average person is resent in New Jersey and Oregon, but it needs to be doing. going to say, charge me more for the is clear that the American public feel I am more than willing, Mr. Speaker, deck, but at least keep the water so deeply about the environment and en- to continue. I have some further that I can drink it. It is just incredible vironmental protection. It was just thoughts, but I notice that we have to me. this week that a Gallop poll found that been joined by another colleague, and 52 percent of Americans believe that we Mr. Speaker, I yield to the gentleman the gentleman from New Jersey (Mr. from Maine. should be protecting the environment PALLONE) perhaps at this point, before Mr. ALLEN. Mr. Speaker, I thank over a much smaller number dealing going on and talking about the Arctic the gentleman for yielding to me. I ap- with energy, and by almost 2 to 1 there Wildlife Refuge in a few minutes, preciate the gentleman holding this was a majority of those polled who op- maybe the gentleman has other parts Special Order to discuss one of the posed drilling for oil in the Alaskan of this discussion that he would like to more disturbing incidents of the early Wildlife Refuge. enter into at this point. On the campaign trail, then-Gov- Mr. PALLONE. Mr. Speaker, I appre- weeks of the Bush administration. The ernor Bush promised to seek a reduc- ciate the gentleman’s comments. What President has broken his promise to tion of carbon dioxide emissions, in- I wanted to do was just comment brief- the American people on the environ- cluding those emissions on a long list ly on the arsenic and then yield to our ment and, in doing so, he has evidenced of pollutants regulated at power colleague from Maine. a real disregard for our health and for plants. Last fall, the Bush campaign The one thing that I noticed that my the long term consequences of the poli- materials released a comprehensive na- colleague from Oregon talked about, cies that we adopt here in the Congress tional energy policy that spoke of the the special interests with regard to today. ‘‘need for a comprehensive energy pol- this arsenic level in drinking water; it I really think we need to look at this icy,’’ I am quoting, ‘‘that would be for- is interesting, because yesterday, when example. I have had legislation in each ward-looking, encourage the develop- the EPA administrator former Gov- of the last two Congresses and will in- ment of renewable energy sources and ernor Whitman announced that they troduce legislation very soon to deal increased conservation.’’ were, in fact, going to stick with the with these old coal-fired and oil-fired Specifically, then-Governor Bush status quo and not lower the arsenic power plants that are the major source proposed that legislation be introduced level standards, contrary to what had of man-made carbon dioxide emissions that would require electric utilities to been proposed, it was the same day in this country. I think it is worth not- reduce emissions and significantly im- that there was an article in The Wash- ing that these old power plants which prove air quality and ‘‘establish man- ington Post which was called, ‘‘All were grandfathered under the Clean Air datory reduction targets for emissions Decked Out, But Will Runoff Ruin the Act and the Clean Air Act amendments of 4 main pollutants, sulfur dioxide, ni- Well.’’ It was by the American Wood are not subject to the same standards trogen oxide, mercury and carbon diox- Preservers Institute which was worried that a new power plant would be in this ide.’’ He was going to phase them in, that this new arsenic standard would country. Yet, they emit 33 to 40 percent and so on and so forth, provide market- have a negative effect on their ability of all man-made carbon dioxide emis- based incentives; the gentleman from to produce this pressure-treated wood sions in this country. New Jersey has heard the drill. product. The President tried to say that well, The point is that he was clear and Basically, what they do is they carbon dioxide is not a pollutant, and unequivocal. In fact, then-candidate produce the kind of wood product that, certainly it is not a pollutant like mer- Bush derided Vice President Gore for I guess, is coated with a material that cury or sulfur dioxide or nitrogen diox- being too soft on this. This came up in preserves it, what we see on decks or ide because those are pollutants in all one of the Presidential debates, and we boardwalks or docks around the coun- cases and in all circumstances. But know those are perhaps the most in- try. It said in the article that the carbon dioxide, because there is so tensely scripted political theaters in stakes are high. Obviously, this organi- much of it being emitted now, is trans- the history of the Republic. This was zation was trying to get the standard forming the globe in a way that we can not accidental, this was calculated. to stay the same. It says, ‘‘The stakes no longer ignore.

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.063 pfrm01 PsN: H21PT1 H1046 CONGRESSIONAL RECORD — HOUSE March 21, 2001 During his campaign and even until resulting movement of populations try coming from about 500 plants. It last week, President Bush had com- could be substantial. cannot be easier than this. mitted to reducing carbon dioxide Glaciers and polar ice packs are The President also said that he emissions from power plants. For ex- melting. Already the area covered by thought the costs of dealing with the ample, in a speech last September in sea ice in the Arctic declined by about climate change issues would be too Michigan, President Bush said, we will 6 percent from 1978 to 1995. Ice thick- much. He never said beside the costs of require all power plans to meet clean ness has decreased 40 percent since the cleaning up 500 power plants, the costs air standards in order to reduce emis- 1960s. Droughts and wildfires will occur of the weather patterns, the changes in sions of sulfur dioxide, nitrogen oxide, more often, and as habitat changes or weather patterns that we are going to mercury, and carbon dioxide. That is is destroyed, species will be pushed to face as the globe becomes warmer. He the four-pollutant strategy that the extinction. never factored in the costs that it is EPA administrator, Christy Whitman, Despite the scientific consensus, going to have on our agriculture areas was discussing in the early weeks of what the President said in his an- as they find they are unable to grow in her new job. Mr. Bush made this prom- nouncement was that there is uncer- one part of the country and have to ise to protect people from the effects of tainty. Well, there is not. One can al- move to another part of the country. climate change and when it was made, ways find someone who disagrees with The costs of not acting are far greater it was a serious and substantial part of an emerging consensus, but this is a than the costs of acting, and putting the appeal that he was making to the very strong emerging consensus in the off for 4 years any effort to deal with American people to suggest that he scientific community. the primary greenhouse gas is a funda- was a moderate on the issues related to The oil and gas industries, as impor- mental mistake for the health of the the environment. But that is not the tant as they are in this country, as planet. case. He has broken his word to protect much as they may have contributed to It a fundamental mistake in terms of the American people and has instead various people, are a source of the our relations with the rest of the given in to the oil and gas industries problem that we need to get a grip on. world, because other countries around who, not surprisingly, are among the I also wanted to mention, just in the world are proceeding. We are the largest contributors to his campaign. terms of the warming issue, the year problem in this case. We are the prob- Now, Christy Whitman, the new ad- 1998 was the warmest year ever meas- lem. Here we sit in the United States, 5 ministrator of the EPA, was traveling ured globally in history. The top 10 percent of the globe’s population and through Europe and saying in radio warmest years ever measured world- we have met 25 percent of all the green- and television interviews that the wide over the last 120 years all oc- house gases in the country, and we are President would work to protect people curred after 1981, and the sixth warm- trying to suggest that China and India by cleaning up power plants and fur- est of these years occurred after 1990. and other people need to act before we ther, that he was really concerned As I mentioned before, I have this do. about this issue of global climate legislation, the Clean Power Plant Act, change. It is time to put our own house in which I will introduce again, and the order. It is time for people in the Con- Now, over the last few years, we have interesting thing about this legislation had this debate, both in this Congress gress to get the President to reverse is we are not talking about Kyoto here. his position and to tell the oil and gas and around the country, as to whether What I am suggesting in this bill is this climate change phenomenon is industries that this country, this plan- that carbon dioxide emissions in this et cannot be held captive to their spe- real, is it serious, and is it immediate. country be set at the level authorized Well, every time the group of scientists cial interests for the next 4 years. by the Rio Treaty in 1991, when the Mr. Speaker, I thank the gentleman working through the United Nations former President Bush was President, a for yielding to me. take another look at this, the evidence treaty that he signed, a treaty that Mr. PALLONE. Mr. Speaker, I want is clearer and clearer than it was be- was ratified by the U.S. Senate. And to thank the gentleman from Maine fore. Now, there is a consensus. There the way my legislation works, it allows (Mr. ALLEN), my colleague, and I know is a consensus in the scientific commu- emissions trading in carbon dioxide that everything the gentleman is say- nity that climate change is real, that among different plants, but overall, it ing is so true. the problem is serious, that it is driven sets a national limit consistent with Just to give two examples, quickly, by man-made emissions from auto- the Rio Treaty, and then we work to one is, I was with President Clinton mobiles and power plants and other set caps for individual plants and to last year at this time in March in sources, and that we need to do some- make sure that we get down to the India. And we had a ceremony, it was thing about it. overall national goal. just outside the Taj Mahal, where we The United Nations Intergovern- b 1345 announced cooperation between India mental Panel on Climate Change, the and the United States on a number of IPCC, is a group of scientists from As I said, it is possible to do emis- environmental issues that specifically around the world. They have agreed sions trading because carbon dioxide related to clean air. that climate change is a real issue and does not have an adverse local impact. There is no question that India, being we need to act in response. This is not It has an adverse global impact. the sort of leader within the developing a small group. More than 2,500 of the The last thing I want to say on this countries, is looking to see what the world’s leading climate scientists, point, right now the President’s failure United States is going to do on CO2 and economists and risk analysis experts to act is extremely disturbing, because other emissions before they are going from 80 different countries have con- any action that we take today is not to act. Because they say, look, most of tributed to the panel’s third assess- likely to have a significant effect on the problem is coming from the devel- ment report on climate change. These the upper atmosphere for 100 years, for oped country. If you are not going to scientists are projecting that we will 100 years, and that means that we have take the initiative, then why should we see temperatures rise from 2.7 to 11 de- to act before we have anyway of know- when we are economically under- grees over the next 100 years. Particu- ing exactly what the impact of our ac- developed? larly at the upper end of that scale, tions will be. India was more than willing to play that could have a phenomenal impact We just know that we have to reduce that role, but they are not going to do on this country and on the globe. There greenhouse gas emissions in this coun- it if the United States does not take would be a broad range of different im- try. Carbon dioxide is the principal the leadership on it, that is for sure. pacts. Sea levels will rise, and on the greenhouse gas; 33–40 percent of it Mr. Speaker, I yield to the gentleman coast of Maine, we care about that; we comes from these old coal-fired and oil- from Maine. do not want to see our beaches dis- fired power plants. And we can do it. It Mr. ALLEN. The gentleman makes a appear. But particularly in tropical is possible to develop the technology. very good point. It reminds me of an- areas of the world and in places like Environmental cleanup will never get other thought here. Part of the concern Bangladesh which are low-lying coun- easier than when you have 33–40 per- is that India and China, as they de- tries, the effects on the globe and the cent of all of the emissions in the coun- velop their own energy resources, are

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.067 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1047 going to be relying on coal, among This issue beyond question, let us years ago, we were in the midst of an other sources, because both of those just put for a moment aside the notion energy crisis. Even though many of countries have coal. that whether or not it is going to be de- those initiatives were reversed by the We are developing in this country structive for the environment, whether Reagan administration, conservation clean coal technology, clean coal tech- the environmental costs, whether the has nonetheless saved a quantity of en- nology that if this is transferred to problems that would deal with the na- ergy that is four times the entire do- China and India, if we help them with tive indigenous culture, treaty prob- mestic oil industries production. the development of their electrical in- lems and environmental problems with In the West, this is our only imme- frastructure will have far less impact our friends in Canada, put all of those diate solution. Given droughts and lim- on the environment than otherwise. aside for a moment, assume that it is ited generating capacity, the only way It is not just carbon dioxide. It is either they could be moderated or it this year that we will be able to make also mercury. I mean, mercury is one would be worth it. a difference is by changing our pat- of those pollutants that does not go There is a fundamental question terns of consumption. When we con- away; and we are having substantial whether or not it is actually worth it serve, there is no threat from terror- problems in the Northeast, as the gen- to go ahead and pursue this approach ists. There is no risk of environmental tleman knows, with mercury pollution. for the energy security of the United damage. It keeps producing year after Frankly, we have to figure out how States. year. to take some of this mercury out of the I was pleased recently to read the I must point out, perhaps most sig- air, and the best way to do it is chang- latest newsletters from the Rocky nificantly when I hear on the floor of ing how we deal with these old coal- Mountain Institute where Amory and this Chamber people talking about pro- fired and oil-fired power plants. Hunter Levins asked that fundamental tecting our strategic oil reserves, that Mr. Speaker, I thank the gentleman question, can you, in fact, make a prof- if we place all of our bets on the Arctic again for yielding. it over the course of the next 20 years Wildlife Refuge, we are, in fact, Mr. PALLONE. The other thing the dooming the United States to a very gentleman mentioned about coastal by invading the Arctic Wildlife Refuge? It is interesting that the State of insecure posture. If we are going to States. My district is a coastal district. Alaska itself has done its recent price In fact, there are certain parts of it place our bets on an aging 800-mile forecasting that suggests that what the that are no more than a few blocks long facility, a pipeline through the State of Alaska envisions as being the wide from the ocean. Arctic that is increasingly unreliable, I will tell the gentleman that my long-term price of oil over the course that is wearing out, that is impossible constituents are very concerned about of the next 10 years, that it would not to defend from disruption, from terror- the impact that global climate changes generate enough revenue to be profit- ists or rogue states or deranged people, are going to have on the rising sea able. it is not a very smart way for us to level. If we use our time and our resources make those investments. Far better to We have to put in place these beach to recover this expensive oil in some of deal with how we use energy in a more replenishment projects every year that the most environmentally sensitive cost effective and efficient manner. costs us millions of dollars, and that is areas in the world, it would actually I have more comments to make on not going to work any more if the sea end up resulting in a waste of money, this, but I want to yield to the gen- level continues to rise. This is not pie and we would have to be importing tleman from California (Mr. GEORGE in the sky. This is real. more oil sooner, as opposed to dealing MILLER). with less expensive energy alter- Mr. GEORGE MILLER of California. f natives. Mr. Speaker, I thank the gentleman ADDRESSING IMPORTANT Many would argue that another fun- from Oregon (Mr. BLUMENAUER) for ENVIRONMENTAL ISSUES damental issue, and it is one that I yielding to me and for taking this spe- The SPEAKER pro tempore (Mr. agree, is whether this country can con- cial order; and I also want to thank the SHIMKUS). Under the Speaker’s an- tinue to use the current energy pat- gentleman from New Jersey (Mr. nounced policy of January 3, 2001, the terns that we have using six times as PALLONE). gentleman from Oregon (Mr. much energy per capita as the rest of Clearly, the President has dis- BLUMENAUER) is recognized for the bal- the world, twice as much as developed appointed the Nation when he did an ance of the time allocated to the gen- countries like Japan and Germany. about-face and broke his promise to tleman from New Jersey (Mr. The irony is that conservation and regulate CO2 emissions, especially PALLONE). energy efficiency does in fact work. It among the older power plants, oil and Mr. BLUMENAUER. Mr. Speaker, I works better than an effort to exploit gas burning power plants in this Na- thank my colleagues, and I think we the Arctic Wildlife Refuge. It is esti- tion. have some interesting context that has mated that a mere 3 miles per gallon The suggestion has been made by been established here. improvement in the performance of some that it was okay to break this I would just take a moment to ref- SUVs would offset the oil production campaign promise because it was only erence what my other colleague from from the Arctic. one sentence in a long speech, it came Portland, the gentleman from Maine If, for some reason, we cannot change late in the speech. I do not remember (Mr. ALLEN), talked about, that it is those huge and inefficient vehicles, when any of us were running that our going to be 100 years or more before the just one half mile per gallon efficiency supporters told us it would be okay to full impact of actions that we take overall for the fleet would more than break our promises if it was not the today will be felt, that we have set in equal the production of the arctic wil- first thing we said in the speech or if it motion a pattern of environmental de- derness. was not the fifth thing we said in the struction that will take decades and This is not beyond our power. Last speech, that they would not take it perhaps centuries to correct. year, the average fleet efficiency of 24 that seriously. There is no time to waste, and it is miles per gallon was tied for a 20-year As my colleagues have pointed out not appropriate for us to continue pre- low. We can and we should do better. here, the President made this state- tending to do something about it by In the Pacific Northwest, we are ment about these controls in CO2 be- just reiterating the studies that have sending energy that we really do not cause he wanted to appear to the coun- already been done. Most Americans have to spare to the State of Cali- try to be concerned about the Nation’s agree with the scientific evidence that fornia. Yet we find that there could be environment, and he wanted to appear global warming is real and that we a 30 percent energy savings for reduc- to be more concerned than the Vice must, in fact, do something about it. ing air conditioning just by changing President Al Gore. That is why he It is in this context that I must con- the color of the roofs in southern Cali- made this promise. But the public fess a certain surprise by the adminis- fornia to a white reflective surface. thought he meant it. Now he has bro- tration’s proposal to meet the current It would be far more effective for us ken it. energy crisis with a proposal to drill to make that investment in conserva- Tragically, he has broken it because for oil in the Arctic Wildlife Refuge. tion. When I started in this business 25 he is buying in to a very old idea that

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.068 pfrm01 PsN: H21PT1 H1048 CONGRESSIONAL RECORD — HOUSE March 21, 2001 somehow America cannot clean up its Technology, science and the Internet country’s energy problem.’’ He also environment and meet its energy have the ability to almost immediately said ‘‘it is clear from first analysis that needs, a false dichotomy, a fact that and dramatically change the demand the demand for energy in the United does not exist, that we know time and and the cost of America’s energy fu- States is increasing much more so than again is proven in everyday business tures needs. its production. With the result, we are life in this country, that companies all New materials, demand-side energy finding in certain parts of the country over the United States are doing ex- reductions, contracting out energy that we are short on energy, and this actly that. They are saving energy. management, dramatically improved administration is concerned about it.’’ They are increasing their efficiency. renewable energy sources, inventory Well, the administration may be con- They are reducing their greenhouse management, business-to-business net- cerned, but the two predicate state- emissions, and the country and the works, transportation shipping effi- ments before that are both incorrect. world are better off for that. ciencies, more development of oil and The current situation has no correla- gas, conservation opportunities in the tion whatsoever to demand outstrip- b 1400 three big sectors of transportation, ping supply and arises instead from But this President apparently has a lighting and heating and cooling, all what we have seen recently, and that is very old energy policy. It begins by will allow for us to develop a national generators withholding energy and dragging these old, old power plants, energy policy that in fact provides for price gouging of consumers. these dinosaurs from a past age, drag- an enhanced economic and national se- In other words, those few people in ging them into the future and saying curity. our country who maintain control over this is America’s energy policy. This is far different than a policy the energy supply system and the gen- It begins by trying to convince the that only concerns itself with the pro- eration system have been gouging con- public that somehow we can have oil duction of oil and continuing to believe sumers and withholding capacity from independence, which is far different in an economy that is as large and dy- the marketplace in order to drive than what we should be doing. We can namic as America that we can simply prices up. develop energy sufficiency, and we can produce our way to energy independ- Instead of a responsible energy policy sustain energy in this country, and we ence. that addresses these artificial short- can meet this Nation’s need. But that No longer would our citizens have to ages, the only plan the administration policy is very different than oil inde- worry every time that another leader has come up with is to open up Alas- pendence. in OPEC gets into domestic problems ka’s Arctic National Wildlife Refuge The first policy of energy sustain- and seeks to solve his problems on the and other federally protected lands to ability and sufficiency for the needs of back of the American consumers and oil and natural gas drilling. So what we have here in effect is a this country is achievable and in the the economy. very convenient conflict of interests. national interest. The other one is not. No longer would this generation of What the President wants to do, in alli- If we are really seeking to strengthen Americans pass its energy and environ- ance with his oil production friends, is America’s hand with respect to energy mental failures on to the next genera- to open up the Arctic National Wildlife and our economy, we should do all that tion where they become more difficult Refuge. At the same time, he is using is possible to develop a national sus- and expensive to solve. the alleged shortage of energy to try to tainable energy policy that would min- That would be an energy policy. But develop public support and public opin- imize our dependence on foreign oil. the President has turned his back on ion in that direction. While he is doing Very similar to the cocaine trade, if that policy when he began with break- that, he is allowing his friends in the we are serious, we would make every ing his campaign promise to regulate effort to diminish the demand in the oil industry to gouge consumers by CO2 emissions from older coal plants. dramatically increasing prices and American market. If we are very seri- Mr. BLUMENAUER. Mr. Speaker, I withholding energy capacity from the ous about being independent from for- appreciate the leadership of the gen- eign oil supplies, then we must make market. tleman from California (Mr. GEORGE It is a very shocking circumstance, every effort to diminish the demand in MILLER) dating back to the last time indeed. Let me just talk for another the American market. we were in a major energy crisis. minute about the need to reduce the Rather than placing so much of our We are privileged to have join us the demand for oil and how that is key. emphasis on new oil supplies, we would gentleman from New York (Mr. HIN- Any serious energy plan must focus our build a national energy policy that is CHEY). I thank him for his concern and efforts on reducing our demand for oil based on the strengths of our country interest in issues that relate to the en- rather than on increasing our supplies, rather than its weakness. These vironment and the leadership he has as the present administration seems strengths are the marketplace, innova- provided individually and on the Com- determined to do. tion, technology, and the allocation of mittee on Appropriations. The centerpiece of the administra- capital. Mr. Speaker, it is my pleasure to tion’s energy plan is to drill for oil in If these economic forces were truly yield to the gentleman from New York Alaska’s Arctic National Wildlife Ref- unleashed to provide a national energy (Mr. HINCHEY). uge. This move would simply be a gift policy, the role of coal and oil would be Mr. HINCHEY. Mr. Speaker, I thank to the oil companies that would do lit- greatly diminished, still very impor- the gentleman from Oregon for yield- tle, if anything, to affect our energy tant, but diminished. ing me this time. I thank him and the prices or our security. America’s energy policy would evolve gentleman from New Jersey for orga- The U.S. Geological Survey has esti- to one where business decisions, capital nizing this time so we could address an mated recently that the amount of oil allocations, research commitments, issue that is perhaps the most impor- that could be recovered from the Arctic and environmental policy would coin- tant that faces the economy of our Refuge would amount to less than a 6- cide to make business more efficient country and the welfare of the Amer- month supply for American consumers. and productive, development of new ican people over the course of the next It will take 7 to 10 years for any oil products and services would expand, decade. from the Arctic Refuge to make its and the environment would be easier We are increasingly alarmed about way to the market, and it would not and less expensive to clean up. Such a the statements that have been coming even help many parts of our country. policy demands a synergy that, for the from the administration with regard to For example, none of it would be most part, national energy policy to American energy policy and the steps shipped east of the Rocky Mountains; date is treated as a stepchild. that need to be taken to develop a co- and no Alaska oil would ever be refined To do so, the Congress must stop herent, comprehensive, safe energy pol- into home heating oil, which many thinking of the energy policy as an ex- icy that is going to maintain the people depend upon to heat their homes tension of the past. Rather, the Con- strength of our economy and the wel- and businesses. At no time would oil gress and the President must set the fare of our people. from the refuge be expected to meet tools of the future free to create this For example, on Monday, Bush said any more than at most 2 percent of new energy vision and reality. that he saw ‘‘no short-term fixes to the U.S. demand.

VerDate 21-MAR-2001 02:06 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.070 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1049 The Arctic Refuge is one of our na- their great heat intensity. We have I urge my colleagues and this admin- tional treasures. It deserves to be pro- seen unusual storms take place in istration to pay heed to the scientific tected as wilderness, of course, not to areas which have been unaccustomed, evidence. Whether the issue is carbon spoil for a few months’ worth of oil. hurricanes with much more intensity; dioxide or arsenic, there is a consensus Oil, as we know, is a global commodity; tornadoes the same. around the issue; and that consensus is and its price will always be driven by I mean, sooner or later, we come to that scientific proof ought to be care- world markets that are for the most an understanding that it is human ac- fully regarded. part beyond our control. tivity which is beginning to create an Mr. BLUMENAUER. Mr. Speaker, I The United States has only 2 percent overall change in the Earth’s environ- thank the gentleman from Ohio (Mr. of the world’s oil reserves but gen- ment; and sooner or later, we have to KUCINICH) for his leadership and for his erates about 25 percent of world de- come to an understanding that our re- comments. mand while gulf state OPEC members sponsibility here is, not only in the Mr. Speaker, I yield the remainder of control about two-thirds of proven re- present, it is not simply to keep cer- my time to the gentleman from Massa- serves. We currently depend upon im- tain interest groups moving forward, chusetts (Mr. MARKEY), who has been ports for over half of our oil supplies. but our responsibility is to many gen- leading on this for years. By 2015, this dependence is expected to erations forward so that people have a Mr. MARKEY. Mr. Speaker, I appre- increase to more than 68 percent. place to work out their own destiny on ciate very much the gentleman from It is quite clear that we are not going this planet. Oregon (Mr. BLUMENAUER) having this to meet our energy needs by drilling in So the survival of the planet is at Special Order today. the Arctic National Wildlife Refuge. stake here and the survival of the Of course we have had a stunning set What we need is a policy of energy con- democratic tradition, because we have of decisions which have been made by servation, of renewable energy based an obligation as citizens of democracy this administration just in the past upon solar or wind or other renewable to address this issue in a forthright week highlighted by the decision not to way and to do it with others who are sources, and we need to conserve. impose new standards on CO2 emis- We can produce much more energy in concerned from around the world. sions, that is, the emissions that go our country through conservation than We have a moral responsibility to re- into the atmosphere that are causing we can by opening up the Arctic Na- duce emissions. Now, as of late, we are the greenhouse effect. tional Wildlife Refuge or any other seeing assertions that somehow carbon b 1415 portion of the country that is not cur- dioxide is not a problem. The truth is, rently exploited. That is where our ef- since the Industrial Revolution, the Eighty-eight percent of those come forts needs to go, in conservation. concentration of carbon dioxide has from coal-fired plants. If we do not put Mr. Speaker, I thank the gentleman risen about 30 percent and is now high- the controls on, we are going to lose er than it has been in the last 400,000 from Oregon (Mr. BLUMENAUER) very our ability to deal with that issue. much for giving us the opportunity to years. Moreover, there is also this drive by Humans have created this level of make these points. the administration to go to the Arctic carbon dioxide that the Earth can no Mr. BLUMENAUER. Mr. Speaker, I pristine wilderness and drill for oil. longer naturally absorb. So we are appreciate the gentleman’s argument Now that oil, of course, would go in a driving the rate of global warming, and and continued leadership. pipeline down to California so that the we must take steps to reduce CO pol- It is my privilege in our remaining 2 2 oil could be put into SUVs that average lution. The United States is the great- minutes to turn to two final leaders 14 miles a gallon. We should first figure est polluter. out how to make SUVs go 20 or 25 miles that we have here. First, I yield to the Now, in spite of strong consensus gentleman from Ohio (Mr. KUCINICH), a per gallon before we go into the pris- around the scientific evidence, it seems tine wilderness and destroy it forever. gentleman who has been active in pro- that special interests are more influen- Is not that our responsibility as the viding leadership on energy issues as a tial. The recent pattern of environ- technological generation, to ensure local official, as a mayor, as a legis- mental decisions are an ironic back- that two-thirds of the oil that we put lator, and now as a Member of Con- drop to the debate occurring right now into automobiles, into SUVs, and that gress. on campaign finance reform. Before the is where two-thirds of all oil in our Mr. KUCINICH. Mr. Speaker, I thank interest groups have made their lob- country goes to, is first made more ef- the gentleman for yielding to me. bying effort to prevent carbon dioxide ficient, that is those vehicles, before Mr. Speaker, a few years ago, I was regulations, we could all see the we destroy God’s beautiful creation. privileged to be one of the representa- science as justifying greater efforts to Now the administration likes to say tives to the talks, the conference of control carbon dioxide. parties, discussions, concerning the ef- We know that Secretary O’Neill 3 that we will only create tiny footprints fect of global climate change. The years ago spoke of global warming sig- like Carl Sandburg’s little cat’s feet, talks took place in Buenos Aires, and I nificance as second only to nuclear you can see the image, but the reality was one of the few Members of Con- conflagration. He even criticized the is in Prudhoe Bay already where we do gress who was privileged to attend and Kyoto Protocol as being too weak. We allow for drilling, it has done some- present views consistent with the dis- know that Administrator Christine thing quite different. There is over cussion that is occurring on this floor. Todd Whitman has spoken out strongly 1,000 square miles of development per- There is concern all over the world about putting limits on carbon dioxide manently scarring the environment. about changes taking place in the glob- emissions as part of a multi-pollutant They have twice the NOX emissions as al climate. I spoke with individuals strategy to curb emissions. Unfortu- Washington, D.C. up there in Prudhoe from some of the islands in the South nately, we are seeing another direction Bay and tons of greenhouse gases. You Pacific who talk about how the sea taken. have pipelines crisscrossing the land- level is starting to rise and it is affect- I would like to conclude by also, not scape. ing the properties on those islands. only by pointing out how we are going There is a black and white debate We know that there are 2,500 sci- the wrong way on carbon dioxide emis- here. We can have this or this debate. entists who have done studies in con- sions and dealing with that, but, also, Here is what goes on in Prudhoe Bay nection with the United Nations which yesterday, a statement was made that right now every day: 1,000 square miles have demonstrated that global climate the administration pulled arsenic regu- of development; 500 miles of roads; 3,893 change is a reality. I mean, any citizen lations out of concerns about drinking wells drilled; 170 drill pads; 55 contami- of this country is aware that, in the water. nated waste sites; one toxic spill every last few years, we have seen extreme Now, this industry that is driving day; two refineries; twice the nitrogen changes in our climate. this was apparently more influential oxide pollution as Washington, D.C.; We have seen 100-year floods occur than studies from the National Acad- 114,000 metric tons of methane and 11 every few decades, if not every few emy of Science. And before the EPA million metric tons of carbon emis- years. We have seen tremendous heat was even created, arsenic was regu- sions every year; and $22 million in waves which buckle freeways with lated. So we need to be very concerned. civil and criminal fines; 25 production

VerDate 21-MAR-2001 02:03 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.072 pfrm01 PsN: H21PT1 H1050 CONGRESSIONAL RECORD — HOUSE March 21, 2001 and treatment facilities; 60 million so tonight we want to talk about what them, knowing that they are alive and cubic yards of gravel mined. has happened and the progress. still giving their message, their testa- The other side, you have no develop- Mr. Speaker, I want to yield to my ment, is always an extraordinary expe- ment which is what we are saying. friend and my colleague, the co-chair rience. First, let us look at SUVs. First, let us of the board of Faith and Politics, the Mr. Speaker, I would like to ask a look at buildings. First, let us make gentleman from New York (Mr. HOUGH- question, if I could. Those of us who ourselves more efficient. First, let us TON). have seen the gentleman from Georgia use technology to cut OPEC down to Mr. HOUGHTON. Mr. Speaker, it is (Mr. LEWIS) in action and were with size. They know that we are addicted always an honor to be with the gen- Betty Fikes and with Bernard Lafay- to these vehicles that get 12 to 14 miles tleman from Georgia (Mr. LEWIS) ette and with so many others, look a gallon. We should not go to the Arc- whether we are on the House floor or in back and see something which was an tic wilderness first, we should go to Selma or any place. I had a wonderful enormous change in our whole philos- where we consume the energy. experience with the gentleman from ophy. But as we know now, it was only f Georgia; Ambassador Sheila Sisulu; one moment in time, it was only one and Douglas Tanner, who is the presi- incident and it did not cure our sense 36-YEAR ANNIVERSARY OF THE dent of the Faith and Politics organiza- of discrimination in this country, it MARCH ACROSS EDMUND tion in my part of the country, upstate only opened it up. So the question I PETTUS BRIDGE New York; and it was fascinating talk- ask of the gentleman from Georgia, The SPEAKER pro tempore (Mr. ing about the gentleman’s reminisces what do we do next? What are those KENNEDY). Under the Speaker’s an- and experiences in Alabama, and also things that we must continue to do not nounced policy of January 3, 2001, the comparing those to Ambassador only to honor this legacy but to fulfill gentleman from Georgia (Mr. LEWIS) is Sisulu’s experiences in South Africa. It our pioneering spirit and try to make recognized for 60 minutes. was absolutely great. this a better place. Mr. LEWIS of Georgia. Mr. Speaker, I have a couple of comments I would Mr. LEWIS of Georgia. Mr. Speaker, I take a Special Order today with my like to make and then also, Mr. Speak- I thank the gentleman for his kind colleague, my friend, the gentleman er, of my friend, the gentleman from words, and let me try to respond to his from New York (Mr. HOUGHTON). We co- Georgia (Mr. LEWIS), I would like to kind question. chair an organization, a group called ask a question at the end of this. Let I notice several of my colleagues are Faith and Politics. It is truly a group me make a comment or two if I could. here, and I want to give them an oppor- that is bipartisan in nature. For the We had an extraordinary experience tunity to say something. But any time past few years, we have been engaging in Alabama. I had children and grand- we see racism, bigotry, see people dis- in what we call a dialogue on race. We children, and it was a family affair be- criminated against because of the color have been taking Members of Congress, cause I wanted them to have the same of their skin, because of their race or Republicans and Democrats, back on a sense that I did the first time I was national origin, because of their sex or journey, a journey of reconciliation, down there of the enormity of this. We sexual orientation, for whatever reason back to places in Alabama: Bir- celebrate Washington’s birthday and people are kept down or kept out, we mingham, Montgomery, and Selma. Lincoln’s birthday and Labor Day, but have an obligation, all of us as citizens Just a few days ago, to be exact, on this is something that we should put a of America, as human beings, to speak March 2, 3 and 4, we had an opportunity fine point on because it did something out and say something, to get in the as a group to travel again, a learning to break us over a tidewater in this way, to not be quiet. experience for many of us, so I thought country which many of us did not feel When I was growing up, my mother it would be fitting to come to the at the time because we were not there. used to tell me do not get in trouble. House floor this afternoon and talk for I was down there with the gentleman But as a young person I got in trouble, a few moments about what we saw, from Georgia (Mr. LEWIS), and he is all and I saw many young people getting what we felt and what we came away dressed up as he is today and he is in trouble by sitting down. President with from this trip to Birmingham, to handsome and he has a nice suit on and Kennedy once said back in 1960, by sit- Montgomery, to Selma. he speaks well and he is a very dig- ting down on those lunch counter Mr. Speaker, I think it is fitting and nified individual. And yet I think back stools, we were really standing up. So appropriate for us to have this dialogue to that time 36, 37 years ago when the by marching for the right to vote 36 today, this discussion, for today, ex- gentleman was on the pavement having years ago, we were helping to make actly 36 years ago today, March 21, been beaten and bloodied and rep- America something better. So from 1965, 2 weeks after Bloody Sunday, 700 resenting all of the aspirations that we time to time, we all have to get in the of us, men and women, young children, have for fairness and decency in our so- way. elected officials, ministers, priests, ciety, and we were not there. We want- Mr. HOUGHTON. Mr. Speaker, I rabbis, nuns, American citizens from ed to be there, but we were not there; would advise the gentleman from Geor- all over the country, walked across the but the gentleman from Georgia was gia that I will yield to somebody on the Edmund Pettus Bridge on our way there. gentleman’s side, and then I know that from Selma to Montgomery to drama- I am a member of the World War II the gentlewoman from Missouri (Mrs. tize to the Nation and to the world generation, and we are dying pretty EMERSON) wants to say something. that people of color wanted to register rapidly. And someone said at the end of Mr. LEWIS of Georgia. Mr. Speaker, to vote. 2008 we will all be gone, but not so of let me recognize the gentlewoman from Just think, just a few short years ago the people of the gentleman from Geor- the Virgin Islands (Mrs. CHRISTENSEN). in Georgia, Alabama, Mississippi, it gia’s generation and the people who Mrs. CHRISTENSEN. Mr. Speaker, was almost impossible for people of fought those battles in Selma, Bir- earlier this month I was privileged to color to register to vote. You had to mingham, and Montgomery. You can- be one of 140 people of all walks of life, pass a so-called literacy test in the not listen, as you have heard me say so all ages, from all over the country and States of Georgia, Alabama and Mis- many times to this lovely lady, Betty all over the world who joined the gen- sissippi. On one occasion a black man Fikes, singing without understanding tleman from Georgia (Mr. LEWIS), the was asked to give the number of bub- something about our country that one gentleman from New York (Mr. HOUGH- bles in a bar of soap. If you failed to does not sense unless you sing the Star TON), and the gentleman from Alabama cross a ‘‘t’’ or dot an ‘‘i,’’ maybe you Spangled Banner or America the Beau- (Mr. HILLIARD) in the Faith and Poli- misspelled a word, you flunked the so- tiful. This is an extraordinary experi- tics Institute on the fourth annual pil- called literacy test. ence, and this is the lady who was sing- grimage to Alabama. Well, because of the action of the ing at the time of the marching and I blocked out that weekend early in Congress and the leadership of a Presi- the beatings and the death and the the year because I wanted to go, but I dent, 36 years ago, and the involvement tragedy down there. These people are did not anticipate the depth of feelings of hundreds and millions of our citi- all alive. And so to be able to go down and emotion that pilgrimage would zens, we have come the distance. And there and experience that, be with evoke. Revisiting the history of the

VerDate 21-MAR-2001 02:03 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.074 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1051 life-changing and Nation-changing provided not only inspiration but liv- beliefs, and how it all interrelated, and events which occurred more than 40 ing lessons for those of us who are they used those beliefs in God and their years ago, it is an experience even now thrust by need, time and circumstance beliefs in the righteousness of their that I will never forget. Yes, we went into positions of leadership. We only cause to overcome incredibly over- to the different institutes, museums, hope and pray that we are as up to the whelming odds. That was a very impor- the historical sites, but it was also task. tant thing that I learned and some- having several of the leaders of that We live today at the beginning of the thing that I think carries forward and important and tumultuous time with third millennium in a country which should carry forward always. us to inform and guide us which made spends more money than any other in I also learned how important the it come alive. the world on health care. Yet today weekend was in providing an oppor- As we walked through Kelly Ingram hundreds of African Americans and tunity, as I mentioned in church on the Park, prayed at the 16th Street Baptist other people of color, people in our Sunday we were there, for reflection Church, now a memorial to the four lit- rural communities, will die from pre- and repentance. While I was raised in a tle girls killed by a bomb made not ventable diseases and causes, all be- different part of the country and am of only of explosives but of hate, moved cause in one way or another they have a different race and perhaps somewhat on to Montgomery to the First Baptist been denied access to quality health of a different cultural background and, Church and to the Dexter Avenue King care. quite frankly, was too young at the Memorial Baptist Church which Dr. I want to say on behalf of the mil- time, in spite of that, I regret sincerely King pastored, and which along with lions of Americans, both in the States that I did not have an opportunity to others was a central meeting place of and in the territories, that today, with play a more active role in what was the that movement, and finally took that a significant surplus projected, it defining moment of the 20th century. solemn march across the Edmund would be another travesty of justice if But they gave us the opportunity to Pettus Bridge in Selma, we knew that the health care needs in this country feel what it was like as best I could. we had truly come once again treading were not fully addressed. Universal I think the bottom line is, and one our path through the blood of slaugh- coverage must be provided and the dis- which I hope every single person who ter. parities that exist for people of color in was with us got from this wonderful ex- this country must be eliminated. This perience, was that through the reflec- b 1430 is our charge. Although different, this tion, through repentance, through all It was a time of introspection. How cause is no less just, and the movement of that is the recognition, I think, that insignificant many of the things we must be no less fervent or steadfast. comes, and it is what we are all work- squabble, worry and fret about became. I want to take this opportunity to ing for, and that is reconciliation. The I recall that during much of the move- thank the Faith and Politics Institute gentleman from Georgia and so many ment, I was safely ensconced at St. and the many people who were a part others provided me the inspiration to Mary’s College in Notre Dame, Indiana; of our pilgrimage this year for remind- work toward that goal. I could never and, though far away in many ways, ing me that with faith in God and be- thank him enough for giving me that the summer of 1963 changed even those lief in the better America that this opportunity. two campuses. country can be, that on all of the im- Mr. LEWIS of Georgia. Let me thank Even more than before, I understood portant challenges that face our com- the gentlewoman for those kind and the level of indebtedness that all of us munity today we can and will over- wonderful words. She added so much to owe to the multitude of committed and come. the trip. We will always be grateful for courageous people, like John Lewis, Mr. LEWIS of Georgia. Mr. Speaker, her involvement. Reverend Shuttlesworth, Dr. Bernard I would like now to yield to the gentle- Mr. Speaker, I yield to the gentleman Lafayette, Bob Zelner, Betty Fikes and woman from Missouri (Mrs. EMERSON). from Missouri (Mr. GEPHARDT), the others who ministered to us that week- Mrs. EMERSON. Mr. Speaker, I am Democratic leader who made the trip end, some well known, others going to, if I could, address my com- to Alabama. unnamed, who believed in an America ments to my good friend the gentleman Mr. GEPHARDT. Mr. Speaker, I of justice, equality, fairness and re- from Georgia (Mr. LEWIS). I want to thank the gentleman from Georgia for spect and who were willing to sacrifice, thank him from the bottom of my his life, really, and his leadership and bear painful beatings and even to give heart and that of my husband for al- what he means to all of us. I want to their lives, as too many did, to make it lowing us to go with him and all of our thank him for holding this trip. I told a reality. Unquestionably, all of us, colleagues and others to this most in- him personally the other day how like those who made this pilgrimage credible experience in Alabama. I can- much I appreciated the work that he before, returned inspired, refocused and not relate to the gentleman from Geor- and his staff does to help the Faith and revived personally as well as for the gia how extraordinary it felt to meet Politics Institute put on this weekend. work that each one of us do every day. with and see him and Bernard Lafay- This is the first time that I have had Looking back at what we as a people ette and Reverend Shuttlesworth and the chance to be with him. I have had achieved because of the civil rights Bob Zelner, all of you and others who wanted to come and could not make it movement and taking stock of the were such vital and vibrant parts of the happen but was able to come this year. many troubling events that have oc- civil rights movement in their youth. I I want to thank all the Members, the curred over the past few years, we can can see him very easily back then now gentleman from New York (Mr. HOUGH- see that although much change was after that weekend. Perhaps he does TON), the gentlewoman from Missouri brought about because of the move- not just have quite as much hair, but (Mrs. EMERSON), the gentleman from Il- ment, we have lost some ground. The he has that same spirit and that same linois (Mr. LAHOOD), the Members who need is clear more than ever that we belief. It was extraordinary to be able are here from our side who participated must be vigilant and continue to walk to hear and exchange stories and tales in this event. It was, in a word, moving in the way of those brave men and from what I think is probably the most to all of us to be part of this event. It women, to forever secure and preserve dramatic movement in the 20th cen- was, in my view, one of the most im- the rights and privileges that they so tury. portant things that I have been able to courageously won. We still have so There are two or three things that I do in my entire life. Because until you much more to work towards. learned and that had a significant im- go to Selma and meet with some of Although I have heard it said before pact on me beyond the visits that we your colleagues and hear the history of and I have heard the gentleman from made to the significant landmarks over what happened and how it happened Georgia (Mr. LEWIS) say it, I have said the weekend. One thing that I learned and what it meant in their lives and to it myself, after this weekend it became that I did not realize before was what see them still alive today and still even clearer that the right to quality is the importance of the interwoven re- fighting for these issues was truly mov- health care is the major civil rights lationship of the gentleman’s sectarian ing. issue of this time. The civil rights and political views, his and others’, There is no substitute for it. There is movement that we had just revisited with deeply held religious views and no way to read about it. There is no

VerDate 21-MAR-2001 02:03 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.076 pfrm01 PsN: H21PT1 H1052 CONGRESSIONAL RECORD — HOUSE March 21, 2001 way to even see a television show It was an honor to be with him. I do from Georgia (Mr. LEWIS) have experi- about it and understand it the way you not know of a time that I have spent in enced and others have experienced I can when you are actually in the spot my life that was more productive or think is a good lesson for all of us in and meeting with these wonderful useful than that weekend. I thank him terms of what we can bring back to the American citizens who improved our for making it possible. I look forward House in terms of reforms that may be country so importantly. I felt like I to working with him and Members on made as a result of that experience. was meeting with history. It would be both sides of the aisle in the days So I congratulate the gentleman. As kind of like meeting with patriots in ahead to try to advance these issues one who has tried to practice biparti- Concord or Lexington or Gettysburg or and these challenges to a more success- sanship and support bipartisanship, I some other place in our country where ful conclusion. think the trip to Selma and Mont- momentous events occurred that made We are on the road. We are not there gomery is one of the extraordinary bi- our country what it is. yet. We are going to get there some- partisan efforts; and I congratulate the It is also an understanding that the time soon. gentleman, and Faith and Politics, and right to vote is basic to our democracy Mr. LEWIS of Georgia. I thank the Doug Tanner and the work that he does and that we have to always fight, even leader for those kind and extraordinary and his organization. Doug works in today’s circumstance, for people’s words. mighty hard around here to try to right to vote. It is obviously a different Mr. Speaker, it is now my pleasure to bring people together, and I know that fight today, but it was certainly that yield time to the gentleman from Illi- there are grand plans to do something compulsion to want freedom and de- nois (Mr. LAHOOD), who has been very extraordinary next year, and I hope mocracy that led the gentleman from active in Faith and Politics and has that Members of the House will look on Georgia and his colleagues to commit made these trips to Alabama. the opportunities we have had at the heroic acts that went on then. Selma to build on that for other oppor- And then, of course, to remember b 1445 tunities with Faith and Politics and that 10 days after Bloody Sunday, Mr. LAHOOD. Mr. Speaker, I thank with the gentleman. President Lyndon Johnson came to the gentleman for yielding. Again, I thank the gentleman for giv- this room and personally delivered his Mr. Speaker, I wanted to come to the ing all of us an opportunity to know voting rights legislation and gave the floor during this Special Order time to him, know his experience, share his ex- most stirring address of his presidency. also pay special tribute to the gen- perience, and to really imbue in all of I doubt that would have happened, it tleman from Georgia (Mr. LEWIS). My us the importance of how precious the certainly would not have happened in wife and I have had the privilege of at- right to vote really is for all of us. that time, if he had not done and his tending two trips to Selma; and even I thank the gentleman for this Spe- friends had not done what they did. though we did not attend the one this cial Order and the chance to say a few President Johnson defined the national year, we were there last year and the words. imperative to overcome the tyranny of year before last and had the extraor- Mr. LEWIS of Georgia. Mr. Speaker, discrimination and bigotry. President dinary opportunity to experience a sort I would say to the gentleman from Illi- Johnson recognized, as President Lin- of living history of what took place nois (Mr. LAHOOD), my friend and coln had recognized a century before, during that period of time. brother, thank you for all your good that a nation divided could not stand. I know it must have been a thrill to work and for being so supportive of He got all of us to make a commitment go back to Selma this year and to Faith and Politics and making those to voting rights. maybe hug or greet the new mayor of I would like to quote one of the trips to Alabama. Selma. I know the gentleman has been Mr. Speaker, it is my pleasure to things that he said in his speech. He going back there for many years, but said, ‘‘Many of the issues of civil rights yield to the gentlewoman from Cali- to have somebody like the new mayor fornia (Mrs. CAPPS). are very complex and very difficult. just elected in Selma must have been But about this there can and should be Mrs. CAPPS. Mr. Speaker, I am very an extraordinary opportunity and grateful to the honorable gentleman no argument. Every American citizen thrill for the gentleman after so many must have an equal right to vote. from Georgia (Mr. LEWIS) for yielding. years of fighting for voting rights. There is no reason which can excuse Mr. Speaker, I brought my pilgrim- I think part of what we learned on the denial of that right. There is no age book with me. I was hoping there the trip is that voting is a precious duty which weighs more heavily on us would be this opportunity to have a right that we have in America, and it than the duty we have to ensure that Special Order. In a way it is a little bit really comes home when you go to right.’’ like our pilgrimage can continue and It took a while longer, but he finally Selma and go to Montgomery and expe- can come even to life here in this place convinced the Congress to pass the rience the opportunity to travel across where we do our business, because that Voting Rights Act. We stand today the roads that the gentleman traveled is actually what it was. It was a pil- with the challenge before us again. We and others traveled to gain that right grimage down into that countryside, to have to improve on our election proc- for so many people. As we all lived out Montgomery, to Birmingham and to ess. We have been meeting in bipar- the election last November, it also I Selma and then to cross that bridge, tisan ways to try to make that happen. think gives us the idea that the right and to do so with the leadership of one I am convinced that if we have faith in to vote is precious, and when people do who was there, an esteemed Member of one another and we work with one an- not have that right and perhaps are de- Congress, a leader here now. other, we can improve the election nied that right, we can experience what A few decades ago the gentleman process in our country in the year 2001, the gentleman did back 35 or 36 years from Georgia (Mr. LEWIS) was 20, 21 in the year 2002. ago to try to win it for a whole group years old, just a young boy, when he We are not there yet, I guess is what of people that did not have it. took upon himself that historic role. I I am saying today. What we saw a few I think it is a good message for all of see the gentleman with a different weekends ago, what the gentleman did us, to continue our efforts to make light now. 36 years ago was the beginning of an- sure that when people go to the polls, Mr. LEWIS of Georgia. The gentle- other effort in our history to ensure the right is carried out in an accurate woman is making me a little younger, the basic fundamental right of our de- way and a way that reflects the will of but I did have all my hair then. mocracy. He made great progress, and the people. Mrs. CAPPS. The gentleman was he is our hero because he did that. So it has been a great experience and very brave to do what he did then, and But we have a similar obligation a good lesson for all of us, that there that kind of bravery is rare. now. In a different time with different are many things that we do when we I do not go on pilgrimages every day, issues, a different set of challenges, we are elected to these jobs in terms of in- and I do not see that kind of bravery have as much of an obligation as the troducing bills and coming on the floor around me very often; but I see it here. gentleman from Georgia had 36 years and debating, but the opportunity to To have the leadership of our col- ago to see that we ensure this right for step outside of that role and to experi- league, the gentleman from New York every American today. ence what people like the gentleman (Mr. HOUGHTON), the Faith and Politics

VerDate 21-MAR-2001 02:03 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.079 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1053 Institute, the Reverend Doug Tanner people died for that. They died for that Mr. LEWIS of Georgia. Deacon and the leadership of this place, it is in our lifetime. Nesibitt was the deacon who brought remarkable. I believe now that we must, in this Martin Luther King, Jr. to the church It is an honor to serve in the House of dawning of a new century, live up to in Montgomery. Representatives. It is an honor to rep- their expectations of us and our leader- Mr. MILLER of Florida. In 1956. This resent my district, as each of us feel ship. is fascinating. This is the history. We that so keenly, to come and do our con- So, again, I was one of the fortunate have the deacon of the church who stituents’ business here, to enact legis- people to take that pilgrimage; and if went to Atlanta and talked Martin Lu- lation. But this place is so much more it ever occurs again and there is an op- ther King out of going to Savannah and than that. This place breathes and portunity, I hope that others will join coming to Montgomery and making his lives the history of brave men and with us as well. I commend the gen- mark in history too and helping lead women who have made this country tleman from Georgia (Mr. LEWIS) and that effort. That is the part of the his- great, who have made this country, the the leadership that as a young person tory that you get to be part of. United States of America, what it is the gentleman showed so mightily with A book I am reading right now, I do today. his friends and his fellow folks there not know how much time we have, so I We are so fortunate that some of that who did a brave thing, and that we can do not want to use up the time of other history is still alive with us and our have this opportunity through the speakers, is ‘‘America Afire.’’ It is a de- colleague here, the gentleman from Faith and Politics Institute and the lightful book, but it is talking about Georgia (Mr. LEWIS), the wonderful corporate sponsors that make that the founding of our country. I was just men and women we were able to meet happen for us as well. This is a big reading about how in the late part of in Alabama as we visited the Civil commitment on folks’ part, and so I the 18th century when we were voting Rights Institute, Dexter Avenue Bap- thank the gentleman for letting me and drafting the Constitution, it was tist Church, Civil Rights Memorial, take part in that. white men, Christian, basically, land- First Baptist Church, Rosa Parks’ vis- Mr. LEWIS of Georgia. Mr. Speaker, owners that were involved in it. It is ualization of her experience on that I thank my friend and colleague, the amazing that they wrote a document bus, Brown Chapel AME Church; and gentlewoman from California (Mrs. that could evolve. then, arm in arm, to walk across, after CAPPS), so much for going on the trip That is the great thing about our the church service, it is really impres- and participating as a wonderful person country. You feel proud, as horrible as sive to me how much this living his- on that trip and participating in this what the African American community tory that has given us the voting rights Special Order. went through for generations in this Mr. Speaker, I yield now to the gen- that we enjoy in this country now country, the fact is we have survived, tleman from Florida (Mr. MILLER). came out of places of worship in the and we are going to go forward. Mr. MILLER of Florida. Mr. Speaker, This was an effort that I think is so South, and in the North as well, be- let me express my thanks and apprecia- inspirational for me. I appreciate the cause that was the inspiration, that tion to the gentleman from Georgia opportunity. At the conclusion, going was the moral force that enabled this (Mr. LEWIS) for making this trip pos- to the Brown Chapel, I went to more bravery to occur and this hard-fought sible. This was indeed a very moving churches on a weekend than I normally freedom to be won. That is the inspira- experience for me personally, as it was do. I go to church, but not as many as tion that it was. for all of us who participated in that the gentleman took me to over the I was so pleased that our family unique weekend. It was a chance to, as weekend. And the march across the Ed- could include many of our family mem- people talked about, walk through his- mund Pettus Bridge was special. bers, and that my daughter Laura tory. It was an amazing walk through I am going to encourage all my col- could join me, because it is very per- history. leagues, especially on my side of the sonal; and it is religious, it is moving, I kept asking myself that weekend, aisle, I am standing on your side of the to be called upon to examine in our- the gentlewoman from California (Mrs. aisle today, but this was certainly not selves where was I during this time in CAPPS) and I often were there together, a partisan event. I congratulate the our country’s history, and where am I what was I doing back in those days? I gentleman for what he has done, lead- now. was an undergraduate at the Univer- ing in the non-violence effort. That was As our leader, the gentleman from sity of Florida in those days, just as a important, the gentleman’s phase of it. Missouri (Mr. GEPHARDT), was stating, young guy enjoying the fraternity life Hearing Bernard talk about that too, the challenges are not over; and in and not thinking about it. But you how you learned to be non-violent. many respects the pilgrimage has not would read things in the paper about When people approached you with vio- passed either. It is still going on, and what took place at the 16th Street Bap- lence and you could tolerate that, I we must reexamine. tist Church. We were there, with the just do not know what I could do under My colleague talked about inequality girls, where the bombing took place. those circumstances. in health care, a basic right that we We walked across the bridge in So I commend the gentleman, and want for all of our people around the Selma. You start thinking how did our really my admiration and respect is world, and surely in this country; and country allow this to happen, and why great for you, because now I learned the voting issue is still before us. Elec- was I not more involved in trying to more about it. I thank the gentleman tion reform is much needed now, and help end it, like the gentleman did? for giving me that opportunity. I really here we are in the House talking about The gentleman was a leader. sincerely appreciate it. I will work to this. I believe the leadership is called You talk about the young JOHN get more of my colleagues 2 years from for from us, in a bipartisan way, to ad- LEWIS. It is kind of fun seeing the pho- now to participate when we have an- dress this most fundamental right. tographs from the early days. Which other one of these. If people were killed, and it was a one is JOHN? Did he really have that Mr. LEWIS of Georgia. Mr. Speaker, bloody Sunday indeed, that was the im- much hair back in 1961, 1962, 1963? We I thank the gentleman so much for par- petus for the Voting Rights Act of the saw his photographs in the museums. ticipating as part of this trip to Ala- sixties, then surely we cannot defame The gentleman is a hero. He helped bama. that spilled blood by resting on the lead that effort. Mr. Speaker, I yield time to the gen- laurels of that day; but we must reex- I appreciate that the gentleman tlewoman from Texas (Ms. JACKSON- amine the inequalities which exist brought people with us there. Bob LEE). today, whether it is in machines or Zelner flew in for it, and Bernard La- Ms. JACKSON-LEE of Texas. Mr. whether it is practices; and we have a fayette, who is a delightful gentleman. Speaker, I thank the distinguished gen- responsibility to make sure that when He actually grew up in my area, the tleman from Georgia, and I would like we see injustice, that we put a stop to Tampa, Florida, area; and his father to say to the gentleman from Florida it, that we ensure that every single cit- was able to be there. And being with, (Mr. MILLER), who made a symbolic izen of this great land has every access and I cannot remember the old elderly gesture, which we appreciate, because to vote, to express that most funda- gentleman from the Dexter Avenue the gentleman is right, this is not par- mental right of democracy. After all, Baptist Church. tisan, this is really a coming together,

VerDate 21-MAR-2001 02:11 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.081 pfrm01 PsN: H21PT1 H1054 CONGRESSIONAL RECORD — HOUSE March 21, 2001 and I want to thank the gentleman for that in this very House. We can really talked about where we were during his remarks and for his remarks about come together around issues that help those tumultuous times. Some felt the experience. those who cannot speak for themselves. guilty, but everyone felt gratitude. But I am a repeater, three-timer, and I I hope that this recounting of the I would dare to say that all of us felt appreciate very much the idea and the Selma story, where Members on dif- galvanized to redouble our efforts for vision that came from Faith and Poli- ferent sides of the aisle and different equality and justice and realize just tics, but from the gentleman from backgrounds, actually sat down and how blessed we are to be Members of Georgia (Mr. LEWIS) and the gentleman spoke to each other but, more impor- Congress, for we actually have a second from New York (Mr. HOUGHTON), to be tantly, I say to the gentleman, we time and a third time to make a dif- able to cause us Members of Congress heard each other, with testimonies and ference in the lives of people in this who legislate to stop for a moment to song, and to be able to touch and feel millennium. reinvigorate ourselves and really take Bernard Lafayette, our eloquent speak- This pilgrimage was very personal for to hand the reality of what we do every er, to be able to be in the churches me, whether visiting the 16th Street day, and that is that we work with where Martin spoke, to eat some of the Baptist Church where four young and laws on behalf of the people of the good cooking that was there during beautiful African-American children United States, because they have the that time, to be hosted by the gen- died as a result of a ruthless bombing privilege of voting for us, and we have tleman from Alabama (Mr. HILLIARD) or touring the National Voting Rights the privilege of being elected and the and the gentleman from Alabama (Mr. Museum in Selma or marching across privilege of serving. BACHUS); to be able to sing the songs, I the Edmund Pettus Bridge in Selma. I b 1500 have never felt a deeper feeling by was reminded of my childhood in Texas where I was forced to drink out of the So this particular pilgrimage to singing those songs. There is a certain colored-only water fountain or not al- Selma is so very special and, in par- way to sing them, and certainly we had lowed to go to movie houses or my dad, ticular, this year, because more than them sung the right way. dressed in his military uniform, with any other time in 2000, I think some of So I would simply close by saying to his family, being told that he could not us felt that we were literally brought the gentleman that I have been a be served at restaurants. Yes, all of to our knees at a time that for many of threepeater and I expect to go again, these painful repressed memories sur- our constituents was very troubling but I expect, hopefully, to, more impor- during the November election. There tantly, as I see many of the youngsters faced, experiences which I seldom talk were a multitude of responses: anguish, who are here for their spring break, about. But for me, I say to the gen- anger, disappointment, despair. I do soaking up democracy and soaking up tleman, this visit provided really some not know if we could have found our our process, I hope they have an oppor- breakthroughs personally; and I thank way if we had not had the gentleman tunity to know that we do other him for that. Now, as we toured Rosa Parks Mu- from Georgia (Mr. LEWIS) to remind us things, commemorate and commend seum and Library and during our visit in his eloquence, even during that time that march on Selma, that bloody Sun- to the Dexter Avenue King Memorial frame, to be grounded, to be strength- day that generated the Voter Rights ened by those who were strong enough Act of 1965. As we move toward elec- Baptist Church where Dr. King served in 1965 to persist for the right to vote. toral reform, let no one be ashamed of as pastor, and during our moments at Mr. Speaker, I know the story has what happened as much as what does the First Baptist Church and while been told many times, and I know not happen, if we do not fix the system worshipping at Brown Chapel AME there are others here, so I just want to and make it right in tribute to the gen- Church, I reflected on the unfinished quickly say, we all know that the gen- tleman from Georgia (Mr. LEWIS), our business of Dr. Martin Luther King and tleman tried on more than one occa- hero, along with so many others, that the gentleman from Georgia (Mr. sion to gather himself and others to we reinforce the right to vote and the LEWIS) and all of those who shed their walk across the bridge and that it was value of democracy in this Nation. blood for the right to vote. Of course, I not a time of lack of fear; and that Mr. LEWIS of Georgia. Mr. Speaker, was reminded of thousands of African when he walked, it was not that, oh, we I thank the gentlewoman from Texas Americans and others who were know we are going to make it, he and (Ms. JACKSON-LEE). I thank her so disenfranchised in the recent elections. Hosea Williams and the other throngs much for participating, and not only During our visit to Alabama, several of individuals. It was not a frivolous on the march, the journey of reconcili- people told me, now I understand why walk. ation, the dialogue, but for partici- you and other Members of the Congres- The gentleman from Georgia worked pating in this Special Order today. I sional Black Caucus protested the rati- for a long time to develop a sense of thank the gentlewoman for her leader- fication of the Electoral College vote nonviolence, but as well the commit- ship. and walked off the floor of Congress. ment to nonviolence. I think people Now, Mr. Speaker, I would like to Our pilgrimage to Alabama certainly need to understand that, that it was yield time to the gentlewoman from provided additional inspiration to work not a walk of lightness and that the the State of California (Ms. LEE). on electoral reform so that never again gentleman from Georgia (Mr. LEWIS) Ms. LEE. Mr. Speaker, I want to will the lives and legacy of those had to study and to adopt and to com- thank the distinguished and coura- known and unknown be denigrated by mit to himself that he would be non- geous gentleman from Georgia for denying the people the right to vote. violent, and he walked across that yielding and for organizing this Special Mr. Speaker, let me emphasize the bridge, the Edmund Pettus Bridge that Order, and for also leading one of the importance of educating young people will remain deep in our hearts, and it most memorable journeys of my life- about the civil rights movement. Many was a day of violence. It took courage time. young people of color, many African to go, it took courage to stand, it took Let me take a moment to convey my Americans really do believe that inte- courage to pray, and as well, it took deepest gratitude to the gentleman gration always was, that the right to courage to be able to come back again. from Georgia (Mr. LEWIS) for his sac- vote always was. The history of the Mr. Speaker, I say to the gentleman rifices, his leadership, and for his toler- civil and human rights movement has from Georgia, in the time that he has ance, which he has demonstrated all but been ignored in American his- taken us there, along with the gen- throughout his life as he fought and as tory books. Many young people believe tleman from New York (Mr. HOUGH- he continues to fight for freedom and that the ability to sit anywhere on the TON), we have not just walked across a for justice. I also want to thank the bus or to eat at a lunch counter just al- bridge, we have discovered each other people of Alabama for their heroic and ways was. Many young people believe and we have discovered a fulfillment of their noble struggles, for I know for a that riding in any car on a train in- the fundamental right to vote under fact that because of their blood, sweat, stead of the colored-only car just al- our Constitution and what it truly and tears, I am here today serving as a ways was. means to overcome. Member of Congress. Well, Mr. Speaker, the Faith and Pol- I think with that, I would almost Now, during our visit to Bir- itics mission to Alabama reminded us challenge each of us that we can do mingham, Montgomery, and Selma, we of times passed and that we owe a debt

VerDate 21-MAR-2001 02:11 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.082 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1055 of gratitude to the gentleman from leagues who have not been, I would say of history, I have questioned myself on Georgia (Mr. LEWIS), Dr. Martin Luther to them, they need to go to understand. many days: could I have stood knowing King, Rosa Parks, and all of those he- My colleagues really need to go to un- the abuse that I was about to take. I do roes who made it possible for people derstand. We can read the history not know the answer to that. like me to pick up the baton and fight books, we can even see the videos, but b 1515 to end institutional racism, unequal until you walk through history and education, universal health care, to you walk through the museums and the Mr. LEWIS of Georgia. Mr. Speaker, fight for that; to fight for affordable parks and you see how children were I yield to the gentleman from Lou- housing, for a clean environment, a liv- abused, children who were innocent, isiana (Mr. JEFFERSON), my colleague and my friend. able wage, and to fight for people who denied the opportunity for an edu- Mr. JEFFERSON. Mr. Speaker, I have been left out of this economic cation, how children were attacked by want to begin by just acknowledging prosperity. dogs and water hoses and all of those the gentleman from Georgia (Mr. In closing, let me just encourage other things that today we shudder to LEWIS) and the gentleman’s place in each and every Member of Congress to even think happen, but they were com- history. Sometimes we are here work- participate in this magnificent pil- monplace. ing with you every day, and we do not grimage. It is really a privilege and an As we walk through history, we ap- appreciate how much you mean to all honor to be able to meet with men and preciate the right to vote, and for of us and to our country. women and break bread with them, those who have always had it, they do Mr. Speaker, I suppose today that those men and women who were on the not understand how important and pre- there are a couple of people in this front lines, taking bold risks to make cious it really is. How precious is country who are living now who played America a better place. It was because human decency and basic common a more significant role perhaps than of them that democracy was actually sense and housing, as we have talked the gentleman did in the civil rights forced to confront and address its con- about. Let me thank the gentleman movement, but only maybe one or two, tradictions. again and Faith and Politics for mak- maybe not that many. Mr. Speaker, I thank the gentleman ing it available. I planned to go, as the It is just that small a group that from Georgia. I want to thank all of gentleman well knows, a couple of made this huge difference for all of us, those with the Faith and Politics Insti- times, and other things happened. I am and it is important to acknowledge tute for really putting this together. I glad I went, I am glad this became a bi- that and to thank the gentleman and hope that everyone in this body and all partisan venture. to tell all the Members who serve with of our young people can benefit from I have been to Birmingham before. I us every day that we serve with a very the great work that the gentleman is have been to Montgomery on business. special Member, with a very special doing, because we certainly have bene- But if someone has not been on this man who, not only in this country but fited from the struggles which took trip, a walk through history, one really around the world, who is known for place during that time. does not understand how important it what he has done to make human Mr. LEWIS of Georgia. Congress- is for America. I guess I was heartened, rights real for people and to inspire woman BARBARA LEE, I want to thank I would say to my friend, by the others around the world to fight for you for going on the trip and for par- strength of human will. No one can human rights. ticipating in this Special Order. know unless they go or no one can I thank the gentleman for being our Mr. Speaker, I now yield time to the truly understand the total commit- colleague and our friend and for per- gentleman from North Carolina (Mr. ment of a whole community from the mitting us to be with the gentleman on ETHERIDGE), our colleague and friend. smallest child to the oldest person, this pilgrimage. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE until you get to Montgomery, and you Let me say, when the gentleman was The SPEAKER pro tempore (Mr. understand they were willing to walk starting out, I was a little younger KERNS). The chair will remind all Mem- for you. You do not understand until than the gentleman. I was probably bers to address one another by State you walk through the park in Bir- about 11 years old back then, living in delegation rather than by first names. mingham and you see what children a place called Lake Providence, Lou- Mr. ETHERIDGE. Mr. Speaker, I went through and adults and how peo- isiana, in the northeastern part of the thank the gentleman for yielding. I ple were willing to give up their lives. State in the Mississippi Delta, though. thank the gentleman from Georgia, or Yes, we have challenges today. We I know that the gentleman knows how really, from Alabama. It was great to need to stand on the shoulders of peo- tough it was back then. be in his native home State and for the ple like the gentleman from Georgia The things the gentleman recounts in opportunity for me and my son, who is (Mr. LEWIS), Martin Luther King, and his book, Walking With the Wind, are a school teacher, to go and visit. Let others who have laid a foundation, but things that I went through as a young me tell the gentleman what came as the challenges are still here for those boy as well. the result of it. of us in this body. Not just access to I remember when my mother and My son taught third grade and is now education, but equal opportunity to others in our family were trying hard working with children who really have education for every child, the chance to get the right to vote and to pass a deficiencies in reading and math, who for a child to get a college education literacy test. When my mother finally are trying to get to grade level. As the when they have the ability, but not the got this done in 1926, she was only one gentleman knows, he took a lot of money; health care opportunities for of five people in our parish to have the video footage while he was there of the our seniors and others, and yes, the right to vote. I remember her trying to gentleman and Bernard Lafayette and right to vote and the obligation and teach other people in our little living Fred Shuttlesworth and others and right to have that vote counted. In room there how to recite the preamble DICK GEPHARDT, our leader. But what America in the 21st century, there is to the Constitution, how to recite the he has done now that he has gotten no excuse to repeat the problems of Presidents in order from 1 to 20 or so, back, he has taken that footage and is history in the past. and how to compute their ages, the tying it to North Carolina during that Mr. Speaker, we have a long, unfin- year, the month and the day. very same period, using it for staff de- ished agenda, but to my friend from They struggled with these things, as velopment for teachers as well as Georgia, let me thank him for making would have the whites in that area young people. this available for our colleagues, and I back then, but they did not have to Mr. Speaker, let me thank the gen- would encourage others of my col- take it. They had just as little school- tleman from Georgia for letting me leagues to go. Not only will they ben- ing as the black folks had, but did not walk through history with heroes of efit, but their constituents will benefit have to take the test. history, for helping stimulate and re- immensely and America will be a bet- I remember when in 1966 the Federal vive my thinking about Brown Chapel, ter place for it. registrars came to town after the pas- the Pettus Bridge, for the things that Again, I thank the gentleman again sage of the Voting Rights Act. happened that really changed this Na- for his courage of nonviolence. After In 1966, there was a line formed tion for the better. To all of my col- having walked through the footprints around the little courthouse a lot like

VerDate 21-MAR-2001 02:11 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.084 pfrm01 PsN: H21PT1 H1056 CONGRESSIONAL RECORD — HOUSE March 21, 2001 you might have seen in the pictures in tleman from Massachusetts (Mr. perience, to be there with the gen- South Africa, a long line of folks in our MCGOVERN) is recognized for 5 minutes. tleman from Georgia (Mr. LEWIS) and little town. And the stories told by my Mr. MCGOVERN. Mr. Speaker, I yield Reverend Fred Shuttlesworth, and Ber- mother who was up there watching this to the gentleman from Louisiana (Mr. nard Lafayette and Bob Zelner and line and had a fellow named Vaughn, JEFFERSON). Betty Fikes, all giants in the move- Henry Vaughn, I remember his name, Mr. JEFFERSON. Mr. Speaker, I will ment, was a real privilege. who came to that line and said to my speak very briefly now to try and end Let me add that I have never heard a mother and her friends and to Rev- this, but there is so much to say. voice sing more beautifully than Betty erend Scott, who was then our local Mr. Speaker, I want to say to the Fikes. civil rights leader, Reverend Scott, gentleman from Georgia (Mr. LEWIS) at We have had the opportunity to walk why are all your folks lined up like the very end, we came back here from through history and to retrace the this? There is not a one of them who is the gentleman’s trip to hear remarks steps of Martin Luther King, of Rosa fit to hold an office. Who you all going that Senator BYRD had made and indis- Parks, of the gentleman from Georgia to put in? Reverend Scott said, I do not creet remarks that he had made on a (Mr. LEWIS) and Fred Shuttlesworth, know who we are going to put in, but television program, and all of us were but we also had the opportunity to re- there are some folks we want to take in an uproar about it, but I saw it in a flect on our current challenges in this out. different paradigm, because of my trip country. There is a power in the vote that with the gentleman, honest to good- I think we all agree that we still went to those folks that never had it ness. have a long way to go before we before. Mr. Vaughn approached them I thought about what the gentleman achieve the dream that Martin Luther because they would have the power to said when the gentleman talked about King spoke so passionately about. As vote. It is a power that none of us nonviolence being more than a tactic Members of Congress, I think we need ought to take for granted, that none of but a way of life, and the fact that the to realize that we need to act. We need us ought to diminish in the way we part of the movement was not just to to do more to fight racism and bigotry treat it, that all of us ought to em- win the struggle but to redeem those and prejudice in this country. We need brace at this point in our lives and re- who were on the other side of it, those to ensure voting rights in this country, member those shoulders on which we who were the enemies of the right to stood back in those days. and we need to do that through more There were lessons to be learned as vote, the enemies of freedom. than just rhetoric. I felt that I should approach that in we went through this pilgrimage with We need to pass legislation for real the gentleman. We were reminded of a different spirit, and it was all because election reform here in this country. all the times that I went through in my of the gentleman’s teaching in that We need to fight to make sure that life with my mother and her friends short time that we had there about the every child has the opportunity for a and my family and all those families love and the community, about the first-rate education. We need to make like her. Because, as the gentleman value of nonviolence and about how we sure that everybody in this country points out in his book, it was not just ought to internalize how we dealt with gets health care. We need to make sure the big people at the top. It was the other people. I called to talk to him that there is funding existing in the foot soldiers of the movement that about what he had said in a way very Department of Justice to enforce our made the movement, people like my different from the way I would have civil rights laws. mother and others and the ladies we had I not gone with the gentleman. We have a long way to go, and I want met and the gentleman we met down There is some strength, tremendous to thank my colleague from Georgia there with the gentleman in Alabama. strength, in the nonviolence movement for giving my wife, Lisa, and I the It was those folks who made the dif- that comes, as the gentleman said, great privilege to not only travel with ference. from the inside out. the gentleman but to learn and to be There is a book, I say to the gen- Mr. Speaker, I thank the gentleman inspired. So I thank the gentleman. tleman from Georgia (Mr. LEWIS), that for teaching me that, and I thank the Mr. Speaker, I yield to the gentleman says But For Birmingham, and if the gentleman for serving with me as a col- from Georgia (Mr. LEWIS). gentleman had not taken the ride in league. I thank the gentleman for al- Mr. LEWIS of Georgia. Mr. Speaker, 1961 and come through Birmingham lowing me to come on the trip. It is a let me just thank the gentleman from and had it happen there, if the gen- life-changing experience, and I thank Massachusetts (Mr. MCGOVERN), my tleman had not started that movement the gentleman for it. friend, my colleague, my brother, and back then with others, the gentleman’s Mr. MCGOVERN. Mr. Speaker, I yield thank the gentleman and his wife for colleagues, young people, it shows to the gentleman from Georgia (Mr. making the trip. It is my hope and my what young people can do with their LEWIS). prayer that we will continue, all of us, lives if they commit themselves. Mr. LEWIS of Georgia. Mr. Speaker, to work together to make real the very The SPEAKER pro tempore (Mr. I want to thank the gentleman from essence of our democracy, the idea of KERNS). The time of the gentleman Louisiana (Mr. JEFFERSON), my friend one person, one vote, not only that from Georgia (Mr. LEWIS) has expired. and my colleague, for those kind and people must have a right to vote but Mr. MCGOVERN. Mr. Speaker, I ask extraordinary words. I think we all can also have their vote counted. unanimous consent to yield to the gen- come together and help build up a lov- f tleman from Georgia (Mr. LEWIS) an ing community and really help build additional 10 minutes. the truly interracial democracy in THIRTY-SIX YEAR ANNIVERSARY The SPEAKER pro tempore. Any ad- America. OF MARCH ACROSS EDMUND ditional Members may seek an addi- We are really one family. We are one PETTUS BRIDGE tional 5-minute Special Order by unan- house, the American house, the Amer- Ms. CARSON of Indiana. Mr. Speak- imous consent. ican family or the world house or the er, I ask unanimous consent to address Mr. MCGOVERN. Mr. Speaker, I ask unanimous consent to address the world family. the House for 5 minutes. House for 5 minutes. Mr. MCGOVERN. Mr. Speaker, I want The SPEAKER pro tempore. Without The SPEAKER pro tempore. Without to just say a few words here. objection, the gentlewoman from Indi- objection, the gentleman from Massa- Mr. Speaker, first, I want to say that ana (Ms. CARSON) is recognized for 5 chusetts is recognized for 5 minutes. I am grateful to the gentleman from minutes. There was no objection. Georgia (Mr. LEWIS), my colleague, and There was no objection. to the Faith and Politics Institute for Ms. CARSON of Indiana. Mr. Speak- f giving me and my wife, Lisa, the oppor- er, I am very humbled by this oppor- THIRTY-SIX YEAR ANNIVERSARY tunity to not only learn more about tunity to join with my colleagues who OF MARCH ACROSS EDMUND the great struggle for civil rights in had the invaluable experience of jour- PETTUS BRIDGE this country but to be inspired to do neying to Montgomery in terms of a re- The SPEAKER pro tempore. Under a more right now to make this country enactment of the Montgomery boycott previous order of the House, the gen- an even better country, to have this ex- that was led by the gentleman from

VerDate 21-MAR-2001 02:11 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.086 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1057 Georgia (Mr. LEWIS), my distinguished brought the name of Dr. Martin Luther the march, and to Selma to see where colleague, who was born in what used King to the ears and eyes of America. the gentleman from Georgia (Mr. to be the sovereign State of Alabama, While Rosa Parks just sat there, the LEWIS) crossed over the bridge and and certainly the gentleman from New whole world stood up. where he was physically beaten for his York (Mr. HOUGHTON). The gentleman Let me end, Mr. Speaker, by remind- courage. from New York (Mr. HOUGHTON) did not ing us that, in order to have harmony What stands out to me and what I have to be there because of his situa- in this world, there has to be harmony want to use my brief time, Mr. Speak- tion, but he was. between the black and the white. That er, on this Special Order that the gen- I want to give praise and com- is why the creators of the piano made tleman from Georgia (Mr. LEWIS) is pliments to all of the Members who both black and white keys, one tune participating in, and I thank him for took time away from their districts to cannot be harmonious without the allowing us to have this time to ex- go to revisiting that situation. I re- other. press our appreciation for that very, membered it very well. Even though I As we move forward and we have re- very special visit, which, as the gen- was not personally present, I was pray- sistance in this country and in this tleman from Louisiana (Mr. JEFFER- erfully present and watched in horror world now toward equal opportunity, SON) said, has made a difference in all how the gentleman from Georgia (Mr. toward affirmative action, toward of our lives, is I want to talk for a mo- LEWIS) was attacked by dogs while he Americans with disabilities, toward ment about the Reverend Martin Lu- sought justice and equality for the peo- women who seek medical assistance de- ther King. ple and their particular movement. spite their economic circumstances, Reverend King is revered in our coun- Those before me have given the gen- lest we forget that this is supposed to try as a great leader. Indeed, he has tleman from Georgia (Mr. LEWIS) and be one Nation under God, with liberty joined the ranks of American Presi- the gentleman from New York (Mr. and justice for all people, not just in dents in having a day named for him HOUGHTON) much praise, for which it the preamble, not just in some written where people honor his contribution to was deserved. script, but in the spirit of liberty for our country. But I wish that more peo- Let me use another example I often everybody. ple would honor him more fully and tell students when I talk to them. Just I want to close, Mr. Speaker, by have a greater appreciation for his con- last week I had the privilege of speak- again giving my heart-felt gratitude to tribution. Certainly he was a great ing to 11,000 black engineering students the gentleman from Georgia (Mr. civil rights leader; but he was also a who had convened in Indianapolis for disciple, an apostle of nonviolence, LEWIS), who is from what used to be their national conference. They could faith-based nonviolence that was cen- the sovereign State of Alabama, I am have easily been on a beach or having tral to his success, to his strength, and from what used to be the sovereign a party, but they were there trying to to the contribution that he made to State of Indiana, for all of the sac- further their knowledge in the field of our country. the math and engineering, and I loved rifices that he made and those who So, in closing my remarks, I want to them very much for devoting that time were with him and those who followed say that I hope that one of the resolves to their upward mobility. after him that paved the way for many that comes out of our visit and out of There is a situation that I often de- of us. this Special Order and out of our work scribed to children and young people, f in Congress is a fuller appreciation because I do not want them to not THIRTY-SIX YEAR ANNIVERSARY throughout our country in our schools know about it, and that was during the OF MARCH ACROSS EDMUND for the work of Reverend Martin Lu- early years of the movement, they PETTUS BRIDGE ther King. I hope on another occasion were what they call chain gangs. They to say more on that subject. would assemble men, strong men, in The SPEAKER pro tempore. Under a Mr. Speaker, I am pleased with great chains and make them work on public previous order of the House, the gentle- humility and gratitude to yield to the projects. woman from California (Ms. PELOSI) is gentleman from Georgia (Mr. LEWIS). There was a chain gang that busted recognized for 5 minutes. Mr. LEWIS of Georgia. Mr. Speaker, out the mountains in Chattanooga, Ms. PELOSI. Mr. Speaker, this after- I want to thank the gentlewoman from Tennessee, in the Lookout Mountains noon an unusual quality is the order of California (Ms. PELOSI), my friend and in Chattanooga, Tennessee, to enable the day, an unusual quality for this my colleague, for yielding and for the engineers of that time to build a House, and that is of humility. going on this trip. I want to also take highway through the Lookout Moun- It is with great humility that any of the time to thank all of the staff of tains in Chattanooga, Tennessee. us talk about this trip to Selma, Ala- Faith and Politics, staff from the Cap- They had to bust out the mountains. bama, to Montgomery and to Bir- itol, the Capitol Police, and others that They used chisels. They sang songs. mingham in the presence of the gen- assisted us in making this trip a very They were on a chain gang. They were tleman from Georgia (Mr. LEWIS), our successful trip. enslaved, but they did their jobs so colleague. With humility and gratitude We have come a distance in the past that a highway could be planned and to the gentleman from Georgia (Mr. 36 years toward laying down the word laid by engineers. LEWIS) and to the gentleman from New on race, toward creating a truly inter- As we travel through this life, wheth- York (Mr. HOUGHTON) and to the Faith racial democracy. We are on our way er we are in Congress or whether we and Politics Institute, I am grateful to toward the building of the beloved are in various professions, we can never the gentleman from Georgia (Mr. community. We are not there yet; but forget those who paved the way for us, LEWIS) for the opportunity to bring my during the past 36 years, we traveled who shared the sweat and the tears and daughter Christine, for the two of us to such a distance. had the commitment for the future be able to go with you to walk through Those signs that I saw in Selma that generations to have an opportunity to history. said ‘‘white men,’’ ‘‘colored men,’’ move on. ‘‘white women,’’ ‘‘colored women,’’ b 1530 Mr. Speaker, I want to praise again they are gone. They will not return. the gentleman from Georgia (Mr. It is a tradition in our country that Today, in Selma, Alabama, in Mont- LEWIS), my colleague. And as my col- families take their children to visit gomery, in Birmingham, you have bira- leagues know, I was the one that Boston and Philadelphia, to see places cial government, black people, white bought the idea of a Congressional of significance, Washington DC., in our people working together to create a Gold Medal to the United States House country’s history. We must add to that sense of community, to create a sense of Representatives on behalf of the list of must visits Alabama, Bir- of family. mothers of civil rights movement for mingham, to see what happened and If there is anything we learned from Ms. Rosa Parks, and I did that as an in- how it is memorialized at the museum this trip, even here in the House, the spiration to those who would not forget and in the monuments there, with the people’s House, the House of Represent- the people that paved the way for us. dogs and the hoses and the rest, to see atives, we can create a sense of family, While she sat there, the whole world we are capable of man’s inhumanity to one family, one House, the American stood up and brought people together, man, to Montgomery to see the sites of House, the American family.

VerDate 21-MAR-2001 02:11 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.089 pfrm01 PsN: H21PT1 H1058 CONGRESSIONAL RECORD — HOUSE March 21, 2001 LEAVE OF ABSENCE (The following Members (at the re- (The following Members (at their own By unanimous consent, leave of ab- quest of Mrs. MINK of Hawaii) to revise request) to revise and extend their re- sence was granted to: and extend their remarks and include marks and include extraneous mate- Mr. MICA (at the request of Mr. extraneous material:) rial:) ARMEY) for today on account of trav- Mr. LANGEVIN, for 5 minutes, today. Mr. HAYWORTH, for 5 minutes, today. eling with the President. Mrs. CAPPS, for 5 minutes, today. Ms. WOOLSEY, for 5 minutes, today. Mr. WELDON of Florida (at the re- Ms. NORTON, for 5 minutes, today. Mr. MCGOVERN, for 5 minutes, today. quest of Mr. ARMEY) for today on ac- Ms. CARSON of Indiana, for 5 minutes, Ms. CARSON of Indiana, for 5 minutes, count of traveling with the President. today. today. Mr. KELLER (at the request of Mr. Mr. GREEN of Texas, for 5 minutes, Ms. PELOSI, for 5 minutes, today. ARMEY) for today on account of trav- today. eling with the President. (The following Members (at the re- f Mr. BECERRA (at the request of Mr. quest of Mr. FOLEY) to revise and ex- GEPHARDT) for today on account of per- ADJOURNMENT sonal business. tend their remarks and include extra- neous material:) Ms. PELOSI. Mr. Speaker, I move f Mr. HEFLEY, for 5 minutes, today. that the House do now adjourn. SPECIAL ORDERS GRANTED Mr. DUNCAN, for 5 minutes, today. The motion was agreed to; accord- By unanimous consent, permission to Mr. JONES of North Carolina, for 5 ingly (at 3 o’clock and 34 minutes address the House, following the legis- minutes, March 22. p.m.), the House adjourned until to- lative program and any special orders Mr. PETERSON of Pennsylvania, for 5 morrow, Thursday, March 22, 2001, at 10 heretofore entered, was granted hto: minutes, today and March 22. 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. cur- rency or U.S. cur- rency or U.S. cur- rency or U.S. cur- rency 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. h XENIA HORCZAKIWSKYJ, March 7, 2001. EXECUTIVE COMMUNICATIONS, medicine; to the Committee on Energy and Workforce Planning for Foreign Service Per- ETC. Commerce. sonnel; to the Committee on International 1290. A letter from the Deputy Associate Relations. Under clause 8 of rule XII, executive Administrator, Environmental Protection 1294. A letter from the Comptroller Gen- communications were taken from the Agency, transmitting the Agency’s final eral, General Accounting Office, transmit- Speaker’s table and referred as follows: rule—Determination of Nonattainment as of ting a report on the failure of the Depart- 1285. A letter from the Acting Assistant November 15, 1996, and Reclassification of ment of Defense to provide access to certain Secretary, Department of Defense, transmit- the St. Louis Ozone Nonattainment Area; records to the General Accounting Office, ting a report on the Angel Gate Academy States of Missouri and Illinois [MO 061–0161a; pursuant to 31 U.S.C. 716(b)(1); to the Com- Program; to the Committee on Armed Serv- IL 187–2; FRL–6955–4] received March 14, 2001, mittee on Government Reform. ices. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1295. A letter from the Chairman, Federal 1286. A letter from the Deputy Under Sec- mittee on Energy and Commerce. Maritime Commission, transmitting the An- retary of Defense, Office of the Director of 1291. A letter from the Deputy Associate nual Program Performance Report for FY Defense Research and Engineering, Depart- Administrator, Environmental Protection 2000; to the Committee on Government Re- ment of Defense, transmitting the Annual Agency, transmitting the Agency’s final form. Report of the Strategic Environmental rule—Clean Air Act Full Approval of Oper- 1296. A letter from the Comptroller Gen- Reserch and Development Program for Fis- ating Permit Program; Tennessee and Mem- eral, General Accounting Office, transmit- cal Year 2000; to the Committee on Armed phis-Shelby County [TN-T5–2001–01a; FRL– ting a report entitled, ‘‘Framework for Con- Services. 6956–6] received March 16, 2001, pursuant to 5 sidering Budgetary Implications of Selected 1287. A letter from the Secretary, Depart- U.S.C. 801(a)(1)(A); to the Committee on En- GAO Work’’; to the Committee on Govern- ment of Defense, transmitting a letter in re- ergy and Commerce. ment Reform. sponse to the annual report on cost savings 1292. A letter from the Deputy Associate 1297. A letter from the Managing Director, resulting from workforce reductions which is Administrator, Environmental Protection National Transportation Safety Board, due no later than February 1 of each fiscal Agency, transmitting the Agency’s final transmitting the Board’s Inventory of Com- year, will be submitted within 90 days; to the rule—Approval and Promulgation of Imple- mercial Activities as required under the Fed- Committee on Armed Services. mentation Plans; Texas; Electric Generating eral Activities Reform Act of 1998; to the 1288. A letter from the Principal Deputy Facilities; and Major Stationary Sources of Committee on Government Reform. Under Secretary, Department of Defense, Nitrogen Oxides for the Dallas/Fort Worth 1298. A letter from the Chairman, Board of transmitting the Defense Science Board Let- Ozone Nonattainment Area [TX–126–2–7486; Directors, Tennessee Valley Authority, ter Report on the Department of Defense FRL–6952–9] received March 12, 2001, pursu- transmitting the report in compliance with Science and Technology Program; to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Government in the Sunshine Act for Cal- Committee on Armed Services. on Energy and Commerce. endar Year 2000, pursuant to 5 U.S.C. 552b(j); 1289. A letter from the Secretary, Depart- 1293. A letter from the Acting Assistant to the Committee on Government Reform. ment of Health and Human Services, trans- Secretary for Legislative Affairs, Depart- 1299. A letter from the Deputy Assistant mitting the 2001 Report To Congress On Tele- ment of State, transmitting a report on Secretary, Budget and Finance, Department

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MR7.091 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1059 of the Interior, transmitting the annual re- H.R. 1140. A bill to modernize the financing H.R. 1149. A bill to amend the Domestic port entitled, ‘‘Outer Continental Shelf of the railroad retirement system and to pro- Volunteer Service Act of 1973 to create as a Lease Sales: Evaluation of Bidding Results’’ vide enhanced benefits to employees and component of the Volunteers in Service to for fiscal year 2000, pursuant to 43 U.S.C. beneficiaries; to the Committee on Transpor- America program a technology corps that 1337(a)(9); to the Committee on Resources. tation and Infrastructure, and in addition to uses VISTA volunteers and other persons 1300. A letter from the Secretary, Depart- the Committee on Ways and Means, for a pe- with expertise regarding information tech- ment of the Interior, transmitting the 2000 riod to be subsequently determined by the nology to facilitate the use of information Annual Report for the Office of Surface Min- Speaker, in each case for consideration of technology in schools, libraries, and commu- ing (OSM), pursuant to 30 U.S.C. 1211(f), such provisions as fall within the jurisdic- nity centers, and for other purposes; to the 1267(g), and 1295; to the Committee on Re- tion of the committee concerned. Committee on Education and the Workforce, sources. By Mr. COLLINS (for himself, Mr. and in addition to the Committee on Ways 1301. A letter from the The United States LEWIS of Georgia, and Mr. TANNER): and Means, for a period to be subsequently Trade Representative, Executive Office of H.R. 1141. A bill to provide duty-free treat- determined by the Speaker, in each case for the President, transmitting a report on the ment for certain steam or other vapor gener- consideration of such provisions as fall with- pending accession to the World Trade Orga- ating boilers used in nuclear facilities; to the in the jurisdiction of the committee con- nization of the Republic of Moldova; to the Committee on Ways and Means. cerned. Committee on Ways and Means. By Mr. CONYERS (for himself, Mrs. By Mr. HUTCHINSON (for himself, Mr. 1302. A letter from the Chief, Regulations CHRISTENSEN, Mr. BONIOR, and Mrs. BRADY of Texas, Mr. MORAN of Kan- Unit, Internal Revenue Service, transmitting JONES of Ohio): sas, Mr. HULSHOF, and Mr. PETRI): the Service’s final rule—Form 7004- Research H.R. 1142. A bill to amend title XIX of the H.R. 1150. A bill to amend the Federal Elec- Credit Suspension Period [Notice 2001–29] re- Social Security Act to permit uninsured in- tion Campaign Act of 1971 to reform the fi- ceived March 13, 2001, pursuant to 5 U.S.C. dividuals to obtain coverage under the Med- nancing of campaigns for elections for Fed- 801(a)(1)(A); to the Committee on Ways and icaid Program, to assure coverage of pre- eral office, and for other purposes; to the Means. scription drugs, alcohol and drug abuse Committee on House Administration, and in 1303. A letter from the Chief, Regulations treatment services, mental health services, addition to the Committees on Education Unit, Internal Revenue Service, transmitting long-term care services, and other services, and the Workforce, and the Judiciary, for a the Service’s final rule—Determination of and for other purposes; to the Committee on period to be subsequently determined by the Energy and Commerce. Issue Price in the Case of Certain Debt In- Speaker, in each case for consideration of By Mr. DIAZ-BALART (for himself, struments Issued for Property [Rev. Rul. such provisions as fall within the jurisdic- Mr. WAXMAN, Ms. ROS-LEHTINEN, Mr. 2001–17] received March 16, 2001, pursuant to tion of the committee concerned. FOLEY, Mr. GILMAN, Mr. GREEN of 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. LANGEVIN (for himself, Mrs. Texas, Mr. GUTIERREZ, Mr. KING, Mr. Ways and Means. MALONEY of New York, Mr. BROWN of 1304. A letter from the Chief, Regulations LEVIN, Mr. MENENDEZ, Mrs. MORELLA, Ohio, Mr. STARK, Mr. MCGOVERN, Mr. Unit, Internal Revenue Service, transmitting Mr. RODRIGUEZ, and Ms. ROYBAL-AL- FRANK, Mr. KENNEDY of Rhode Island, the Service’s final rule—Gross Income De- LARD): and Mr. LANTOS): H.R. 1143. A bill to amend titles XIX and fined [Rev Rul. 2001–13] received March 16, H.R. 1151. A bill to direct the Federal Elec- XXI of the Social Security Act to permit 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the tion Commission to issue voluntary stand- States the option of coverage of legal immi- Committee on Ways and Means. ards to promote the accessibility and effec- grants under the Medicaid Program and the 1305. A letter from the Deputy Associate tive use of voting systems, voting equip- State children’s health insurance program Administrator, Environmental Protection ment, and polling places, to make grants to (SCHIP); to the Committee on Energy and Agency, transmitting the Agency’s final assist States in complying with such stand- Commerce, and in addition to the Committee rule—Availability of ‘‘Award of Grants and ards and carrying out other activities to pro- on the Judiciary, for a period to be subse- Cooperative Agreements for the Special mote accessibility in voting, and for other quently determined by the Speaker, in each Projects and Programs Authorized by the purposes; to the Committee on House Admin- case for consideration of such provisions as Agency’s FY 2001 Appropriations Act and the istration. fall within the jurisdiction of the committee By Mr. LANTOS (for himself, Mrs. FY 2001 Consolidated Appropriations Act’’ concerned. MORELLA, Mr. WAXMAN, Mr. GILMAN, [FRL–6951–5] received March 6, 2001, pursuant By Mr. ENGEL: Mr. SHAYS, Mr. HORN, Mr. KUCINICH, to 5 U.S.C. 801(a)(1)(A); jointly to the Com- H.R. 1144. A bill to provide for an increase Mr. TOM DAVIS of Virginia, Mr. mittees on Energy and Commerce and Trans- in the Federal investment in research on OWENS, Mr. SMITH of New Jersey, Ms. portation and Infrastructure. cancer, Alzheimer’s disease, and asthma by PELOSI, Mr. LAHOOD, Mr. TOWNS, Mr. 1306. A letter from the Acting Assistant $2,000,000,000 for fiscal year 2002, and to ex- UPTON, Mr. KANJORSKI, Mrs. MINK of Administrator for Fisheries, National Oce- press the sense of the House of Representa- Hawaii, Mrs. MALONEY of New York, anic and Atmospheric Administration, trans- tives that the Federal investment in such re- mitting a report on bluefin tuna for 1999– search should further be increased for each Ms. NORTON, Mr. CUMMINGS, Mr. 2000; jointly to the Committees on Resources of the fiscal years 2003 through 2006; to the BLAGOJEVICH, Mr. DAVIS of Illinois, and International Relations. Committee on Energy and Commerce. Mr. TIERNEY, Mr. TURNER, Mr. ALLEN, Ms. SCHAKOWSKY, Mr. CLAY, Mr. f By Mr. ENGLISH (for himself, Mr. SANDERS, Mr. DELAHUNT, Mr. HALL of SHERWOOD, Ms. HART, and Mr. PUBLIC BILLS AND RESOLUTIONS Ohio, Mr. OBERSTAR, Mr. OLVER, Mr. KUCINICH): Under clause 2 of rule XII, public H.R. 1145. A bill to amend the Surface Min- WEXLER, Mr. ABERCROMBIE, Mr. NAD- bills and resolutions were introduced ing Control and Reclamation Act of 1977 to LER, Mr. TRAFICANT, Mr. MOAKLEY, Mr. MCDERMOTT, Mr. PETERSON of and severally referred, as follows: assure that the full amount deposited in the Abandoned Mine Reclamation Fund is spent Minnesota, Ms. BROWN of Florida, Ms. By Mr. SMITH of Michigan (for himself for the purposes for which that Fund was es- MCCARTHY of Missouri, Mr. CAPUANO, and Mrs. EMERSON): tablished; to the Committee on Resources. Mr. ENGEL, Mr. GEORGE MILLER of H.R. 1138. A bill to amend section 402 of the By Mr. PAUL (for himself, Mr. STUMP, California, Mr. FILNER, Ms. KAPTUR, Federal Water Pollution Control Act to pro- and Mr. POMBO): Mr. LEWIS of Georgia, Mr. COSTELLO, vide that no permit shall be required for ani- H.R. 1146. A bill to end membership of the Mr. PHELPS, Mr. MATSUI, Mr. EVANS, mal feeding operations within the boundaries United States in the United Nations; to the Mr. SERRANO, Mr. MCNULTY, Mr. LU- of a State if the State has established and is Committee on International Relations. THER, Mr. BARRETT, Mr. HOLT, Mr. implementing a nutrient management pro- By Mr. ENGLISH (for himself, Ms. DOYLE, Mr. STARK, Ms. RIVERS, Ms. gram for those animal feeding operations; to HART, and Mr. RYUN of Kansas): WATERS, Ms. ESHOO, Mrs. LOWEY, Ms. the Committee on Transportation and Infra- H.R. 1147. A bill to prohibit the exportation VELAZQUEZ, Mr. UNDERWOOD, and Mr. structure. of Alaskan North Slope crude oil; to the SANDLIN): By Mrs. BONO (for herself, Mr. STUMP, Committee on International Relations, and H.R. 1152. A bill to promote human rights, Mr. DOOLITTLE, and Mr. HERGER): in addition to the Committee on Resources, democracy, and the rule of law by providing H.R. 1139. A bill to terminate the participa- for a period to be subsequently determined a process for executive agencies for declas- tion of the Forest Service in the Rec- by the Speaker, in each case for consider- sifying on an expedited basis and disclosing reational Fee Demonstration Program; to ation of such provisions as fall within the ju- certain documents relating to human rights the Committee on Resources, and in addition risdiction of the committee concerned. abuses in countries other than the United to the Committee on Agriculture, for a pe- By Mr. HILLEARY (for himself, Mr. States; to the Committee on Government riod to be subsequently determined by the JOHN, Mr. BISHOP, Mr. DEMINT, and Reform. Speaker, in each case for consideration of Mr. NORWOOD): By Mr. MALONEY of Connecticut: such provisions as fall within the jurisdic- H.R. 1148. A bill to provide grants to cer- H.R. 1153. A bill to amend the Internal Rev- tion of the committee concerned. tain rural local educational agencies; to the enue Code of 1986 to increase the child tax By Mr. YOUNG of Alaska (for himself, Committee on Education and the Workforce. credit to $2,000 per child and make such cred- Mr. OBERSTAR, Mr. QUINN, and Mr. By Mr. HONDA (for himself and Mr. it refundable; to the Committee on Ways and CLEMENT): HORN): Means.

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\L21MR7.000 pfrm01 PsN: H21PT1 H1060 CONGRESSIONAL RECORD — HOUSE March 21, 2001 By Mr. NADLER (for himself, Mr. aries, to delegate the authority of the Con- the 20th annual National Peace Officers’ Me- MEEKS of New York, Mr. MCGOVERN, gress to the States to regulate water, and for morial Service; to the Committee on Trans- Ms. VELAZQUEZ, Mrs. CHRISTENSEN, other purposes; to the Committee on the Ju- portation and Infrastructure. Mr. SERRANO, Mr. STARK, Mr. LAN- diciary, and in addition to the Committee on By Mr. SIMMONS (for himself, Mr. TOS, Ms. MCKINNEY, Ms. NORTON, Ms. Resources, for a period to be subsequently LATOURETTE, Ms. BALDWIN, Mr. FER- WATERS, Mr. RANGEL, Mr. PAYNE, Ms. determined by the Speaker, in each case for GUSON, Mr. WOLF, and Mr. HOLDEN): RIVERS, Ms. CARSON of Indiana, and consideration of such provisions as fall with- H. Con. Res. 75. Concurrent resolution ex- Ms. EDDIE BERNICE JOHNSON of in the jurisdiction of the committee con- pressing the sense of the Congress that a Texas): cerned. commemorative postage stamp should be H.R. 1154. A bill to require Federal law en- By Mr. THOMPSON of California (for issued honoring Hiram Bingham IV, and that forcement agencies to expunge voidable ar- himself, Mrs. BONO, Mr. CALVERT, Mr. the Citizens’ Stamp Advisory Committee rest records, to provide incentive funds to CUNNINGHAM, Mr. DOOLITTLE, Ms. should recommend to the Postmaster Gen- States that have in effect a system for DUNN, Mr. GALLEGLY, Mr. GREEN- eral that such a stamp be issued; to the Com- expunging such records, and for other pur- WOOD, Mr. HANSEN, Mr. HERGER, Mr. mittee on Government Reform. poses; to the Committee on the Judiciary. HORN, Mr. HUNTER, Mr. ISSA, Mr. By Mr. YOUNG of Alaska (for himself, By Mr. PETERSON of Minnesota (for MCKEON, Mr. OSE, Mr. OTTER, Mr. Mr. OBERSTAR, Mr. LATOURETTE, and himself, Ms. BALDWIN, Mr. CUMMINGS, POMBO, Mr. RADANOVICH, Mr. SIMP- Mr. COSTELLO): Mrs. MCCARTHY of New York, Mr. SON, Mr. WALDEN of Oregon, Mr. H. Con. Res. 76. Concurrent resolution au- SHAYS, Mr. COSTELLO, Mrs. LOWEY, YOUNG of Alaska, Mr. BACA, Mr. thorizing the use of the East Front of the Mr. CLAY, Ms. SLAUGHTER, Mr. BAIRD, Mr. BECERRA, Mr. BERMAN, Capitol Grounds for performances sponsored GILCHREST, Mr. WYNN, Mr. SABO, Ms. Mr. BLUMENAUER, Mrs. CAPPS, Mr. by the John F. Kennedy Center for the Per- MILLENDER-MCDONALD, Mr. LEVIN, CONDIT, Mrs. DAVIS of California, Mr. forming Arts; to the Committee on Trans- Mr. SHAW, Mr. BARTLETT of Mary- DICKS, Mr. DEFAZIO, Mr. DOOLEY of portation and Infrastructure. land, Mr. CHABOT, Mr. BLAGOJEVICH, California, Mr. ENGLISH, Ms. ESHOO, By Mr. BARRETT: Mr. WU, Mr. DEUTSCH, Mr. GILMAN, Mr. FARR of California, Mr. FILNER, H. Res. 96. A resolution Recognizing Na- Mr. PASCRELL, Mr. OSE, Ms. WOOL- Mr. HINCHEY, Mr. HONDA, Ms. HOOLEY tional Poison Prevention Week, and encour- SEY, Mr. CAPUANO, Mr. BENTSEN, Mr. of Oregon, Mr. INSLEE, Mr. LEWIS of aging parents, educators, and caregivers to GONZALEZ, Mrs. TAUSCHER, Mr. California, Mr. LANTOS, Mr. LARSEN teach children the dangers of ingesting TANCREDO, Mr. DELAHUNT, Mr. AN- of Washington, Ms. LEE, Ms. household substances; to the Committee on DREWS, Mr. UPTON, Ms. HOOLEY of Or- LOFGREN, Mr. MATSUI, Mr. Government Reform, and in addition to the egon, Mr. ENGEL, Mr. NETHERCUTT, MCDERMOTT, Mr. MCGOVERN, Ms. Committees on Education and the Work- Mr. INSLEE, Mr. WEXLER, Mr. CRANE, MILLENDER-MCDONALD, Mr. GEORGE force, and Energy and Commerce, for a pe- Mr. BALDACCI, Mr. WOLF, Mr. OLVER, MILLER of California, Mrs. riod to be subsequently determined by the Mrs. MALONEY of New York, Mrs. NAPOLITANO, Ms. PELOSI, Mr. REYES, Speaker, in each case for consideration of MORELLA, Mr. DOYLE, Mr. TRAFICANT, Ms. ROYBAL-ALLARD, Ms. SANCHEZ, such provisions as fall within the jurisdic- Mr. LEACH, Mr. KLECZKA, Mr. GEORGE Ms. SOLIS, Mr. SHERMAN, Mr. SCHIFF, tion of the committee concerned. MILLER of California, Mr. STARK, Ms. Mr. STARK, Mr. STUPAK, Mrs. By Ms. LEE: KILPATRICK, Mr. HINCHEY, Mr. BOEH- TAUSCHER, Mr. UDALL of Colorado, H. Res. 97. A resolution recognizing the en- LERT, Mr. RANGEL, Mr. ISAKSON, Mr. Mr. UDALL of New Mexico, Ms. WA- during contributions, heroic achievements, SANDERS, Ms. SCHAKOWSKY, Mr. TERS, Ms. WOOLSEY, and Mr. WU): and dedicated work of Shirley Anita Chis- PHELPS, Mr. SMITH of Washington, H.R. 1157. A bill to authorize the Secretary holm; to the Committee on Government Re- Mr. SMITH of New Jersey, Mr. KOLBE, of Commerce to provide financial assistance form. Mr. PALLONE, Mr. LEWIS of Georgia, to the States of Alaska, Washington, Oregon, Mr. HORN, Mr. BLUMENAUER, Mr. California, and Idaho for salmon habitat res- f ALLEN, Mr. PAYNE, Mr. MORAN of Vir- toration projects in coastal waters and up- PRIVATE BILLS AND ginia, Mr. TIERNEY, Ms. RIVERS, Mr. land drainages, and for other purposes; to BOUCHER, Mrs. ROUKEMA, Mr. THOMP- the Committee on Resources. RESOLUTIONS SON of California, Mr. EVANS, Mr. LI- By Mr. THORNBERRY: Under clause 3 of rule XII, PINSKI, Mr. TOWNS, Mr. LUTHER, Mr. H.R. 1158. A bill to establish the National Mr. LATOURETTE introduced a bill (H.R. MCGOVERN, Mrs. KELLY, Mr. Homeland Security Agency; to the Com- 1159) for the relief of Stefan Zajak and Te- GALLEGLY, Ms. SANCHEZ, Ms. MCKIN- mittee on Government Reform. resa Bartoszewska-Zajak; which was referred NEY, Mr. WHITFIELD, Ms. ROYBAL-AL- By Mr. LANTOS (for himself, Mr. COX, to the Committee on the Judiciary. LARD, Mr. CONYERS, Mr. KUCINICH, Mr. SHERMAN, Mr. CAPUANO, Mr. Mr. SHERMAN, Mr. HOLT, Mr. WELDON BROWN of Ohio, Mr. BLAGOJEVICH, Ms. f of Pennsylvania, Mr. LEWIS of Cali- PELOSI, Mr. WOLF, Mr. HORN, Mr. fornia, Mr. DEAL of Georgia, Mr. DEFAZIO, Ms. WOOLSEY, Mr. MENEN- ADDITIONAL SPONSORS BRADY of Pennsylvania, Mr. GREEN of DEZ, Mr. HOYER, Mr. EVANS, Mr. Under clause 7 of rule XII, sponsors Texas, Mr. UDALL of Colorado, Mrs. FRANK, Mr. ABERCROMBIE, Mr. PAYNE, were added to public bills and resolu- JONES of Ohio, Mr. BARCIA, Mr. FARR Mr. WYNN, Mr. HOEFFEL, Ms. KAPTUR, tions as follows: of California, Mr. DEFAZIO, Mr. NAD- Mr. WAMP, Mr. ROHRABACHER, Mr. LER, Mr. BERMAN, Mr. JONES of North DELAY, Mr. FALEOMAVAEGA, Mr. H.R. 51: Mr. POMBO, Mr. FARR of California, Carolina, Mrs. NORTHUP, Mr. WELLER, SMITH of New Jersey, Mr. BRADY of Mr. OTTER, and Mr. ISSA. Mr. ENGLISH, Mr. BORSKI, Mr. Pennsylvania, Mr. GEORGE MILLER of H.R. 145: Mr. DAVIS of Illinois and Mr. MALONEY of Connecticut, Mr. LAN- California, Mr. DIAZ-BALART, Mr. LANGEVIN. TOS, Mr. BASS, Mr. ACKERMAN, Mr. PALLONE, Mr. BONIOR, Ms. BERKLEY, H.R. 162: Mr. HOLT, Mr. ABERCROMBIE, Mr. GREEN of Wisconsin, Mr. MEEHAN, Mr. Ms. LEE, Mr. STRICKLAND, Mr. JONES PALLONE, Mr. LEVIN, Mr. JEFFERSON, Ms. CLYBURN, Mr. NEAL of Massachusetts, of North Carolina, Mr. STARK, Mr. BALDWIN, Mr. DAVIS of Illinois, Mr. KIND, and Ms. BROWN of Florida, Mr. CROWLEY, KIRK, Mr. GUTIERREZ, Ms. SLAUGH- Mr. SAWYER. Mr. KILDEE, Mr. HOEFFEL, Mr. HYDE, TER, Mr. ENGEL, Mr. GEPHARDT, Mr. H.R. 179: Mr. CLYBURN, Mrs. CUBIN, Mr. Mr. POMEROY, Mr. SAXTON, Mr. KEN- LEWIS of Georgia, Mr. GOODE, Mr. DOOLITTLE, Mr. GRAHAM, Mr. HONDA, Mrs. NEDY of Rhode Island, Mr. HALL of SOUDER, Mr. TANCREDO, Mr. DEMINT, LOWEY, Mr. OTTER, Mr. PUTNAM, Mr. SCOTT, Ohio, Mr. DICKS, Mr. FRANK, Mr. Mr. HOEKSTRA, Mr. SCHAFFER, Mr. Mr. SIMPSON, Ms. SOLIS, and Mr. UPTON. WEINER, Mr. WELDON of Florida, Mrs. HOSTETTLER, Mr. SAM JOHNSON of H.R. 189: Mr. LAHOOD. CAPPS, Mr. PRICE of North Carolina, Texas, Mr. DOOLITTLE, Mr. SHADEGG, H.R. 192: Mr. LOBIONDO. Mrs. JOHNSON of Connecticut, Mr. and Mr. PENCE): H.R. 199: Mr. KING, Mr. KILDEE, Mr. FILNER, Mr. SCARBOROUGH, and Mr. H. Con. Res. 73. Concurrent resolution ex- MCNULTY, and Mr. HAYWORTH. GREENWOOD): pressing the sense of Congress that the 2008 H.R. 225: Ms. LOFGREN, Mr. GEORGE MILLER H.R. 1155. A bill to amend the Animal Wel- Olympic Games should not be held in Beijing of California, Mr. CUMMINGS, Mrs. LOWEY, fare Act to strike the limitation that per- unless the Government of the People’s Re- and Ms. KILPATRICK. mits interstate movement of live birds, for public of China releases all political pris- H.R. 281: Mr. SPENCE, Mr. GILMAN, Mr. the purpose of fighting, to States in which oners, ratifies the International Covenant on COOKSEY, and Mr. JEFFERSON. animal fighting is lawful; to the Committee Civil and Political Rights, and observes H.R. 292: Mr. DAVIS of Illinois. on Agriculture. internationally recognized human rights; to H.R. 303: Mr. MEEHAN, Mr. REHBERG, Mr. By Mr. SIMPSON (for himself, Mr. GIB- the Committee on International Relations. GREENWOOD, Mr. MARKEY, and Mr. BARCIA. BONS, Mr. OTTER, Mr. STUMP, and Mr. By Mr. LATOURETTE (for himself and H.R. 326: Mr. MEEHAN and Mr. LANTOS. SCHAFFER): Mr. COSTELLO): H.R. 370: Mr. SOUDER. H.R. 1156. A bill to preserve the authority H. Con. Res. 74. Concurrent resolution au- H.R. 380: Ms. LEE. of the States over waters within their bound- thorizing the use of the Capitol Grounds for H.R. 440: Mr. BALDACCI.

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\L21MR7.100 pfrm01 PsN: H21PT1 March 21, 2001 CONGRESSIONAL RECORD — HOUSE H1061

H.R. 488: Mrs. LOWEY. H.R. 680: Mr. OWENS and Ms. CARSON of In- MALONEY of Connecticut, and Mr. GREEN of H.R. 504: Mr. THOMPSON of California, Ms. diana. Wisconsin. CARSON of Indiana, Mr. BONIOR, Mr. KOLBE, H.R. 683: Mr. JOHN, Mr. KLECZKA, Mr. H. Con. Res. 29: Mr. AKIN. Mr. SANDLIN, Ms. SCHAKOWSKY, Mrs. WILSON, LANGEVIN, Mr. UDALL of Colorado, Mr. H. Con. Res. 37: Mr. WELDON of Pennsyl- Mr. GUTIERREZ, Mr. PAYNE, Mr. LANGEVIN, PAYNE, Ms. LEE, and Ms. DELAURO. vania. Mr. GONZALEZ, and Mr. DOYLE. H.R. 690: Mr. RANGEL, Mr. HOEFFEL, Mr. H. Con. Res. 53: Mr. ALLEN. H.R. 511: Ms. SCHAKOWSKY. CLAY, Mr. HASTINGS of Florida, Mr. AN- H. Con. Res. 61: Mr. BROWN of Ohio. H.R. 525: Mr. PASCRELL. DREWS, and Mr. RUSH. H. Con. Res. 68: Mr. FATTAH, Mr. LEWIS of H.R. 526: Ms. SCHAKOWSKY, Mr. RAHALL, H.R. 691: Mr. BORSKI and Mr. PETRI. Georgia, and Mr. CLAY. Mr. PASTOR, Mr. INSLEE, Ms. SOLIS, Mr. H.R. 747: Ms. WOOLSEY. H. Res. 13: Mr. GRAHAM. MENENDEZ, Mr. BERMAN, Mr. BENTSEN, Mr. H.R. 752: Mr. SMITH of New Jersey. H. Res. 15: Mr. BARR of Georgia. BONIOR, and Mr. BAIRD. H.R. 755: Ms. JACKSON-LEE of Texas, Ms. H.R. 534: Mr. LEWIS of Kentucky, Mr. GARY BROWN of Florida, Ms. MCKINNEY, Mr. f MILLER of California, Mr. SIMMONS, Mr. DOOLEY of California, Mr. INSLEE, Mr. DICKS, SKEEN, Mr. PLATTS, Mr. SMITH of New Jer- Ms. SOLIS, Mr. MOORE, Mrs. KELLY, and Mr. DELETIONS OF SPONSORS FROM sey, Mr. EVERETT, Mr. SESSIONS, Mr. ISSA, LEWIS of Georgia. Mr. SIMPSON, Mr. PITTS, Mr. WICKER, Mr. H.R. 770: Mr. PETERSON of Minnesota. PUBLIC BILLS AND RESOLUTIONS EHRLICH, Mr. CANTOR, Mr. HERGER, Mr. LAN- H.R. 781: Mr. PALLONE, Ms. LEE, and Mr. Under clause 7 of rule XII, sponsors TOS, Mr. MCINNIS, Mr. SHAYS, Mr. HOLDEN, HONDA. were deleted from public bills and reso- Mr. HAYWORTH, and Mr. TIAHRT. H.R. 783: Mr. KUCINICH. lutions as follows: H.R. 536: Mr. COYNE, Mr. BAIRD, Mr. H.R. 801: Mr. TERRY, Mr. SNYDER, and Mr. LOBIONDO, Mr. DAVIS of Illinois, Mr. GRUCCI, GUTIERREZ. H.R. 459: Mr. LEWIS of California. Ms. SANCHEZ, and Mr. RODRIGUEZ. H.R. 811: Ms. CARSON of Indiana, Mr. SNY- H.R. 550: Ms. KILPATRICK and Mr. KILDEE. DER, and Mr. GUTIERREZ. f H.R. 579: Mr. LANTOS. H.R. 817: Mr. TIBERI and Mr. BALDACCI. H.R. 581: Mr. SIMPSON. H.R. 870: Mr. BONIOR, Mr. MCGOVERN, Ms. AMENDMENTS H.R. 599: Mrs. JONES of Ohio, Mr. HART, Mr. RODRIGUEZ, Mr. REYES, Mr. GON- LATOURETTE, Mr. ABERCROMBIE, Mr. KILDEE, Under clause 8 of rule XVIII, pro- ZALEZ, and Mr. RUSH. Mr. BALDACCI, Mr. WAXMAN, Mr. MCNULTY, H.R. 907: Mrs. MALONEY of New York. posed amendments were submitted as Mr. KIND, Mr. CAPUANO, and Mr. DEFAZIO. H.R. 912: Mr. ACKERMAN, Mrs. CAPPS, Mr. follows: H.R. 606: Mr. LOBIONDO, Mr. SNYDER, Mr. DEFAZIO, Mr. DICKS, and Mr. REYES. OSE, Ms. ROYBAL-ALLARD, and Mr. SAXTON. H.R. 247 H.R. 962: Mr. ENGEL, Ms. KILPATRICK, Ms. H.R. 612: Mr. EDWARDS, Mr. MOORE, Mr. OFFERED BY: MR. TRAFICANT MCCOLLUM, Mr. SMITH of New Jersey, Ms. KILDEE, Mr. PHELPS, and Mr. UDALL of New AMENDMENT NO. 2: At the end of the bill, Mexico. NORTON, Mrs. LOWEY, and Mr. PASCRELL. RANK BERCROMBIE add the following new section: H.R. 622: Mr. BLUMENAUER and Ms. HOOLEY H.R. 964: Mr. F , Mr. A , Ms. SEC. 3. USE OF AMERICAN PRODUCTS. of Oregon. SCHAKOWSKY, Mr. FROST, Ms. LOFGREN, Mr. (a) PURCHASE OF AMERICAN-MADE EQUIP- H.R. 630: Mr. BOEHLERT, Mr. COYNE, Mr. BLAGOJEVICH, Mr. RODRIGUEZ, Mr. CAPUANO, MENT AND PRODUCTS.—It is the sense of the PRICE of North Carolina, Ms. SLAUGHTER, and Mr. GONZALEZ, Ms. MCKINNEY, Ms. SOLIS, and Congress that, to the greatest extent prac- Mr. GOODE. Mr. LANTOS. H.R. 633: Ms. SLAUGHTER, Mr. MCGOVERN, H.R. 969: Mr. SMITH of Texas. ticable, all equipment and products pur- Mr. MCNULTY, Mr. ENGEL, Ms. LEE, Mr. H.R. 994: Ms. DELAURO, Ms. MILLENDER- chased with funds made available for the ac- FROST, Mr. FRANK, Ms. SOLIS, Mr. BROWN of MCDONALD, Mr. FATTAH, Mrs. JONES of Ohio, tivities authorized under the amendment Ohio, Mrs. MINK of Hawaii, Ms. SCHAKOWSKY, Mr. MARKEY, Ms. CARSON of Indiana, Mrs. made by this Act should be American-made. Mr. GREEN of Texas, Mrs. JONES of Ohio, Mr. NAPOLITANO, and Ms. SOLIS. (b) NOTICE REQUIREMENT.—In providing fi- GONZALEZ, Ms. CARSON of Indiana, Mr. H.R. 1007: Mr. GALLEGLY, Mr. DIAZ-BALART, nancial assistance to, or entering into any CUMMINGS, Mr. KILDEE, Mr. LANTOS, and Mr. Mr. WOLF, Mr. BLUMENAUER, Mr. PAYNE, Mr. contract with, any entity using funds made BALDACCI. SMITH of Texas, and Mr. LANTOS. available for the activities authorized under H.R. 637: Mr. PAUL and Mr. SMITH of Texas. H.R. 1015: Mr. SANDERS, Mr. GOODE, and the amendment made by this Act, the Sec- H.R. 643: Mr. ABERCROMBIE. Mr. PICKERING. retary of Housing and Urban Development, H.R. 645: Mr. ABERCROMBIE. H.R. 1078: Mr. MCNULTY. to the greatest extent practicable, shall pro- H.R. 668: Mr. LANTOS, Mrs. MINK of Hawaii, H.R. 1086: Mr. SANDERS and Ms. DELAURO. vide to such entity a notice describing the Ms. CARSON of Indiana, Mr. SOUDER, and Mr. H.R. 1088: Mr. RYUN of Kansas, Mr. FER- statement made in subsection (a) by the Con- ACEVEDO-VILA. GUSON, Mr. SHERMAN, Mr. GONZALEZ, Mr. gress.

VerDate 21-MAR-2001 01:13 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MR7.027 pfrm01 PsN: H21PT1 E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, WEDNESDAY, MARCH 21, 2001 No. 38 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING I thank my colleagues for their at- called to order by the Honorable PRESIDENT PRO TEMPORE tention. GEORGE ALLEN, a Senator from the The PRESIDING OFFICER. The Mr. REID. Will the Senator yield for State of Virginia. clerk will please read a communication a question? to the Senate from the President pro Mr. JEFFORDS. I am happy to yield. PRAYER tempore (Mr. THURMOND). Mr. REID. Mr. President, through my friend from Vermont, I ask the Chair, The Chaplain, Dr. Lloyd John The legislative clerk read the fol- lowing letter: if all time is used on the Torricelli Ogilvie, offered the following prayer: amendment—he spoke for a short time Gracious Lord, You have told us that U.S. SENATE, PRESIDENT PRO TEMPORE, last night—what time would the vote if we, as branches, are connected to Washington, DC, March 21, 2001. occur? You, the Vine of virtue, our lives will To the Senate: The ACTING PRESIDENT pro tem- emulate Your character. We dedicate Under the provisions of rule I, paragraph 3, pore. Approximately 12:20 p.m. this day to live as branches for the flow of the Standing Rules of the Senate, I hereby Mr. REID. I thank the Chair. appoint the Honorable GEORGE ALLEN, a Sen- of Your spirit. We admit that apart f from You, we can accomplish nothing ator from the State of Virginia, to perform of lasting significance. We ask that the the duties of the Chair. BIPARTISAN CAMPAIGN REFORM Senators and all of us who work with STROM THURMOND, ACT OF 2001 President pro tempore. them may be distinguished for the fruit The ACTING PRESIDENT pro tem- of Your spirit, a cluster of divinely in- Mr. ALLEN thereupon assumed the chair as Acting President pro tempore. pore. Under the previous order, the spired, imputed, and induced traits of Senate will now resume consideration Your nature reproduced in us. f of S. 27, which the clerk will report. Your love encourages us and gives us RESERVATION OF LEADER TIME The legislative clerk read as follows: security; Your joy uplifts us and gives The ACTING PRESIDENT pro tem- A bill (S. 27) to amend the Federal Election us exuberance; Your peace floods our Campaign Act of 1971 to provide bipartisan hearts with serenity; Your patience pore. Under the previous order, the campaign reform. leadership time is reserved. calms our agitation over difficult peo- Pending: ple and pressured schedules; Your kind- f Torricelli amendment No. 122, to amend ness enables us to deal with our own RECOGNITION OF THE ACTING the Communications Act of 1934 to require and other people’s shortcomings; Your MAJORITY LEADER television broadcast stations, and providers goodness challenges us to make a re- of cable or satellite television service, to newed commitment to absolute integ- The ACTING PRESIDENT pro tem- provide lowest unit rate to committees of po- rity; Your faithfulness produces trust- pore. The Senator from Vermont is rec- litical parties purchasing time on behalf of worthiness that makes us dependable; ognized. candidates. Your gentleness reveals the might of f AMENDMENT NO. 122 true meekness that humbly draws on The ACTING PRESIDENT pro tem- SCHEDULE Your power; Your Lordship gives us pore. Under the previous order, the self-control because we have accepted Mr. JEFFORDS. Mr. President, today Senate will now resume consideration Your control of our lives. You are the the Senate will immediately resume of the Torricelli amendment No. 122. mighty God of Abraham, Isaac, Jacob, consideration of the campaign finance The Senator from New Jersey. and Jesus Christ. Amen. reform legislation. Debate will con- Mr. TORRICELLI. Mr. President, the tinue on Senator TORRICELLI’s amend- Senate now turns its attention to what f ment regarding broadcasting. If all de- is the other half of the campaign fi- bate time is used, a vote may be ex- nance problem. It is, after all, not sim- pected around 12 noon. However, some ply what is raised but why money is PLEDGE OF ALLEGIANCE time may be yielded back, and there- raised and where it is going. The Honorable GEORGE ALLEN led the fore the vote could occur earlier. This Senate, for 5 years, has had to Pledge of Allegiance, as follows: Progress is being made on the bill, and overcome four filibusters to get us to I pledge allegiance to the Flag of the further amendments will be offered this moment in considering campaign United States of America, and to the Repub- throughout the day. As a reminder, finance reform. We have voted on 113 lic for which it stands, one nation under God, votes will occur throughout the day ap- occasions to reform the campaign fi- indivisible, with liberty and justice for all. proximately every 3 hours. nance laws. We have considered 300

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

S2603

.

VerDate 21-MAR-2001 01:21 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.000 pfrm03 PsN: S21PT1 S2604 CONGRESSIONAL RECORD — SENATE March 21, 2001 pieces of legislation, heard 3,000 Today’s political campaigns function as Now, by law, Members of the Senate speeches, and filled 6,000 pages of the collection agencies for broadcasters. You undoubtedly think this was addressed CONGRESSIONAL RECORD. But none of simply transfer money from contributors to years ago, and they would be right in this will mean anything, this legisla- television stations. having that belief. Nothing I am now tion will accomplish no more than During the 2000 elections, the broad- reviewing should be allowed by law. leading to a less informed public with cast networks enjoyed record profits. But there is a loophole, and the loop- less political dialog, if we do not com- The placing of political advertisements hole, as I have illustrated, is that they plement the reduction in fundraising on the networks is not a public service. will sell you the time. They will just with more availability of information They do not do this under duress. It is never guarantee it will ever be seen on by reducing the cost. a major form of network profits. It is television. That, as I think anybody The McCain-Feingold legislation, as estimated to be at least $770 million could assess, is not much of an adver- written, will not abate the expense of and, indeed, figures could be as high as tising campaign. running for political office. It could, if $1 billion that was spent by candidates The law is actually being complied not amended, simply lead to an Amer- on political advertisements—a 76-per- with as an exception. The rule is the ican public, as Senator MCCONNELL has cent increase over 1996. violation. The chart on my left illus- said many times, that is less informed The chart on my left illustrates the trates this point conclusively. The with less political speech. I know no rapid increase. President midterm heavy red lines are advertisements one in the country who believes that is spending, in 1982, adjusted for inflation, that are placed above the lowest unit the kind of reform we genuinely seek. was $200 million; in the year 2000, now rate—remembering that the law re- The Alliance for Better Campaigns reaching $800 million. It is an expo- quires that advertisements be sold to recently stated: nential increase that is unsustainable. political candidates, as required for Reform must do more than limit the sup- The Alliance for Better Campaigns re- communication in Federal elections, at ply of political money. It must also restrain cently issued its report, ‘‘Gouging De- the demand for political money. the lowest unit rate. mocracy, How the TV Industry WCCO in Minneapolis met its public There is a perception in the media Profiteered on Campaign 2000.’’ responsibility by selling 4 percent of and in the public that the entire prob- This report illustrates how stations all of its advertisements at the lowest lem of campaign financing is the across the country took advantage of unit rate. And 95 percent of all the ads amount of money. That is a problem, candidates by increasing their pricing placed were higher than lowest rates. but it is not the only problem. Mem- for advertising just when they knew They are paying commercial rates. bers of this institution know that an that campaigns needed the time the In New York city, an advertising equal burden that must be addressed is most. market with which I am familiar, the amount of time Senators and Mem- In Philadelphia and New York City, WNBC—not some unaffiliated station, bers of the House of Representatives the two media networks which serve but one owned by the National Broad- are taken away from their legislative my State of New Jersey, the cost of casting Company itself—15 percent of responsibilities, not meeting with ordi- some political ads increased almost 50 their ads were in accordance with the nary citizens, to cater to the wealthy percent between Labor Day and elec- law at the lowest unit rate; for 78 per- to gain access to this money. tion day—television stations recog- cent they were charging commercial On the chart on my left, I have taken nizing that unlike an automobile man- a State at random, New Jersey, and rates to Federal candidates for public ufacturer or a soap manufacturer that office. There are stations that are bet- given an indication of what it takes in can advertise at any time of the year, time to run what all future Senate ter. The chart illustrates that virtually a candidate has no choice but to com- in every market in the country, large campaigns in New Jersey probably will municate with those voters between cost—a minimum of $15 million. This States and small, rural and urban, the Labor Day and election day. They have responsibilities are not being met. would require, under current campaign a captive market and they take full finance laws, raising $20,833 every day 7 In Los Angeles, KABC—once again, and unconscionable advantage. days a week for 2 years, or 150 fund- an affiliate owned by the network The letter on my left is a perfect ex- itself—34 percent of all advertisements raising events, each raising $100,000, or ample. This is a television station 1,500 events at $10,000 per event, 1,500 are being sold at commercial rates. In which has had an ad placed by a Fed- fundraisers at $10,000. Columbus, OH, it is 90 percent. At eral candidate. Under the law, they are We can make it more difficult to KYW, one of the most popular stations raise the money. We can eliminate soft required to sell this ad at the lowest in Philadelphia, it is 91 percent. At money. The question remains: Are we unit rate. But as is typical of the tele- WXYZ in Detroit, it is 88 percent sold simply adding to the burden of how vision networks, they wrote a letter at commercial rates. much time candidates must spend back to the candidate saying: My colleagues, the law as you in- doing that? If we are eliminating cat- Activity is a lot heavier than the station tended it, to require lowest unit rate egories of money, making it more dif- anticipated, and your schedules are already sales of advertising, has collapsed. It is getting bumped. ficult to get the $15 million, all we not happening. Broadcasters are auc- could be doing is adding to that time My colleagues, this is the heart of tioning advertising time to Federal which candidates must spend finding the problem. The candidate placed the candidates in competition with the in- it. That will not be an achievement. ad at $6,300, as required by law. But the dustries of America. Any candidate is That is why today we are dealing with television station let the candidate facing the prospect of a bidding war the other half of the equation—not know: You may have bought this ad in with General Motors or Ford or IBM what is raised but how much is spent. accord with Federal law at $6,300, but when they go to place political adver- The 2000 elections provide an illustra- you will never see it on television be- tising. The law is simply not func- tion. Common Cause estimates that cause we will bump it. You will not get tioning. the 2000 elections cost $3 billion. This it for when you bought it. It will be Similar patterns, as I have dem- is a 50-percent increase over 1996, beg- shown in the middle of the night when onstrated, are all over the country. To ging the question, At this rate of in- no one will see it. quote the Alliance for Better Cam- crease, where is the Nation going? So they politely extort another $8,000 paigns, ‘‘while this law remains on the Obviously, to anyone in the system, in order to guarantee the time slot books, its original intent is no longer by far the greatest component of this that has been provided. An ad required served.’’ campaign spending is the cost of tele- to be sold at $6,000 by law is now in ex- The other part of this equation is not vision advertising. Indeed, one-third of cess of $14,000. This is the heart of the simply that there is price gouging of the $3 billion raised and spent in the problem. And it is typical. candidates by taking advantage of a 2000 elections went to pay for political In our surveys across the country, as loophole in the lowest unit rate, but, advertisements on television. My pred- in Philadelphia and New York, these almost incredibly and simultaneously, ecessor, Senator Bradley of New Jer- rates were going up by 50 percent. We the broadcasters are violating another sey, probably said it best a few years have seen in others, typically, 30-per- responsibility. One responsibility is the ago: cent increases in these rates. lowest unit rate to allow advertising,

VerDate 21-MAR-2001 01:21 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.004 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2605 not to increase the cost of campaigns The chart on my left makes this and CBS agreed to the 5 minutes. Al- and increase fundraising responsibil- comparison: what is happening in ad- though these stations should be com- ities and burdens; the other is to pro- vertising in which candidates are now mended, they and other stations made vide news coverage. These, my col- paying nearly a billion dollars, and similar decisions representing 70 per- leagues, after all, are the public air- what is happening in news coverage as cent of the 1,300 local stations. waves, licensed by the Federal Govern- required by Federal license. These are Shockingly, ABC, which was the sec- ment for the interest of the American the top four rated TV stations in Phila- ond biggest beneficiary of political ad- people to promote their debates. The delphia and New York. vertisement last year, did not make Federal airwaves are not to be used en- Overall, a viewer in the State of New any commitment at all. The refusal of tirely for sitcoms and cartoons, or to Jersey is 10 times more likely to see a ABC to join other broadcast networks sell soap or automobiles. There is a paid political advertisement—10 was the broadest step toward further public responsibility. times—than they are ever to see a news corporate irresponsibility. I am going to show the difference be- story, excepting that most of those In sum, what much of this means is tween what is going on in advertising news stories are scandal, and horse that contrary to law and the national and news coverage. As you can see on races, and are not news anyway. interest, the broadcasters have now de- this chart, those ads sold at the unit Conceding they really are news, let’s veloped a dependency on political ad- rate are flat. The red line shows that operate on the fiction they were put- vertising. As the chart on my left illus- almost all advertising is going on to ting news on the air. Nevertheless, one trates, this is now the source of reve- the non-unit rate or commercial rate of would be 10 times more likely to see a nues of television stations and net- advertising. political advertisement. works, gaining 25 percent of all of their We will move on to the news cov- Here are examples in Philadelphia: revenue from the automobile compa- erage. Now, remembering how the ad- WPVI, 122 advertisements ran between nies, the largest industry in America; vertising was increasing at commercial May 24 and June 5. The number of news 15 percent from retailers across the costs, exponentially the chart was ris- stories was 11. WNBC in New York, 99 country, and, unbelievably, 10 percent ing to the top. Consider this, remem- advertisements, 16 news stories. of all revenues of television stations is bering the two responsibilities: selling The fact is, news coverage has now coming from political advertising. at lowest unit rate and providing news reached an all-time low. Just as the If this, however, were a chart of Iowa coverage in the public interest. networks are evading their responsi- or New Hampshire or early primary In Philadelphia, during the New Jer- bility for the lowest unit cost under States, we would find during the Presi- sey Senate primary—remembering the law, they are also avoiding their dential elections that it is not third there was no incumbent—we were responsibility to provide hard news. but first. choosing a U.S. Senator for New Jer- During last summer’s political con- Even taking the network’s greatest sey, during a Presidential election, the ventions for Democrats and Repub- advantage of looking at this nation- final 2 weeks of the campaign. In licans, ABC, CBS, and NBC reduced by ally, it is clear television stations have Philadelphia, this is the amount of two-thirds the hours they devoted to developed a dependency—indeed, an ad- diction—on political advertising. That news coverage in the final 14 days of convention coverage of 1988, the last is clearly not in the national interest. the election: WPVI in Philadelphia, an time there was an open seat Presi- What should, however, gain the at- average of 19 seconds per evening; dential election. Broadcasters are in many respects tention of the American people is the WVAU, in the public interest, on a fed- almost unbelievable hypocrisy of the erally licensed station, dedicated an public trustees. They should not be putting the public airwaves out to bid networks on this issue. They have average of 1 second per night to in- joined the fight for campaign finance forming their viewers on the Senate when political candidates want to com- municate with their constituents. They reform by criticizing the current fi- campaign in its closing days. In New nance system, and we welcome their receive their licenses by meeting FCC York, the situation was not very much assistance. If there is to be genuine re- requirements under the 1934 Commu- different. WNBC—once again, a net- form, we are glad the voices of the net- nications Act in the public interest. work-owned-and-operated affiliate, not works have been part of the drumbeat The law makes clear that the airwaves some arm’s length operating station, of criticism to bring this Congress to a are public property and that they must but NBC’s own station in New York, in change. They want change. They just be used for the ‘‘public interest, con- the final 2 weeks of the campaign— do not want to be part of it, recog- venience, and necessity.’’ gave 23 seconds to covering the pri- nizing there is a reason this money is Indeed, perhaps maybe this Congress mary. At WCBS in New York, an aver- being raised, and they are the principal deserves some of the blame. In 1997, the age of 10 seconds was given to covering reason. this. Congress gave broadcasters digital TV Outside this Chamber, today the Na- As Robert McChesney wrote in Rich licenses which doubled the amount of tional Association of Broadcasters will Media, Poor Democracy: spectrum. If sold at auction, it would have its lobbyists attempting to con- Broadcasters have little incentive to cover have brought in $70 billion. William vince Members they should not bear candidates, because it is in their interest to Safire wrote: any responsibility and they should be force them to publicize their campaigns. A rip-off on a scale vaster than able to evade the current law and Exactly. Why would anyone provide dreamed. . .by the robber barons. charge commercial rates for their $1 free coverage in the public interest in Bob Dole called it ‘‘a giant corporate billion in political advertising. Indeed, hard news when, alternatively, can- welfare scheme.’’ since 1996, the National Association of didates must pay millions of dollars to What all this has meant is broad- Broadcasters has spent $19 million. the stations themselves to get their casters taking advantage of this new While the network broadcasters are message across? There is a disincentive technology without any new responsi- convincing the American people to to provide news because people have to bility, and we have allowed this situa- change the political system, their lob- pay for it. tion to deteriorate to the point of bil- byists are in the hall spending millions The Brennan Center reports that, in- lion-dollar campaigns putting enor- of dollars in lobbying time convincing deed, in the 30 days preceding the No- mous burdens of time and money on people not to lower costs, do not raise vember elections, the national broad- the political system. That is, in my money, but keep spending it on us. casters averaged about 1 minute per judgment, unsustainable. From 1996 through 1998, the National night—1 minute—in substantive cam- In response to this gift of public as- Association of Broadcasters and five paign coverage. sets, President Clinton appointed an media outlets together spent $11 mil- Rather than a discussion of sub- advisory panel to update the public in- lion to defeat 12 campaign finance bills stantive issues, the broadcast networks terest obligation of broadcasters. The that would have, if implemented, re- covered the campaign 2000 primarily as panel advised broadcasters to volun- duced the cost of broadcasting for can- a horse race. Only one in four network tarily air 5 minutes a night in the 30 didates. news stations aired stories that were, days before the election. During the Time’s up. You wanted campaign fi- indeed, issue oriented. 2000 elections, local affiliates of NBC nance reform and you were right, the

VerDate 21-MAR-2001 01:21 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.006 pfrm03 PsN: S21PT1 S2606 CONGRESSIONAL RECORD — SENATE March 21, 2001 system should be changed, but you ical age, the cost of a campaign is eas- gressman who were very well recog- miscalculated because you are going to ily defined. It is television. This is a nized throughout our State. The Gov- be part of that reform. network-driven process. And it can ernor had run five statewide campaigns On a bipartisan basis, this Senate is change. and the latter had been in Congress 8 going to vote today to implement a law My final chart illustrates the dif- years and politics most of his adult which we intended a long time ago. ference in running political campaigns life. Certainly their experience should These are public airwaves. There will in three jurisdictions. If the Torricelli- not have been disqualifying, but nei- not be price gouging for candidates for Corzine-Durbin-Dorgan amendment is ther should a lifetime of participation Federal office. This time will be sold at adopted, the cost of running adver- in the private sector preclude the pos- the lowest unit rate as was always our tising in Los Angeles, the second most sibility for government service. intention. expensive media market in the coun- With that background, Mr. President, Under the Torricelli-Corzine-Durbin- try, would be a 75-percent difference by as you may know, New Jersey has no Dorgan, et al., amendment, we are applying the lowest unit rate; in Den- major in-State television market. going to bring the letter of the law ver, 41 percent; in Birmingham, AL, an Rather, north Jersey voters are served back in line with the spirit of the law. incredible 400-percent difference. by New York City television stations Our intention is very simple: One, re- This goes to the heart of the prob- while south Jersey voters are served by quire broadcasters to charge can- lem. We are simply requiring what was those from Philadelphia. didates and political parties the lowest asked a long time ago. We do not do The trend in television news coverage rate offered throughout the year. this to an industry that is struggling. is to spend less and less time on State Therefore, the gouging that takes place The broadcast industry is making and local races, and the problem is ex- because the networks know that we record profits by using Federal licenses aggerated in New Jersey where sta- must advertise between Labor Day and with new technology that has been tions from other States devote little election day will end. They will base given without cost. Now, my friends, it airtime to covering New Jersey poli- these prices on the lowest rate is time to ask them to meet their re- tics. As my senior colleague pointed out, throughout the year. sponsibilities. in both the Philadelphia market and Second, ensure that candidate and A new campaign finance system in New York market, as we ran up to the party ads cannot be bumped, displaced, America will require responsibilities primary, there was very little cov- by other advertisers willing to pay and sacrifices by many people—cer- erage. It averaged, if you looked across more for the air time. Simply stated, tainly by every Member of Congress. the two markets, 13 seconds per day to avoid the problem, as in the letter I This amendment will welcome the during the 60 days leading up to the indicated from one television station, broadcasters into a new responsibility where a candidate for public office at- election. Think about that: 13 seconds in being part of the answer to the prob- a day for five candidates to express tempting to communicate with their lem rather than the core of the prob- constituent is told that General Motors their points of view and get in front of lem itself. the public. That is some debate. I do is willing to pay more for the same I yield the floor. spot; therefore, either you pay what hope we can do something about it. The PRESIDING OFFICER (Mr. FITZ- Compounding matters, there is also a they will pay or your advertisement GERALD). Who yields time? trend away from covering substantive will run in the dead of the night. Mr. DODD. Mr. President, I yield 10 issues, as Senator TORRICELLI re- Three, require the FCC to conduct minutes to the distinguished Senator marked, in favor of covering elections random checks during the preelection from New Jersey. in horseraces, who is up, who is down, period to ensure compliance with the The PRESIDING OFFICER. The Sen- what the polls say, not what the issues law. In 1990, Senator Danforth of Mis- ator from New Jersey is recognized. are. For those candidates, such as my- souri requested a similar audit by the Mr. CORZINE. Mr. President, I am self, who want to engage voters on the FCC and for the first time revealed the pleased to join my esteemed colleague, issues, the only option is to purchase extent to which broadcasters were not the senior Senator from New Jersey time from the high priced, out-of-State charging candidates the lowest unit and a number of other colleagues in of- broadcasters in our case. The end re- rate. Although the crackdown resulted fering this amendment to reduce the sult is the candidates, especially chal- in a temporary dip in rates as broad- exploding costs of political advertise- lengers, those who have not previously casters followed the law more closely, ments on the airwaves. As Senator held public office, must grapple with recognizing the FCC controlled their li- TORRICELLI has articulated and effec- hugely expensive media costs to stand censes, as soon as the study was fin- tively demonstrated, this amendment a chance. ished, the monitoring was over, rates would guarantee that candidate adver- Let me be clear. Media exposure does went up again, and the law was vio- tisements are not preempted by more not guarantee success. A bankrupt lated. This time we will monitor it, but favored, high-spending advertisers and message will lose, despite a well-funded we will monitor it permanently. that candidates are given the lowest media campaign. I don’t buy the argu- Savings that will result from this available rate for the reserved time. ment you can buy an election. There amendment are extraordinary, as is the Mr. President, campaigns do cost too are many examples of candidates who ability to change the national political much. God knows, I know. To commu- have spent significant amounts of culture of the fundraiser, reducing nicate with voters, at least in large money, only to lose. People who argue costs, resulting in reduced fundraising. States like New Jersey with multiple you can buy elections, in my view, un- This is a great opportunity. I do not and expensive media markets, can- derestimate the ability and the judg- know a member of this Congress who didates must use television time. And ment of the voters. Still, while ade- wouldn’t rather spend their time legis- television is very expensive. My cam- quate exposure on television clearly is lating than raising funds. I don’t know paign was charged as much as $55,000 not sufficient to generate success, lack a Member of this Congress who for one 30-second spot alone in the of exposure for many candidates al- wouldn’t prefer to be at home on the weeks directly preceding the election. most certainly will guarantee failure, weekends with their family or con- Others actually paid more. again, particularly for challengers and stituents, rather than traveling around When I began my run for the Senate, newcomers who might bring different the Nation raising funds. This isn’t I was generally unknown to the com- experiences and perspectives to issues. something that anybody enjoys. There munity at-large. I had enjoyed a suc- Congress recognized this media cost is an endless spiral of fundraising that cessful business career, which I problem in 1971 when it required broad- is out of control, but it will not be thought would make a contribution to casters to offer candidates the lowest stopped simply by eliminating soft the Senate, the Nation, and my com- price offered for a similar timeslot. Un- money or making it more difficult to munity. But virtually no one in New fortunately, that legislation included a raise money of any kind. Candidates Jersey knew who I was or, more impor- major loophole. Under the law, while will find money within the law under tantly, where I stood on the issues. local stations must offer a candidate some system unless we address the Meanwhile, my opponents included a the lowest available rate, the broad- question of costs. In the modern polit- former Governor and a former Con- casters are allowed to preempt those

VerDate 21-MAR-2001 01:21 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.008 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2607 commercials and broadcast them at a fied time slot. During the height of the 2000 To avoid having campaign ads pre- later time—in the case in New Jersey campaign, station ad salesmen routinely empted, candidates are forced to pay and Philadelphia markets, maybe at 3 took advantage of these special needs and prices above the lowest unit cost. Some a.m., as opposed to prime time. To steered candidates toward paying high pre- 78 percent of the political ads on miums for ‘‘non-preemptible’’ ad time. guarantee that an advertisement is An Explosion of Issue Advocacy Ads WNBC, a New York network affiliate— shown at a particular time, candidates Caused Spikes in All Ad Rates. The biggest one of the prime spots for placing your are forced to pay premium rates. These change in the marketplace of political adver- ads in the New York media market— premiums have increased the price of tising in recent years has been the explosive were purchased at a rate higher than on-air time dramatically. growth of party and issue group advertising; the lowest published candidate rate for Not long ago, the Alliance for Better in 2000, it accounted for roughly half of all those timeslots in the fall of 2000. You Campaigns issued a report entitled political ad spending. These ads are not enti- will see here: WNBC—78 percent. ‘‘Gouging Democracy.’’ tled to LUC protection. In markets where So we compare it equally with Phila- there were highly competitive races, stations I ask unanimous consent that the ex- doubled and sometimes tripled issue ad rates delphia, where you also have to run in ecutive summary of this report be in the campaign’s final weeks. This had a New Jersey, and 91 percent of the ads printed in the RECORD. tail-wags-dog effect on the pricing of can- were sold at or above those lowest unit There being no objection, the mate- didate spots. The intention of the LUC sys- costs. rial was ordered to be printed in the tem is to peg candidate rates to volume dis- It is critical to remember that the RECORD, as follows: count rates for product ads. But in 2000, can- public owns the airwaves. They are li- EXECUTIVE SUMMARY didates paid rates driven up by the demand censed to broadcasters but they belong spike created by the flood of soft money- Local television stations across the coun- to all of us. They are a public trust, funded issue advocacy ads. try systematically gouged candidates in the Some Candidates Were Shut Out of Air gifted to the broadcasters for commer- closing months of the 2000 campaign, jacking Time. The heavy demand for political ad cial use. up the prices of their ads to levels that were time squeezed some would-be candidate ad- The Television Bureau of Adver- far above the lowest candidate rates listed vertisers off the air. In some markets, tele- tising, based on estimates supplied by on the stations’ own rate cards. They did so vision stations either ran out of inventory or CMR MediaWatch, estimates that ad despite a 30-year-old federal law designed to refused to sell air time to down-ballot state revenues for the broadcast television protect candidates from such demand-driven and local candidates. These candidates are stations in 1999 exceeded $36 billion. price spikes. The stations apparently did not entitled to lower ad rates than issue groups break the law; rather, they exploited loop- Seemingly, the public spectrum has and parties, but, unlike candidates for fed- proved profitable for the television holes in a law that has never worked as in- eral office, they are not guaranteed access to tended. In 2000, this so-called ‘‘lowest unit paid ad time. broadcasters: $36 billion. Consequently, charge’’ [LUC] safeguard for candidates was Political Ad Sales Were at Least $771 Mil- it is not unreasonable to ask the sta- overrun by the selling practices of stations, lion . . . Stations in the top 75 media mar- tions to make time available so can- the buying demands of candidates, the sharp kets took in at least $771 million from Jan. didates can communicate with the vot- rise in issue advocacy advertising and the 1 to Nov. 7, 2000 from the sale of more than ers. unprecedented flood of hard and soft money 1.2 million political ads, almost double their An article by David Broder appearing into political campaigns. 1996 take of $436 million. As a result, political advertisers spent five in yesterday’s Washington Post drives . . . and May Have Hit $1 Billion. The $771 home the underlying motivation for times more on broadcast television ads in million figure is a conservative estimate. It 2000 than they did in 1980, even after adjust- covers ad spending on the 484 stations in the this amendment. I ask unanimous con- ing for inflation. The candidates made these nation’s 75 largest markets, but excludes the sent the article be printed in the payments to an industry that has been ad dollars spent on roughly 800 stations in RECORD. granted free and exclusive use of tens of bil- the nation’s 135 smaller markets. It also fails There being no objection, the article lions of dollars worth of publicly owned spec- to account for the spike in ad rates that oc- was ordered to be printed in the trum space in return for a pledge to serve curred close to Election Day. Some Wall RECORD, as follows: the public interest. In 2000, the broadcasters Street analysts estimate the actual political [From the Washington Post, March 20, 2001] treated the national election campaign more ad revenue total was closer to $1 billion. WHERE THE MONEY GOES ... as a chance to profiteer than to inform. While Profiteering on the Surge in Polit- Their industry has become the leading cause ical Spending, Stations Cut Back on Cov- (By David S. Broder) of the high cost of modern politics. erage. Even as it was taking in record reve- The Sunday television talk shows were fo- This study is based on a comparison of po- nues from political advertisers, the broad- cused on campaign finance reform, but no litical advertising sales logs and rate cards cast industry scaled back on substantive one was rude enough to suggest that TV at 10 local television stations; an analysis of coverage of candidate discourse. Throughout itself is at the heart of the problem. The political advertising costs at all stations in the 2000 campaign, the national networks same subject is conspicuous by its absence in the top 75 media markets in the country; and and local stations offered scant coverage of the campaign finance debate now underway interviews with Democratic and Republican debates, conventions and campaign speeches, in the Senate. For a change, the lawmakers media buyers, television station ad sales prompting veteran ABC newsman Sam Don- are arguing seriously how to regulate the managers and officials at the Federal Com- aldson to remark that his network evening money coming into politics from business, munications Commission. Its key findings: news political coverage had ‘‘forfeited the labor and wealthy individuals. But they are Candidates Paid Prices Far Above the Low- field’’ to cable. The industry also fell far ignoring where that money goes. est Published Rate. In the final months of short of a proposal by a White House advi- Voters I’ve interviewed seem to think this Campaign 2000, federal, state and local can- sory panel, co-chaired by the president of money goes into the coffers of the political didates paid ad rates that, on average, were CBS, that stations air five minutes a night parties or into the pockets of the politicians. 65 percent above the candidates ‘‘lowest unit of candidate discourse in the closing month In fact, the parties and the candidates are charge’’ rate published in the stations’ own of the campaign. In the month preceding the middlemen in this process, writing rate card, according to an audit of ad logs at Nov. 7, the national networks and the typ- checks as fast as the contributions arrive. 10 local stations across the country. The 10 ical local station aired, on average, just a Many of the checks go to broadcasters for stations are major network affiliates in minute a night of such discourse. This mini- those 30-second ads that, in the final weeks large markets; in total, they aired more than mal coverage increased the pressure on can- of a campaign, fill the screen during the 16,000 candidate ads. didates to turn to paid ads as their only way breaks in local news shows and popular Stations Steered Candidates Toward Pay- of reaching the mass audience that only prime-time series. ing Premium Rates. Television stations broadcast television delivers. A report earlier this month from the Alli- made their lowest candidate rate unattrac- ance for Better Campaigns, a bipartisan pub- tive to candidates by selling ads at that rate Mr. CORZINE. According to this re- lic interest group critical of the broad- with the proviso that they could be bumped port, the cost of political advertising casters, said that ‘‘stations in the top 75 to another time if another advertiser came last year was $771 million, more than media markets took in at least $771 million forward with an offer to pay more. The LUC doubling the cost just 8 years ago in . . . from the sale of more than 1.2 million system is supposed to ensure that candidates 1992. That is up from $375 million to al- political ads’’ last year. If the figures for sta- are treated as well as a station’s most fa- most $800 million. That is a conserv- tions in the 135 smaller markets were added, vored product advertisers (e.g., the year- ative estimate. The fact is, media costs it’s estimated that the total take probably round advertiser who buys time in bulk and would be counted at $1 billion. receives a volume discount). But unlike most simply are growing out of control. That reality is being ignored as senators product advertisers, candidates operate in a This is a chart I would like to see for debate rival measures, all of which have a fast-changing tactical environment and need earnings of a company I formally rep- common feature—reducing the flow of con- assurance that their ads will run in a speci- resented. tributions that pay the campaign television

VerDate 21-MAR-2001 02:42 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.010 pfrm03 PsN: S21PT1 S2608 CONGRESSIONAL RECORD — SENATE March 21, 2001 bills. Common sense tells you that if the TV we should guarantee free air time for to use this story to make a point. It is bill remains that exorbitant, politicians will public debate. I agree, but for today we a story about a group who has gathered continue the ‘‘money chase’’ under any rules argue only for TV time at the lowest to fund certain political campaigns. It that are in place. But that fact is suppressed in Senate de- cost per unit. That is all this amend- says they met in a conference room, 40 bate for the same reason it was ignored on ment does. It requires broadcasters to business executives, investors, wealthy the TV talk shows: fear of antagonizing the make time available on a folks gathered at a law firm conference station owners, who control what gets on the nonpreemptable basis at the lowest room, and they had some candidates air. cost offered to anyone for that time pe- come in and they would make presen- The influence that broadcasters exercise in riod, and it requires the FCC to con- tations to the gathered potential do- their home markets is reflected is the power duct periodic audits to ensure compli- nors. Then the donors would score their lobbyists wield in Washington. That is them, 1 to 10, and determine who was the main reason the major proposals before ance. the Senate—one sponsored by Sens. John This does nothing more than enforce best, who were the best candidates. McCain and Russ Feingold and the other the original intent of Congress when it It was like a beauty contest without crafted by Sen. Chuck Hagel—have no provi- first required broadcasters to make the bathing suits or good looks, I sions aimed at reducing the TV charges. In- time available at the lowest unit rate. guess. You have the candidates come in stead, they focus on the high-dollar ‘‘soft This simple but powerful reform poten- this law office conference room, make money’’ contributions to the political par- tially will bring sanity to the cost of their presentation, and they get a score ties. McCain and Feingold would eliminate of 1 to 10. Apparently after the can- them; Hagel would limit their size. 21st century campaigns. I urge my colleagues, as Senator didates have made this presentation, The soft-money exemption from the con- this group of investors would decide tribution limits that apply to other gifts to TORRICELLI has before me and others candidates and parties was created in order will after, to support this amendment. who they were going to support. In this to finance such grassroots activity as voter The PRESIDING OFFICER. The Sen- case, the story was about a Member of registration and Election Day turnout. But ator from Connecticut. Congress now who went to this con- now most of the soft money is converted into Mr. DODD. Mr. President, I am about ference room, made a presentation, TV issue ads, indistinguishable for all prac- to yield to my colleague and friend, scored in the 10s, I guess, and then this tical purposes from the candidates’ election- Senator DORGAN, but I wish to com- group of 40 people said: You are our eering messages. mend both of our colleagues from New guy. What we are going to do is, we are The National Association of Broadcasters going to do a couple of hundred thou- denies the Alliance for Better Campaigns’ Jersey—Senator TORRICELLI for being charge of price ‘‘gouging’’ in the last cam- the lead sponsor of this amendment sand dollars worth of television adver- paign. But there are no discounts for issue and Senator CORZINE and others for tising for you—independent issue ads— ads; they are sold at whatever price the mar- their cosponsorship of it and to Sen- and then, second, we are going to bun- dle some money and get you a couple of ket will bear. And the heavy volume of issue ator CORZINE for some excellent re- ads drove up the cost for all TV spots in the marks on the purpose of this amend- hundred thousand dollars in checks. weeks leading up to Election Day, including So this little beauty contest produces ment. those placed by candidates, thus fueling the $400,000 for a candidate. The group I will take some time later on this money chase. evolved from a small core of Wall morning to address the substance of Whether the McCain-Feingold bill, or the Street bigwigs led by so-and-so. Their Hagel substitute, or some blend of the two is the amendment, but I commend both of goal is to target large sums of money passed, campaign cash will continue to flow my colleagues for their efforts. This is to specific kinds of candidates who to those television stations—and they will very well thought out. The point Sen- continue to charge the candidates and par- come in and survive this little beauty ator CORZINE made that we sometimes ties what the traffic will bear. contest they have. For years, some reform advocates have ar- forget is that these are public airwaves Do we need campaign finance reform? gued that no new law will be effective unless which we license people to use for com- Of course we do. That is just one evi- the cost of television can be brought down. mercial purposes. Nothing is more im- dence of the desperate need for cam- McCain, in fact, has drafted a bill that would portant than making people aware of paign finance reform. You bet we need require the broadcasters—in return for their the choices, both issues and sub- it. I support the McCain-Feingold bill. use of the public airways—to contribute per- stantive choices as well as political haps one percent of their earnings to finance I admit it is not perfect. I might have choices that they make in national, written some sections differently. It vouchers that the parties and candidates local, or State elections. We can’t say would convert into payment for TV spots. may need to be changed some. But it is Estimates are that it would go a long way anything about local or State elec- a piece of legislation this Congress toward eliminating the need for private tions, but we can about national—Fed- ought to embrace. funding of the TV side of campaigns. eral elections. Fifty years ago we effectively had no But McCain does not plan to offer this as I think Senators TORRICELLI, rules with respect to campaigns. There an amendment during the current debate, CORZINE, DORGAN, and DURBIN have hit were no limits, no reporting require- fearing that the broadcasters’ lobby would on a very important point if this bill is ments, and there was an exchange of turn enough votes to kill the underlying bill. to do truly what its authors intend it It is possible that other senators may offer money in this town in paper bags or en- amendments designed to reduce the need for to do. velopes; it could be in cash. The billion-dollar political TV budgets, but their I yield 15 minutes to Senator DOR- amount of money was donated and un- prospects are poor. GAN. reported. The reality is that any measure that be- The PRESIDING OFFICER. The Sen- Was that a system that worked? Of comes law without such a provision is likely ator from North Dakota. course not. That desperately needed to to be no more than a Band-Aid. As long as Mr. DORGAN. Mr. President, I say to be changed and it was in the early broadcasters can continue to treat politics Senator TORRICELLI and my other col- 1970s. We had the reforms of 1974 that as a profit center, not a public responsi- leagues who have cosponsored this bility, the money will have to come from tried to establish certain limits and somewhere to pay those bills. The current amendment, they have done a real tried to establish certain reporting. In debate focuses too much on the people who service, in my judgment, in this de- many ways it worked, in some areas, write the checks. It’s time to question, as bate. This is an amendment that can but in other ways it has not worked. well, where the money goes. hardly be opposed by Members of the Money and politics are like water find- Mr. CORZINE. He writes: Senate. It makes so much sense and is ing a hill. They run downhill inevi- Common sense tells you that if the TV bill so overdue. tably. remains . . . exorbitant, politicians will con- Let me begin in a more general way There is in this political system, tinue the ‘‘money chase’’ under any rules talking about campaign finance reform rather than a competition of ideas is, that are in place. and then describing why this amend- which is what democracy ought to be This amendment seeks to lower the ment is critical to the success of this about, a mad rush for money in order cost of television to reduce that money effort. to pay the costs of television adver- chase by lowering the amount of This Saturday there was a story in tising, which has become the mother’s money necessary to run for election. one of the major city newspapers in milk of politics. What has happened to Many would argue if we truly want to this country. I do not think I will iden- their competition of ideas in this bliz- get rid of this money chase in politics, tify the people in the story, but I want zard of television advertising? Ideas are

VerDate 21-MAR-2001 02:42 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.005 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2609 almost gone, nearly obliterated. The I am told that the two Federal races outstanding presentation. He has done orgy of 30-second advertisements in paid almost exactly double for about his homework, as I described, with one this country is a slash-and-burn and the same time on the television sta- of my colleagues. He has made a very hit-and-run negative attack, often by tions in North Dakota in the year 2000. effective presentation of why this is nameless and faceless people, in many This isn’t just about big markets, it necessary. cases by organizations that are not is about every market, and it is about Let me make an additional point part of political parties. They are inde- the television industry deciding it is about the television industry. I think pendent organizations collecting un- going to profit as a result of being able the television industry does some aw- limited money from donors who are un- to ignore, effectively, a provision that fully good things in our country, and disclosed. exists in law requiring the sale of tele- all of us take advantage of it almost Do we need campaign finance reform? vision advertising at the lowest rate on every day. And we appreciate the good Darned right, we do. This system is out the card for political advertising. things they do. But, as we know, the of control. I happen to think we ought to do television industry was provided a In this morning’s Washington Post more in reform with respect to adver- spectrum. The public airwaves were there is a columnist who really makes tising. I know some think this would given to broadcasters free on the condi- the case about, what we need in poli- be too intrusive. But, as I indicated, I tion they serve ‘‘the public interest, tics is more money, that we just need think political campaigns ought to be a convenience, and necessity.’’ more money in this political system. I competition about ideas. They ought to According to a study by the Norman wonder, has this person been on some be about competing ideas of what we Lear Center at the University of kind of space flight somewhere? Did need to do in this country to make this Southern California, during the 2000 the shuttle take him up, and have they a better place in which to live. They campaign the typical local television gone for the last 10 years? Could they have instead become this machine gun- station in a major market aired just 45 not have failed to see in September and fire of 30-second advertisements. seconds of the candidate’s second dis- October—and even before in every elec- I would like to see at some point that course per night during a month before tion year, especially last year—the we require the lowest rate on the rate November 7. Why? They know what blizzard of advertisements, the 30-sec- card to be offered to those who pur- sells on the news. They are chasing am- ond ads in every venue of every kind? chase a 1-minute ad, require the tele- bulances, they are not covering polit- Our political system doesn’t need vision industry to sell ads in 1-minute ical campaigns. more money. In fact, what has hap- increments, and require the candidate There were stories about this in the pened—and I think that is what has to appear on the ad three-fourths of the last campaign. Too often television prompted this amendment—is that time of the 1-minute ad. That would stations decided they weren’t going to politicians have become collectors of really require people to use television put campaign news in the news strip, money in order to transfer the money advertising to tell the American people let people buy it, and at the same time to television stations that become the what they are about. If they want to on the commercial side of the station large beneficiaries of this new system criticize their opponent, good for them. they were jacking up the price of their of ours. But they would have to do it in person ads and preventing candidates from ac- My colleague, Senator TORRICELLI, on the air. has offered an amendment that says I think that would really change a cessing the lowest unit cost. I think on the issue of public inter- the television stations in this country lot of political advertising in this est, convenience, and necessity, we have a responsibility to do what the country, and I think America would be law says they should do—that industry better served to have positive debate have a ways to go in the television in- has a responsibility to sell political about what the candidate stands for; dustry dealing with the coverage of po- time for political advertisements to one would stand for one set of ideas, litical campaigns. Major broadcast networks performed candidates at the lowest rate on the and the other would stand for another only slightly better—airing just 64 sec- rate card. But that has not been hap- set of ideas; and let people make a pening. What has happened in the com- choice. But these days, that is not onds a night of a candidate’s discourse munications business—especially tele- what you have. You have a rush to try per network, according to an vision and radio—is a galloping con- to destroy one candidate by the other, Annenberg Public Policy Center report. The question is, How are the Amer- centration and mergers. Since the 1996 and in many cases we are seeing ex- ican people to gather information Telecommunications Act, we have seen penditures and unlimited money com- a rash of mergers and large companies ing from undisclosed donors. That about the competition of ideas that becoming larger. In virtually very doesn’t serve this political system at ought to exist in the political race over State, there are fewer television sta- all. the newscast? Hardly. The news indus- tions owned locally, and more are My colleague says let us at least try, including the networks, is not cov- owned by large national combines. solve this problem by adding to the ering most of these campaigns. And Guess what happened. The result is McCain-Feingold bill. As I indicated local stations have decided increas- they make decisions now about the ad when I started, I support the McCain- ingly that there is a menu for their prices and the rate cards they are Feingold legislation because I think it nightly news, and they understand ex- going to use for politics. They are is a significant step in the right direc- actly what it is. It is often dealing with maximizing their revenue from the po- tion. But it will be incomplete if we do crime, even while crime goes down. litical income in this country. not add this amendment because this Incidentally, there are wonderful My colleague described what is hap- amendment will finally tell the tele- studies about this which show de- pening in New Jersey. I think that is vision industry: You must do what the creased crime rates and increased view- important, because he describes the law requires. Here is exactly what Con- ing of stories about violent crime on substantial increase in costs of tele- gress says the law has required for the nightly news because that is what vision advertising for political pur- some long while that you have gotten sells. poses in New Jersey. away from doing. If we don’t do this, It is time for us to ask for something Let me describe what happened in we will not see an abatement to this better and something different from North Dakota. The advertisement that mad rush for money and the require- the television industry. In this cir- cost a mere $290 in 1998 to clear an ad ment that those who are involved in cumstance, we are simply asking them on four NBC stations in western North politics collect funds in order to trans- to do what we believe the law has re- Dakota—remember that this is a fer those funds to the television sta- quired them to do but what they have sparsely populated area, and the rates tions that are now charging double and been refusing to do in recent years, and are much different from in New Jersey triple for the advertising that is re- that is to sell 45 days before a primary and New York—but a $290 or $300 adver- quired in America politics. and 60 days before a general election to tisement 2 years go sold at $753 last I really believe this is a critically im- candidates for public office at the low- fall, nearly tripling the advertising portant amendment. est unit charge of the station for the rates of the television stations in a I must say my colleague from New same class and amount of time for the small State such as North Dakota. Jersey, Senator TORRICELLI, made an same period as for the commercials

VerDate 21-MAR-2001 01:21 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.014 pfrm03 PsN: S21PT1 S2610 CONGRESSIONAL RECORD — SENATE March 21, 2001 that are aired on those stations. That columnist. Let me begin by quoting ‘‘It’s a beautiful thing.’’ ‘‘It’s like is what the requirement is. those arguments. I quote: Santa Claus came.’’ It is what they have not been doing, The reality is being ignored— It is not by chance that we come and it is what Senator TORRICELLI and That is in dealing with McCain-Fein- today making this argument. There Senator CORZINE, Senator DURBIN, I, gold— has been a calculation by television and others say it is time to be required networks to take advantage of this po- as senators debate rival measures, all of to do. which have a common feature—reducing the litical system and this fundraising to So I am pleased today to support this flow of contributions that pay the campaign maximize their profits. amendment. I think it is a very impor- television bills. Common sense tells you that There are arguments going on in Sen- tant amendment, and I am especially if the TV bill remains that exorbitant, politi- ators’ offices as we speak. Papers are pleased my colleague, Senator cians will continue the ‘‘money chase’’ under being circulated, as I have suggested, TORRICELLI, has taken the lead to offer any rules that are in place. in the absence of any Senators coming it today. Exactly. Further: to argue against this amendment. Mr. President, I yield the floor. The reality is that any measure that be- Stealth arguments are being made to The PRESIDING OFFICER. Who comes law without such a provision— Senators’ offices. Let me go through a yields time? Parenthetically, that meaning the few of these arguments for a moment. Mr. DODD. Mr. President, let me in- cost of television— The National Association of Broad- quire, how much time remains on the is likely to be no more than a Band-Aid. As casters is arguing, first, that we are proponents’ side? long as broadcasters can continue to treat going down the slippery slope of free The PRESIDING OFFICER. Seven- politics as a profit center, not a public re- time. teen minutes 45 seconds. sponsibility, the money will have to come My colleagues, there is no amend- Mr. DODD. How much time remains from somewhere to pay those bills. The cur- ment before the Senate requiring free on the other side? rent debate focuses too much on the people time. Indeed, there could be an argu- The PRESIDING OFFICER. Ninety who write the checks. It’s time to question, ment for it. All of our European allies, minutes. as well, where the money goes. in every other industrial democracy in Mr. DODD. May I inquire of my col- That is the heart of the argument for the world, broadcasters are required to league from Kentucky—if I could inter- this amendment. provide free time to help the public de- rupt for 1 second—we are down to Where does the money go? Mr. bate. We are not doing that today. It about 17 minutes on the proponents’ MCCAIN and Mr. FEINGOLD deal with would be warranted, but it is not being side. Will my colleague from Kentucky the demand for money. We are dealing argued. be willing at some point to yield us a with the supply of the advertisements. We are simply requiring that the law little time if we need it? This is an equation that inevitably read as many Senators believe it al- Mr. MCCONNELL. Mr. President, I must be dealt with together in the bill. ready exists—lowest unit cost. We are would be happy to yield some time. I It has been noted by my colleague, closing a loophole in the current law. am unaware of speakers at the moment Senator CORZINE, of our experience in Second, the National Association of in opposition to the Torricelli amend- the New York metropolitan area, al- Broadcasters is arguing in Members’ ment. There may be some. Actually, I though indeed we do so simply because offices that: Candidates already receive know of one who wants to speak. He is we are the most familiar with it. The a 30 percent discount on regular com- not on the floor at the moment. So we arguments we are making about New mercial ad rates. Oh, my colleagues, if will be casual about time, and I will York and Philadelphia could be made only it were so. As I think we dem- make sure we can accommodate all in any market in the country, al onstrated earlier in my arguments, speakers. though I want, parenthetically, to deal that is a fiction. Candidates are not Mr. DODD. How much time does my with how the networks are approaching getting 30 percent. Yes, that is the law. colleague want? political campaigns today, not as a re- That is what should be happening. But Mr. TORRICELLI. Let me inquire. sponsibility to enhance communication as we have demonstrated—in Min- We have several colleagues who want but as an economic opportunity. neapolis, 95 percent of advertising is to speak on behalf of the amendment. It should be noted that of the 10 sta- now being done at commercial rates, 4 While I want to speak, I do not want to tions that made the most money from percent is at lowest unit rate; in De- take all the time that remains. So I am political advertising in the year 2000, troit, 8 percent is at lowest unit rate; under the Senator’s guidance. three are in New York: NBC, ABC and in Philadelphia, 9 percent; in San Fran- Mr. DODD. Why not take the time CBS; two are in Philadelphia, WPVI cisco, 14 percent; in Las Vegas, 38 per- the senator’s need, and I am confident and WCAU. They range from WNBC in cent; in Seattle, 9 percent. my colleague from Kentucky will yield New York, which placed $25 million of No, National Association of Broad- us some time if we need it. advertising, and in Philadelphia with casters, you are not providing a 30-per- Mr. MCCONNELL. I say to my col- $11 million for WCAU. It is best de- cent discount. That is the exception. league from New Jersey, I am not ex- scribed by the sales director at the CBS The rule is, you are price gouging. You actly swamped with speakers request- affiliate in Philadelphia as ‘‘the best are charging commercial rates—con- ing time. I will be glad to work with year we’ve had in forever.’’ trary to current law. the Senator to have adequate time. Why was it the best year and why all Third, arguing that: This has a fun- Mr. TORRICELLI. I thank the Sen- this excitement? damental, constitutional problem. ator very much. Let me quote from an article by Paul There is no constitutional problem. At this point, I want to deal with sev- Taylor, former Washington Post polit- First, we have had, for more than 30 eral of the questions that have been ical reporter. Quoting the CBS affiliate years, the requirement that ads must put before the Senate. In the absence of in Buffalo, WIVB-TV, Patrick Paolini, be sold at the lowest unit rate. We are anyone coming to the Senate floor to general sales manager, who said: not doing anything new. We are closing confront the overwhelming logic of our We’re salivating. No question it will be a loophole in current law. If there is a amendment, I want to deal with the huge as far as ad revenue [is concerned] . . . constitutional argument now, then stealth arguments being presented in It’s like Santa Claus came. It’s a beautiful there has been a constitutional argu- Senators’ offices. Even though no one thing. ment for decades; and it has never been will rise in defense of this indefensible He was not talking about the quality raised before, although, frankly, even if cause of the networks, nevertheless, of the debate. ‘‘Santa Claus coming’’ it had been, it would have failed. there are silent arguments being was not about substantive arguments The fifth amendment’s taking chal- waged. I will debate those even if there to help the people of New York. He was lenge would fail in this provision. is not someone in person to do it. talking about the prospects of HILLARY There is no right to a grant of a license As some of my colleagues have noted, RODHAM CLINTON running for the Sen- or property interest in the use of a fre- some of the most effective arguments ate and the potential revenues, recog- quency. The networks have a public li- were actually made yesterday in the nizing the expenditures in a Clinton cense to use the public frequencies for Washington Post by David Broder, the Senate campaign. ‘‘We’re salivating.’’ their network business. There is no

VerDate 21-MAR-2001 02:36 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.016 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2611 constitutional right to it. You apply of the Senate and pointing out the fal- Reducing the cost of television time for a license, and you can get that li- lacy of those arguments. will have the very beneficial effect of cense subject to conditions. Public re- The facts are inarguable, when you reducing the impact of the loss of soft sponsibility is one of those conditions. look at the rates that are being money on the ability of candidates to Selling air time for the public debate charged in major markets all across legitimately get their message out. at a reasonable cost is another condi- the country. It goes back to the heart The parties will only have hard money tion. That has always been a condition. of the bill. As we are trying to keep to spend. For that reason, it is appro- Under section 304 of the Communica- down costs, for many of us it runs priate to allow them to use the lowest tions Act of 1934, broadcasters are re- somewhere around 75 or 80 cents on the unit rate as well. quired to ‘‘waive any claim to the use dollar that is spent on TV advertising. The fact is, this amendment can help of any particular frequency or electro- It varies from State to State, I am make the legislation work. This magnetic spectrum as against the regu- sure, but that is not an unrealistic amendment will help the parties to ad- latory power of the U.S.’’ There they number in modern campaigns to spend just to the new world of fundraising for have waived the constitutional right to that much of a campaign dollar on TV only hard money, and it will help can- claim that the spectrum must be used advertising, considering how much the didates have the sufficient resources to for public purposes. public relies on television for its respond to ads that will still be run by In Federal Communications Commis- sources of information. outside groups. sion v. Sanders Bros. Radio Station, a If we are truly trying to put the Some of the concerns about all the court decision, the Supreme Court of brakes on the ever-spiraling cost of money that would flow to the outside the United States interpreted this pro- campaigns, as my colleague from Wis- groups are overblown. I don’t think all vision to mean that: consin has eloquently described, there the money will flow. It is false that all No person is to have anything in the na- is no natural law that I know of which the corporations will give their money ture of a property right as a result of grant- says that the costs of campaigns ought in that way. The fact is, there still will ing a license. to continue to rise at the rate they be these ads and people will still need There simply is no constitutional have been rising over the last few to respond. The Torricelli amendment right impaired by asking these reduced years. Trying to do something about does make it possible for people to rates. cost as well as the amount of dollars have that ability to respond through Finally, the broadcasters are argu- that are raised is the second part of the legitimate, controlled, regulated, ing, in correspondence to our offices, this equation. and disclosed hard money system. that broadcasters should not bear the If we are making the case that we Like the soft money ban in this bill, burden of campaign reform. Why not? don’t need more money in politics, that the amendment will take our election Isn’t dealing with the campaign fi- case is more easily made if we are able law back to its original intent. The nance problems of the country to demonstrate that we can reduce the soft money ban reinvigorates the cen- everybody’s responsibility? We are say- cost of trying to speak to the American tury-old prohibition of corporate ing that candidates for public office public about what our views are, what spending in connection with Federal should no longer avail themselves of their choices are, as we encourage peo- elections. Lowest unit rate, on the ple to participate in the electoral proc- soft money, should abide by certain other hand, was intended to give can- ess. rules. Why indeed should broadcasters didates a significant discount for ad- I thank our colleagues, the authors vertising so they could get their mes- not bear some of the responsibilities? of this amendment, for offering the Do they not have public licenses? Do amendment and making the case they sage out. The practice of having they not have responsibility to air the have. I know our colleague from Illi- preemptible and then, on the other news fairly, cover campaigns, to inform nois, who is a cosponsor of the amend- hand, nonpreemptible classes of time the public? Should they be allowed to ment, wants to be heard. I see my col- was not contemplated by the lowest price gouge? league from Wisconsin. Maybe he unit rate statute. What this amend- They make the argument: What would like to take a couple minutes be- ment does is bring the LUR back to about newspapers? Shouldn’t news- what the Congress intended it to be. fore Senator DURBIN arrives. I yield a papers bear this responsibility? I don’t couple of minutes to the Senator from In my mind, it is very similar to know a newspaper in America that Wisconsin. what the soft money ban does. It takes deals with a Federal license, nor are Mr. FEINGOLD. I know the Senator us back to where we were supposed to newspapers under the same cir- from Illinois is coming. I will take a be. We are talking in both cases about cumstance of a market that will only moment or two. I appreciate the Sen- loopholes that have helped destroy an permit so many newspapers. The spec- ator from Connecticut giving me the entire system that actually was pretty trum has limited the number of tele- time so I can indicate my support for well thought out. But loopholes do vision stations; hence, the FEC’s re- this amendment. I think I can speak occur, and this amendment helps us quirements and Federal law. for the Senator from Arizona as well. close them. These National Association of Broad- We are going to support this amend- The Senator from New Jersey al- casters arguments are an insult. They ment. ready did a fine job on this. I reiterate, confirm the arrogance with which the The Senator from New Jersey has this is not a slippery slope. This is not networks are approaching Federal cam- laid out the substantive arguments the next step to free time. I wish it paigns, the arrogance that is leading to very persuasively. I wish to say a word was. There ought to be free time for avoidance of Federal responsibilities, or two about how this amendment re- candidates. There ought to be reduced the selling at lowest unit rate cost, or lates to our overall McCain-Feingold television costs, but LUR is not free the raising of these extraordinary ar- bill and why it is very consistent with time. The original McCain-Feingold guments without merit. reform. The Senator from Connecticut bill, when Senator MCCAIN and I first That is the sum and substance of the has already mentioned this, pretty came together to work on a bipartisan case they are making. To the credit of much foreshadowing what I will say. basis, was about voluntary spending my colleagues, they are so meritless in The most important point is that the limits in return for reduced costs for their points that no one will actually amendment compliments the soft television time. That is something we argue their point of view. Hence, I money ban. The bottom line of our leg- were unable to get a majority of the challenge them alone. islation is, we have to get rid of this Senate to support. That is not what We have other colleagues who have party soft money that is growing expo- this amendment does. This amendment come to the floor to make their case. I nentially. The reality, though, as the simply makes LUR effective and useful yield the floor. Senator DURBIN will be Senator from New Jersey has pointed in practice for candidates. available to speak to the Senate. out, is that in a post-soft-money world, I thank the Senator and appreciate Mr. DODD. Mr. President, I commend the amount of money available for a his very serious involvement in this my colleague from New Jersey, once candidate in party advertising will be campaign finance debate and, in par- again, for raising the arguments that significantly reduced. That is how it ticular, for this amendment that, as I are being circulated around the offices should be. That is what we must do. indicated, Senator MCCAIN and I tried

VerDate 21-MAR-2001 01:41 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.021 pfrm03 PsN: S21PT1 S2612 CONGRESSIONAL RECORD — SENATE March 21, 2001 for 5 years to finally get this bill on In April 1999, Common Cause, McCain’s pleased there have been no such the floor. We always said we have our strongest collaborator, made much of the charges made during this debate. It ideas, but we believe that if this bill is fact that from 1989 through 1998 the National produces an atmosphere that makes it Rifle Association had contributed $8.4 mil- brought to the floor of the Senate, the lion to congressional campaigns. However, more likely that we can better legis- Members of the Senate will make it a that was just two-tenths of one percent of late. better bill. Every one of us is an expert total spending ($4 billion) by congressional This is the second amendment offered on this issue. If we come out and have candidates during that period. How plausible in the last 24 hours that I think ad- an honest, open debate as we are hav- is it that NRA contributions—as distinct dresses some of the real problems in to- ing now, it will get better. The from the votes of 3 million NRA members— day’s campaign finance reform debate. Torricelli amendment is proof of that influenced legislators? The first problem that we addressed Common Cause made much of the fact that proposition. in the 10 years ending in November 1996, yesterday was the problem of the mil- The PRESIDING OFFICER. The Sen- broadcasting interests gave $9 million in lionaire candidate. It passed 70–30. It ator from Kentucky. hard dollars to federal and state candidates was an excellent amendment by Sen- Mr. MCCONNELL. Mr. President, I and in soft dollars to parties. Gosh. Five ator DOMENICI and Senator DEWINE and yield myself whatever time I may use. election cycles. Changing issues and can- Senator DURBIN that actually addresses I assure my colleagues from Con- didates. Rival interests within the industry a real problem we have in today’s cam- necticut and from Illinois it will be (e.g., Time Warner vs. Turner). And broad- paigns. casters’ contributions were only one-tenth of short. Now we have another amendment I have been very pleased by the de- one percent of the $9 billion spent by parties and candidates during that period. Yet, as that addresses a real problem. I com- bate so far on this subject and, frankly, Smith says, Common Cause implies that this mend the Senator from New Jersey for somewhat surprised. The comity in the minuscule portion of political money caused a thoughtful, well-researched, and, in Senate has been excellent. There has legislative majorities to vote for bills they my view, conclusive case, that the law been a total absence of unsubstantiated otherwise would have opposed, or to oppose that has been on the books for 30 years charges of corruption, which we had on bills they otherwise would have supported, requiring the broadcasters to sell can- the floor the last time this debate each time opposing the wishes of the con- didates time at the lowest unit rate came up. That is a step in the right di- stituents that the legislators must face again. ought to be complied with. None of us rection. As Smith says, to prove corruption one likes having to raise money. But it is On that subject, in today’s Wash- must prove that legislators are acting my view that it is better than getting ington Post, there was an interesting against their principles, or against their best it out of the Treasury. I assume we will article by George Will, a columnist. I judgment, or against their constituents’ debate later whether or not the tax- ask unanimous consent that the article wishes. Furthermore, claims of corruption payers ought to pick up the tab for our be printed in the RECORD. seem to presuppose that legislators should campaigns. If it is inconvenient for us, act on some notion of the ‘‘public good’’ un- There being no objection, the article it ought to come through our efforts, was ordered to be printed in the related to the views of any particular group of voters. not somebody else’s. RECORD, as follows: Although reformers say there is ‘‘too much As the Senator from New Jersey [From the Washington Post, March 20, 2001] money in politics,’’ if they really want to di- pointed out, and very persuasively, no DROPS IN THE BUCKET lute the possible influence of particular in- matter how many hours there are in a (By George F. Will) terests (the NRA, broadcasters, whatever), day, with the declining value of the they should favor increasing the size of the $1,000 contribution set in the 1970s, McCainism, the McCarthyism of today’s total pool of political money, so that any in- ‘‘progressives,’’ involves, as McCarthyism terest’s portion of the pool will be small. when a Mustang cost $2,700, and infla- did, the reckless hurling of imprecise accusa- And if reformers really want to see the ap- tion in the television industry, far be- tions. Then, the accusation was ‘‘com- pearance of corruption, they should examine yond the CPI—coupled with an appar- munism!’’ Today it is ‘‘corruption!’’ Pan- what their reforms have done, have tried to ent unwillingness that we have all ex- demic corruption of ‘‘everybody’’ by ‘‘the do and have not tried to do. perienced in our States of broadcast system’’ supposedly justifies campaign fi- Smith notes that incumbent reelection nance reforms. Those reforms would subject stations to cover campaigns in the rates began to rise soon after incumbents news—we are, in effect, blacked out in the rights of political speech and association legislated the 1974 limits on contributions, to yet further government limits and super- which hurt challengers more than well- terms of earned coverage. vision, by restricting the political contribu- known incumbents with established financ- The need for commercials is critical tions and expenditures that are indispen- ing networks. After 1974, incumbents’ fund- and essential. So what the Senator sable for communication in modern society. raising advantages over challengers rose from New Jersey is saying is, let’s The media, exempt from regulations they from approximately 1.5 to 1, to more than 4 apply the law, as originally written, advocate for rival sources of influence, are to 1. correctly. Give candidates for public mostly John McCain’s megaphones. But con- Early 1997 versions of the McCain-Feingold sider how empirically unproved and theoreti- and Shays-Meehan reform bills would have office an opportunity to get their mes- cally dubious are his charges of corruption. set spending ceilings—surprise!—just where sage across. I think it is an amend- What McCain and kindred spirits call cor- challengers become menacing to incumbents. ment, the passage of which is necessary ruption, or the ‘‘appearance’’ thereof, does Shays-Meehan set $600,000 for House races. if we are going to address one of the not involve personal enrichment. Rather, it Forty percent of challengers who had spent real problems in the current campaign means responding to, or seeming to respond more than that in the previous cycle won; finance system. to, contributors, who also often are constitu- only 3 percent of those who spent less won. This is something of a historic mo- ents. However, those crying ‘‘corruption!’’ In 1994, 1996 and 1998, all Senate challengers ment. I think Senator MCCAIN, Senator must show that legislative outcomes were lost who spent less than the limits proposed changed by contributions—that because of in the 1995 and 1997 versions of McCain-Fein- FEINGOLD, and I are going to be on the contributions, legislators voted differently gold. same side of an amendment. Come to from the way they otherwise would have There are interesting limits to McCain’s think of it, it is the second time. done. enthusiasm for limits. His bill does not in- I commend the Senator from Wis- Abundant scholarship proves that this is clude something President Bush proposes—a consin, also, for his consistent opposi- difficult to demonstrate, and that almost all ban on lobbyists making contributions to tion to amending the first amendment legislative behavior is explainable by the legislators while the legislature is in session. legislators’ ideologies, party affiliations or Such a limit would abridge the freedom of for the first time in 200 years. He and I constituents’ desires. So reformers hurling incumbents. Campaign finance reform is have been on the same side of that charges of corruption often retreat to the about abridging the freedom of everyone but issue over the years. This will be the charge that the ‘‘real’’ corruption is invis- incumbents—and their media megaphones. second time we have been on the same ible—a speech not given, a priority not Mr. MCCONNELL. It was on the side. I think it bodes well as we move adopted. That charge is impossible to refute whole subject of unsubstantiated forward in this debate. by disproving a negative. Consider some cor- In my judgment, we are actually im- ruption innuendos examined by Bradley charges of corruption. Smith, a member of the Federal Election In my view, as I have said in the proving this bill. I hope we will make Commission, in his new book ‘‘Unfree past, and repeat again today, when peo- other improvements as we go along. I Speech: The Folly of Campaign Finance Re- ple make those kinds of charges, they intend to support the Torricelli amend- form.’’ need to back them up. I am quite ment. I commend the Senator from

VerDate 21-MAR-2001 02:36 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.024 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2613 New Jersey for a completely well-re- special interests. I think they are on vision stations have become a killing searched, documented case that ad- the right track to clean up the money field, because they have taken the law, dresses one of the real problems we going into political campaigns. But the which said we are going to favor can- have in American politics in the year important thing to remember is that didates in public discourse of issues, 2001. just dealing with the supply side, if you and have turned it upside down so that Mr. President, I yield the floor. will, of political campaigns, the candidates, frankly, end up paying dra- The PRESIDING OFFICER. The Sen- sources of campaign contributions matically more than the lowest unit ator from Illinois is recognized. misses the point. rate. The cost to the campaign sky- Mr. DURBIN. Mr. President, I don’t Do you want to really reform polit- rockets, and then candidates, incum- know if I need specific time yielded. I ical campaigns in America? You can’t bents and challengers alike, scramble, ask for 20 minutes. even have a serious conversation about beg, and plead for people to give them The PRESIDING OFFICER. The time that, unless you address the role of tel- money so they can give it right back to of the proponents has expired. evision. Television used to be a tiny the television stations. Mr. MCCONNELL. I had yielded the part of political campaigns, but it has That is why the Torricelli amend- Senator 20 minutes. grown almost out of control. ment, of which I am a cosponsor, is so Mrs. BOXER. If my friend will yield Take a look at these numbers—polit- important. It addresses the demand for a moment, I wonder if the Senator ical advertising on broadcast tele- side of political campaigns—not just from Kentucky will give me 5 minutes vision. Starting in 1970, network ex- the supply side, where the money at the conclusion of Senator DURBIN’s penditures were $260,000. Come down to comes from, but how the money is time. I would appreciate it. the year 2000, 30 years later, and it is spent. Sadly, as we get closer to elec- Mr. MCCONNELL. I will be happy to $15 million-plus. Station TV used to be tion day and the demand for their TV do that. about $12 million in the 1970 cycle. Now ads goes up, these stations raise their The PRESIDING OFFICER (Mr. we are up to $650 million. The total ex- rates dramatically. BUNNING). The Senator from Illinois is penditure for the year 2000 was esti- A gentleman by the name of Paul recognized. mated to be some $665 million. Well, Taylor, who used to write for the Mr. DURBIN. I thank the Senator the Alliance for Better Campaigns Washington Post, created a group from Kentucky for graciously allowing came out and said it was going to be called Alliance for Better Campaigns. me to speak. between $771 million and $1 billion He enlisted the support of a lot of great Back in the early 1960s, Newt Minow, spent on television by political cam- people, such as former President Ford; of Chicago, was named Chairman of the paigns. former President Carter; Walter Federal Communications Commission So what we have, in fact, are efforts Cronkite, the legendary CBS news com- by President John Kennedy. He came by candidates of both political parties mentator; and a former Senator from up with a phrase to characterize tele- to raise money to give to television Illinois, Paul Simon. vision at that moment in our history, and radio stations in an effort to get This public interest group said let’s which has become legendary. Newt your message out to the American peo- take a look at television with regard to Minow called television in the early ple. When we created these stations public information and whether it is 1960s, ‘‘the great wasteland.’’ He took a and we acknowledged that the public doing its job. I was in one of their look at what was available on tele- owned the airwaves, we also said when meetings in Chicago. They brought in vision and suggested that the Amer- it came to political advertising, can- the managers of TV stations and said: ican people deserved better. It trig- didates would be treated differently We noticed you are not covering cam- gered a national debate for reform and than other advertisers—something paigns, unless the candidates pay for creative thinking about the role of tel- called the lowest unit charge. We basi- it, on your stations. What Mr. Taylor evision. cally said that if there was a bargain at did was to invite the radio and TV sta- I say today, if you look at the role of the TV station, the bargain should be tions to take a 5-minute segment dur- television in this debate on political given to the political candidate. That ing the last week or two of the cam- campaigns and public issues, television is in the interest of sharing informa- paign and make it available for some is not just a great wasteland, television tion on public issues, but also in keep- public debate and public discourse has become a killing field because the ing the cost of political campaigns about the issues. people who run the television stations, under control. Sadly, after we take a look at the the networks and local broadcasters, But, sadly, though the law required, participation in it, very few stations have forgotten the bottom line: their as of 1971, that the lowest unit charge got involved in Mr. Taylor’s request. responsibility to the American people. be charged to candidates in their cam- Let me tell you some of the statistics You see, they are selling a product. It paigns, the fact is that candidates are they developed. The political coverage is something they create; it is pro- paying more and more. Why? Because of these stations shows the result of an gramming—the types of things we like if you go to a television station in Chi- analysis of political ad costs in all top to watch on television, such as sports, cago, or in Springfield, IL, and say you 75 media markets. news, and entertainment. But their want to buy a 30-second ad right before The alliance advocates scrapping the business is different than any other. the newscast the night before the elec- lowest unworkable lowest unit charge The way they sell their product is on tion, they will say: Senator, great. We and requiring the industry to open the something that we as Americans all will be glad to sell you that ad. Inci- airwaves. When they were asked to do own—the airwaves. The television sta- dentally, if we only charge you the it voluntarily, the stations did not tions don’t own the airwaves. We tell lowest unit rate, the bargain basement, comply. them: You can rent the airwaves; you sadly, if anybody comes and offers a These stations steer candidates to- can lease the airwaves, and we will li- dollar more for that ad, we knock you ward premium rates. They pay the cense you to use the airwaves, but we off the air. highest amount. They are shut out of expect you to do it in a responsible Well, there isn’t a political candidate air time. way. with any good sense that will agree to America is different in this regard. Today we are engaged in a debate— that. If you are going to be knocked off Many countries make this time avail- and all this week—on campaign finance the air right before the news and they able to their candidates so they can reform. Many people have suggested put you on right before the Pledge of have literally free access to television changes that are significant. I salute Allegiance and the Star-Spangled Ban- and radio, but in America you have to Senators FEINGOLD of Wisconsin and ner at the end of the night, you have pay for it. We do not provide free air MCCAIN of Arizona. I have been a co- lost everything. Your market doesn’t time. The cost, of course, is going sponsor of the bill. They are talking have the benefit of all the good things through the roof. about the sources of money that go you have to say. Let me give an illustration of how into political advertising. We all know What candidates are doing is not pay- bad it is using one market in which I that the sources have become scan- ing the lowest unit charge, they are have to buy advertising, and the mar- dalous in size and, frankly, in their paying the inflated charges. The tele- ket is in St. Louis. St. Louis is one of

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.025 pfrm03 PsN: S21PT1 S2614 CONGRESSIONAL RECORD — SENATE March 21, 2001 the toughest markets in which to buy Under the current rules of raising the airwaves are used in a manner that advertising. There are some radio sta- money, I can ask a contributor to give serves all the people in this country, tions there which will only sell you me up to $1,000. So in order to run ad- not just serving the needs to make a four or five ads a week. They limit you. vertising in one area that serves the profit. Sadly, that is what has been You cannot buy any more. State of Illinois, I have to get 186 peo- done too many times in the past. Listen to what we found when we ple to give me $1,000. Obviously, when I hope we will see an increase in went to a major network affiliate in one considers the entire State of Illi- voter participation, but I hope we will St. Louis and compared some of the nois and the campaign everyone is fac- also see an increase in interest in pub- charges they made in the last election ing, one can see how the cost of these lic issues by the networks and by the cycle with what they charged just a campaigns is going through the roof. local stations. It is not enough for few weeks later. A $200,000 media buy buys a few 30- them to say that a few times, in what The cost of nonpreemptible time—in second slivers of time to get ideas and might not even be prime time before an other words, you get a set time which views out on the public airwaves. It election campaign, they are going to is guaranteed—was four times higher takes just a moment to purchase it, make their station available so there than preemptible time. Take the low- and if a person gets up to get a sand- can be a debate among the candidates. est unit charge which candidates are wich in the kitchen, they miss that 30- It is not enough that they will give us supposed to get, and then if you want second ad. It requires asking 4,000 peo- the Sunday morning opportunities to to make sure you get the time you ple to make a $50 campaign contribu- talk on the shows. As good as that is, asked for, at this station you are going tion. that just does not make it in terms of to pay up to four times as much for Former Senator Bill Bradley said a selling products—they know that—and that nonpreemptible time. few years ago: in terms of convincing voters as to On the early morning weekday news Today’s political campaigns function as what we have at stake in these elec- shows, the rate that this station collection agencies for broadcasters. You tions. I think it is time for these net- charged after the political campaign simply transfer money from contributors to works and television stations to be was over went down 55 percent from television stations. part of campaign finance reform. The the political campaign time. During It is interesting to me that as we original version of the McCain-Fein- noon weekday news, the rate went spend more and more money on tele- gold bill included this reform, included down 66 percent in the weeks after the vision in these campaigns, as we do our efforts to address the television and election campaign. best to get our message out, our mar- radio costs which candidates face that The story goes on. Weekday evening ket—the voters of America—has re- was taken out of the bill for reasons I news took 3.3 times the amount to buy sponded by refusing to vote. don’t know, but it should be brought a nonpreemptible ad, and then as soon If you ran a company and said, ‘‘We forth. as the campaign was over, they are not selling enough of our product, If we are going to have real campaign dropped the overall rate 38 percent. On let’s increase the marketing budget’’; finance reform, then we definitely have week night news at 10 o’clock in St. and after a quarter or two, you brought to make sure we are getting candidates Louis, they dropped it 45 percent. On in the marketing department and said, an opportunity to purchase time at af- the Sunday a.m. news talk shows, as ‘‘How are you doing?’’ and they said, fordable rates. Otherwise, we are going soon as the campaign was over, adver- ‘‘We have doubled the marketing budg- to find the cost of campaigning con- tising costs went down 66 percent; the et’’; you went to the sales department tinuing to skyrocket and the sources of Sunday p.m. local news, 25 percent. and asked, ‘‘How are you doing?’’ and The television stations and the net- money for candidates drying up as we they said, ‘‘Sales are down’’—that is work affiliates are gaming the system. cut off soft money, as we cut off other what is happening in political cam- They understand that candidates are sources. I think this amendment is desperate for time. They understand paigns. The marketing budget is in- critically important. that if they tell them it is preemptible, creasing, but we are not making the When they asked these stations how they will pay more, and then as soon as sales to the American people. They are much time they would give of their the campaigns are over, we see these not buying what we are selling. own time during the course of the cam- dramatic decreases in the cost of this Why? Because, frankly, the whole paign in a survey, it is interesting television time. process has been tainted. It has been what they found. A national study re- That is why it has become a killing tainted by the expense, by the involve- leased by the University of Southern field. They run up the rate cost for the ment of special interest groups, and by California’s Norman Lear Center, on candidates, and they refuse to cover the fact that so many candidates, my- February 5, 2001, of 74 local stations, the campaigns. They have really for- self included, spend so many waking found that the typical local television gotten their civic responsibility that hours trying to raise money to launch station spent less than 1 minute of air the airwaves belong to the American an effective campaign such as in a time a night on candidate discourse in people. As a consequence of that, we State as large as the State of Illinois. the final month of the 2000 campaign— are seeing a phenomenon in American This amendment is an important step less than a minute. politics which we cannot ignore. forward because here is what it does: The study found all but one local sta- A lot of people are going to argue This amendment says that we are tion failed to meet a voluntary public later about how much money we should going to eliminate class distinctions industry standard that they air 5 min- be able to raise. But keep in mind that for air time for candidates under the utes a night of candidate-centered dis- if we are raising money to pay for elec- current statute. We are going to make course in the 30 nights before the elec- tronic media—television—the cost of time purchases nonpreemptible, we are tion. Stations in the survey that indi- that media, according to a media buyer going to allow political parties the cated they would try to meet the I contacted, goes up 15 to 20 percent benefit of the lowest unit charge, and standard, which was just 7 percent of every 2 years. So your campaign needs we are going to require random audits the Nation’s 1,300 local stations, aver- to raise 15 to 20 percent more funds to in designated market areas to check aged 2 minutes and 17 seconds a night. do exactly the same thing you did on compliance. They are paying no attention what- television 2 years ago. If you are run- We cannot say to the TV station how ever to elections and campaigns unless ning for the Senate, in a 6-year period much it charges, but we can say they the candidates show up with money in of time you can see a 60-percent in- cannot run their ad rates up right be- hand and are prepared to pay the out- crease in your television cost. fore an election, as so many stations rageous charges that have been leveled Let me give an example in St. Louis have done, and then drop them precipi- against them in terms of these can- again. A moderate television buy in St. tously as soon as the election is over. didates. Louis runs about $186 a point. A point All of this money going to television National broadcast networks didn’t is the way they measure the audience. stations from political campaigns is, do much better. They averaged 64 sec- A 1,000-point buy for a week of spots— frankly, good for their business, but it onds a night per network of candidate that is about 30 or 40 30-second ads a is not good for America. Let us remem- discourse in the final month of the 2000 day—will cost you $186,000. ber our responsibility: to make sure campaign.

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.028 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2615 It is no surprise the broadcasting in- that is, in fact, the law. However, it is derlying bill. This is one of those dustry, which has profited so much a little bit similar to airline seats. If amendments. It strengthens the under- from political campaign spending, also you see airline seats advertised, they lying bill. It makes it even better. It vigorously resists any campaign fi- say we have a special fare from Los An- gets at a situation that is out of con- nance reform which touches them. The geles to New York; it is really cheap, trol. I will be supporting this amend- media industry, since 1996, has spent $100. Call up and they say: Sorry, those ment. over $111 million lobbying Congress, seats are sold. Therefore, you have to Mr. President, I yield the floor. partly to block campaign finance re- spend $1,000. It is a little bit similar. The PRESIDING OFFICER. The Sen- form bills that included any kind of When we went to the broadcasters ator from Nevada is recognized for 5 discounted or free candidate air time. and asked to buy time and asked for minutes. The number of registered media-re- the lowest rate, which is required by Mr. ENSIGN. Mr. President, what we lated lobbyists has increased from 234 law, they would say: Absolutely, we are talking about on this amendment in 1996 to 284 in 1999. The amount spent will give you that rate. But be warned, is something called the lowest unit rose in 1999 to $31.4 million, up 26.4 per- if someone else comes along and wants rate. The spirit of the law that was cent from the 1996 amount. This is big to pay more, you cannot retain that passed was that candidates could have business. This is big profit. They have spot. the lowest unit rate charged to them a lot at stake. Again, everyone knows if you are by broadcasters so campaigns would be I hope at the end of this debate we running for the Senate you need to less expensive and candidates could get will enact this amendment, an amend- reach people when they are up and their message out to the masses. ment I have cosponsored with Senator about. Otherwise, it doesn’t pay. If you The Senator from California just TORRICELLI, Senator CORZINE, and Sen- say, fine, bump me to another spot, talked about how expensive it is in her ator DORGAN. If we do not address the you could be having your commercial State to advertise. I cannot even imag- real costs of campaigns, the demand aired at 3 o’clock or 4 o’clock in the ine, coming from a State like Nevada side of the ledger, we are not going to morning. Not that many people will see with only 2 million people, what it is serve the need of real campaign finance it. So they have you in a very difficult like in a State like California with 34 reform. situation. million people. But I can tell you, hav- I yield the floor. Los Angeles is the second most ex- ing been through 4 campaigns in the The PRESIDING OFFICER. The Sen- pensive media market. Senator last 8 years, that advertising costs on ator from Kentucky. TORRICELLI’s chart shows basically the television have skyrocketed. The State Mr. MCCONNELL. I ask unanimous average 30-second spot is almost $35,000 of Nevada, during that same 8-year pe- consent that a vote on the pending in a good time slot. By the way, I once riod of time, grew by approximately 50 amendment occur at the expiration of wanted to buy a couple of slots, and I percent. It was the fastest growing the period of time beginning with 5 was told it was $50,000, but let’s just State in the country. So you would ex- minutes of the remarks by the Senator say about $35,000. Under the Torricelli pect television time to go up by a sig- from California, 5 minutes of remarks amendment, it comes down 75 percent. nificant amount—maybe by 70 percent by the Senator from Nevada, and 7 That is a very big difference. or 80 percent, as it has in other parts of minutes under the control of the Sen- The fact is, this is a very good the country. But in Nevada, even ator from Connecticut. amendment. I am very much for the though we have only grown by 50 per- The PRESIDING OFFICER. Without McCain-Feingold bill. I will be opposed cent, our advertising rates have gone objection, it is so ordered. to amendments that I think are not up by as much as 300 percent to 400 per- The Senator from California is recog- good amendments, are not meritorious cent. That is at least 6 times faster nized for 5 minutes. amendments, and cannot be defended than the rate the population has Mrs. BOXER. Mr. President, I thank and might make this veto bait. It grown. my colleague from Kentucky for yield- would be hard to imagine that George My first congressional campaign was ing. W. Bush could look at what the broad- the most expensive congressional cam- I strongly support the amendment casters are doing to candidates, some paign ever in the State of Nevada. I being offered today by Senators of whom are struggling very hard to spent around $700,000, and my opponent TORRICELLI, CORZINE, DURBIN, and DOR- get the money they need, and will take spent around $800,000. Now a typical GAN. the side of the broadcasters who are congressional race in the State of Ne- We learn best when involved in the laughing all the way to the bank, nod- vada will cost somewhere between $1.5 middle of a situation. Anyone who runs ding their head, saying: We really got to $2 million. That is a significant for office from my State of California them this time. change of cost in just 8 years. And al- knows it is all about television. In its I have good relationships with the most every dime of that increase has wisdom, our founders said if you come communications industry in my State, come from the increase in the cost of from a State that has 500,000 people, good relations with the TV people, the television advertising. you get 2 Senators; you come from a radio people, but I have asked over and The broadcasters were just visiting State that has 34 million people, like over again, how can they sleep at night me back here in Washington D.C. and my State, you get 2 Senators. It is very knowing what the people who own air- we had a discussion about the lowest difficult in a large State to personally waves in this country get so people can unit rate and what that means for a meet but a very small percentage of find out what candidates stand for. It congressional campaign. During my the people. So we must rely on tele- is almost impossible unless you are first campaign we bought time for the vision. That is the only way. independently wealthy or just raise most part on the lowest unit rate. But What has happened, and the chart huge sums of money. in the last couple of campaigns, can- shows this, in California, the broad- So to close this statement, I say didates have not been able to use the casters have taken tremendous advan- again how strongly I support the un- lowest unit rate because when you tage of this situation. To say the costs derlying bill and how much I respect place an ad, that ad is probably going are unreasonable is an understatement. Senators MCCAIN and FEINGOLD. I will to be bumped by a higher paying cus- They are confiscatory. They are taking be voting against most amendments. tomer. There is so much competition 80 percent or 90 percent of our budget The PRESIDING OFFICER. The Sen- for certain time slots on television after we pay our overhead. TV was so ator’s 5 minutes has expired. that those commercials always get expensive in my last race I couldn’t Mrs. BOXER. I ask for 20 more sec- bumped, and what you end up with is even afford to have much radio. I didn’t onds. terrible placement and you do not get even have any left over for radio. I The PRESIDING OFFICER. Without your message out to the people you are raised $20 million and huge sums went objection, it is so ordered. trying to reach. to television. Mrs. BOXER. In closing, which I My advisers in the last two cam- The facts are, when we approached would have done if I had the oppor- paigns have insisted we not buy the the TV stations, we thought we were tunity, I believe there are certain lowest unit rate because you cannot di- entitled to get the lowest rate because amendments that strengthen this un- rect your message to the people to

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.031 pfrm03 PsN: S21PT1 S2616 CONGRESSIONAL RECORD — SENATE March 21, 2001 whom you want to direct it. So we are have been laid out about as clearly as countryside, set up a little platform, always forced to buy the most expen- possible. There is clearly a loophole, to visit with constituents, make a speech, sive slot in order for our message to be put it mildly—maybe something more keep on going, and reach most of the effective. In addition, at the end of a serious occurs—when the lowest unit people who were going to vote for you campaign cycle, the broadcasters’ rates rate is not being recognized in major or make a decision on an important skyrocket. media market after major market all issue. Those days are long gone. The The broadcasters used to dread cam- across this country, thus raising the television broadcast networks know paigns because that was the time of cost of campaigns. they are the means by which we must year they made the least amount of Part of the idea was, of course, to communicate. money because of this lowest unit rate. have the lowest unit rate so people’s I think this amendment is not only Now it is one of their favorite times of voices could be heard during election fair but long overdue. I commend the the year because it is actually one of season to hopefully enlighten and edu- Senator from New Jersey for bringing their highest profit margin times of cate the public about the choices they it to the floor. I hope the television in- year. This certainly was not the intent would make. I do not want to say that dustry recognizes that there is an ef- of the legislation that brought about is necessarily what occurs in every 30- fort to not just have a level playing the lowest unit rate. second or 1-minute ad that the public field but fulfill what many of us So I applaud the Senators who are is subjected to, but nevertheless the thought was the bargain; that when we bringing this amendment to the floor. I idea is the unit cost would be the low- use the public airwaves for commu- add my support to this amendment. est rate so the cost of campaigns would nications—and those communications Before I yield the floor I want to ad- not get out of hand, which obviously are basically controlled by the compa- dress one final issue. Broadcasters have what has occurred in the last few nies that have been given, in my opin- the airwaves for free, and the justifica- years. ion, the privilege of having those air- tion for this is that they provide a very The charts Senator CORZINE used, waves—that there has to be some way important public service to local com- and Senator TORRICELLI, showed the they give back to keep the first amend- munities by providing news and local exponential growth in the cost of cam- ment alive, to keep democracy going. I politics. paigns. While there are a lot of reasons am just so pleased that we are going to I talked to the Nevada broadcasters that has occurred, there is no reason have a chance to vote on it. about this last week. While I would say any more clear than the rising cost of I thank my good friend from Con- in this election their coverage im- television advertising. necticut for yielding some time so that proved—and more of the campaigns I note the arrival of my colleague I could weigh in on the importance of were covered during this time it was and friend from New York who would this issue. still pathetic. like to be heard on this issue as well. I Mr. DODD. Mr. President, there was When you consider how much time is commend her for her support of this as one other Member who wanted to be spent on a sensational television story, well and thank the authors of this heard. He is not here. I am going to as compared to the time spent on a amendment. This is really an impor- yield back the time, and I ask for the message or a story that actually af- tant piece of this bill. yeas and nays. fects the lives of the vast majority of If we are going to try to keep down The PRESIDING OFFICER. Is there a people in our States, I think you will costs, keep down the rising costs of sufficient second? agree that many of these local broad- campaigns, we have to address this Mr. MCCONNELL. Mr. President, if casts across the country spend a small issue. The Senator from New Jersey the Senator will withhold for just a percentage of their time actually deliv- has done that with this amendment. moment, we wondered if Senator ering important public service to the I am happy to yield 3 or 4 minutes to BURNS wanted to speak. He may be communities. my colleague from New York. walking through the door momen- So I think it is the responsibility of Mrs. CLINTON. Mr. President, I tarily. the broadcasters to not only accept thank my good friend from Con- I suggest the absence of a quorum. what we are trying to do with the low- necticut. I also thank Senators The PRESIDING OFFICER. The est unit rate, and the spirit of the law TORRICELLI and CORZINE for bringing clerk will call the roll. of the lowest unit rate, but also we this important issue to the forefront of The legislative clerk proceeded to need to call on the broadcasters to this debate because clearly we are not call the roll. cover more of our politics, so that we going to be able to have the kind of Mr. LEVIN. Mr. President, I ask get more people involved in the polit- campaign finance reform that many of unanimous consent that the order for ical system. us are hoping will come out of this the quorum call be rescinded. The PRESIDING OFFICER. The 5 process if we do not address the most The PRESIDING OFFICER. Without minutes of the Senator has expired. expensive aspect of modern-day cam- objection, it is so ordered. Mr. ENSIGN. I ask unanimous con- paigns. Mr. LEVIN. If the Senator from Con- sent for another 20 seconds. As we all know, that is the adver- necticut has any time The PRESIDING OFFICER. Without tising that we have to do in order to The PRESIDING OFFICER. All time objection, it is so ordered. communicate with voters about where has expired. Mr. ENSIGN. To close on this, even we stand on issues. It is a particular Mr. LEVIN. Are we waiting for an- though I believe the broadcasters have challenge in large States. But it is a other speaker? made progress in my State, we need to national one that all of my colleagues Mr. MCCONNELL. The Senate has keep the pressure on them because we face. been waiting for a minute. Why not ask are seeing such a low voter turnout. If The Torricelli amendment, which unanimous consent to speak for a we cannot get our message as can- would amend the Communications Act minute or two. didates to the general public, we can- of 1934, would require that the lowest Mr. LEVIN. I appreciate the usual not get them inspired to come out and unit rate be provided to committees of courtesy of my good friend from Ken- participate in elections. political parties or candidates pur- tucky. I yield the floor. chasing time. I think that is in the Mr. President, I ask unanimous con- The PRESIDING OFFICER. The Sen- best interest of our democracy. I cer- sent that I have 2 minutes. ator from Connecticut is recognized. tainly believe it is the kind of reform The PRESIDING OFFICER. Without Mr. DODD. Mr. President, I am ex- that goes to the real heart of what the objection, it is so ordered. pecting a couple of Members who asked money chase is all about. Mr. LEVIN. Mr. President, I com- to come over and be heard. I think a lot of us would like to be mend the Senator from New Jersey, Just to conclude, it is an encouraging able to turn the clock back to the days and the managers of the bill who I un- sign we have heard nothing but strong that some of our colleagues can re- derstand are supporting the amend- support for the amendment offered by member, but for most of us, we just ment. I think it takes an important our colleague from New Jersey. I think read about it, where you could literally step towards reducing the money chase the argument is quite clear. The facts go out into a town square or out in the and leveling the playing field.

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.033 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2617 First, the money chase will be re- which is free broadcast time across the University of Kentucky. So they want duced somewhat because so much of board and some way to fulfill the polit- to have a fundraising drive, and the the money which has been raised goes ical obligations of communications station says, this is a low time of the into television. The more reasonable that I think our society so desperately year, so, yes, we will give you good these ads are and the closer they come needs without having the charges at- rates. And maybe this is in April or to the lowest rate, which is supposed to tached to it that we currently are expe- maybe it is in January when time is be provided for anyway under existing riencing. pretty cheap because the demand is not law, the less demand there will be for I know in 1997 when the FCC doubled very large. money in order to get a minimum mes- the amount of the spectrum it licensed What we are saying is, we want to sage on television. to television broadcasters, I joined have that rate for politicians in Octo- I think it does some real good in with many others in recommending ber and early November, when maybe terms of reducing the case for huge that 5-minute, voluntary, candidate- the demand is very great. The rates amounts of money for campaigns. centered discourse during the 30 days might be four times as much, three Second, it attempts to level the play- leading up to the campaign. We know times as much. You have the new ing field a bit because the less funded that is not happening. shows on TV. candidates will have a greater oppor- I think we need to do more to provide I look at this, and maybe it sounds tunity, as the television rates are less, free air time for political candidates. I kind of nice. Somebody says this is to have at least a minimum message on hope we will not only pass this amend- really enforcing what the existing lan- television that they are able to fund. ment but go on to consider other ways guage is. I say hogwash. This amend- I think leveling the playing field is we can make air time more readily ment is worth millions, and everybody also something we are trying to do in available. If it were in my power, as should know it. This amendment is the legislation before us. Santa Claus, to give that gift to the worth millions to candidates. The existing law and spirit of the law American people, I would certainly do I question the wisdom of doing it, provide that the lowest unit charge of it. But I am going to try to make that saying we should have lower rates than the station is supposed to be provided case in addition to supporting this very anybody else in the country. And, oh, in the 60 days preceding the date of the worthy amendment. incidentally, Mr. Broadcaster, we poli- general election and 45 days preceding I thank the Senator from Kentucky ticians want to check your rates for the primary. for yielding me time. that entire year, and we get the lowest This amendment just carries out The PRESIDING OFFICER. The Sen- of anybody. Of anybody, anytime, we what is clearly the spirit, purpose, and ator from Kentucky. get the lowest. We are special. I ques- intent of the existing law, and again I Mr. MCCONNELL. I ask unanimous tion the wisdom of it. I am going to commend the Senator from New Jersey consent that the distinguished assist- support some amendments to help this for bringing this forward and for those ant majority leader have 5 minutes bill. I do not doubt that this amend- who have indicated their support for it, prior to the vote. ment is going to be adopted, but I cer- including, I understand, both Senators Mr. TORRICELLI. If the Senator tainly question the wisdom of it. MCCAIN and FEINGOLD. would yield, could I have 1 minute, Some people said: Let’s just have free Mr. MCCONNELL. Mr. President, the then, before the vote, just to close on time. This is a gift. This may not be Senator from Oklahoma wishes to my amendment? free time, but this is a gift that may be speak for a couple of minutes. We ex- Mr. MCCONNELL. Sure. Then the greater than free time. pect him to walk in the door momen- vote will occur 6 minutes from now, Some people say: Maybe we should tarily. At the end of his 2 minutes, it is and will be followed by an amendment have free time for candidates of so our intention at that point to go to a by the Senator from Minnesota, Mr. many minutes or so many hours, and vote. WELLSTONE. so on. This is an amendment worth a Mrs. CLINTON. Mr. President, may I I yield the floor. lot more than that. So our colleagues ask unanimous consent to supplement The PRESIDING OFFICER. Without should know that. Because rates vary my earlier remarks? objection, it is so ordered. significantly throughout the year, and The PRESIDING OFFICER. Is there The Senator from Oklahoma. we are saying you get the lowest rates. objection? Mr. NICKLES. Thank you very much. I guess if a person is going to buy a Without objection, it is so ordered. I thank my colleagues for their co- rate in August, that is one thing; so we Mrs. CLINTON. Thank you very operation. I understand my colleagues check the last 365 days, and then if you much. are ready to vote and that they have are going to buy an ad in October, we Mr. President, I didn’t realize it until held the vote off so I could make a few have to check the last 365 days to see if after I spoke, but my good friend, Sen- comments. I appreciate that. there is a lower rate. ator TORRICELLI from New Jersey, gave I am going to speak against this I think this amendment is very well me one of the articles he read into the amendment. I heard everybody say intended. But, in my opinion, this RECORD that I have yet a new title; they are for it, so I am sure this amendment should not be adopted. that is, ‘‘Modern Day Santa Claus.’’ amendment will be adopted. But my The PRESIDING OFFICER. The Sen- I was given an article that was writ- guess is, this amendment should be ator from Alaska. ten by Paul Taylor about broadcasters classified as ‘‘the million-dollar gift to Mr. STEVENS. Mr. President, what and their desire to have political ad- Senators’’ and maybe for Senate can- is the time circumstance? vertising. didates. The PRESIDING OFFICER. There is I was delighted to learn that I am a This is a big gift. This is a gift. In 1 minute remaining for the Senator beautiful thing like Santa Claus be- reading the language it says: from Oklahoma. cause the campaign I ran brought, I . . . to such office shall not exceed the low- Mr. NICKLES. I yield the Senator guess, great beauty and good cheer to est charge of the station (at any time during from Alaska whatever time I have re- the broadcasters of my State. the 365-day period preceding the date of the maining. I would like to add to my previous use) for the same amount of time for the The PRESIDING OFFICER. The Sen- comments in support of this amend- same period. ator from Alaska. ment that I think this is a good start What that means is, we get to buy Mr. STEVENS. I rise to agree with to ensure that the spirit of the current ads at the lowest rate that the station the Senator from Oklahoma. This law is enacted and implemented. But I charged anybody anytime during the amendment in my State is going to be think we should go further. And later past year. catastrophic. We have many small sta- in the debate I hope we will have a These are political ads. Some sta- tions that survive on mass marketing chance to talk about even going fur- tions may have lower rates because throughout the year at low rates. This ther, to perhaps legislate the 5 minutes they want to do something to help a will mean they will have to provide that has been suggested by a number of charity. Maybe they want to be kind to those of us who are candidates with the people as being free air time, and even a university and raise money, and same rates. It makes no sense to me at to have a debate on an issue I support, there is a fundraising drive, such as the all. I think it is an invasion of the

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.036 pfrm03 PsN: S21PT1 S2618 CONGRESSIONAL RECORD — SENATE March 21, 2001 rights of the people who operate these The PRESIDING OFFICER. The especially incumbents, as we are here, small independent stations. clerk will call the roll. who have access to the news every I agree with what the Senator from The bill clerk proceeded to call the night. Oklahoma said. It is a benefit to can- roll. The PRESIDING OFFICER. The Sen- didates. If people are meaning to kill Mr. BURNS. Mr. President, I ask ator’s time has expired. this bill, this is one way to do it. unanimous consent that the order for The Senator from California is recog- Mr. LEAHY. Mr. President, I am the quorum call be rescinded. nized for 1 minute. pleased to be able to support the The PRESIDING OFFICER. Without Mrs. BOXER. Mr. President, we are amendment offered by Senators objection, it is so ordered. not asking anyone to lower their rates. TORRICELLI, CORZINE, and DURBIN. I be- Mr. BURNS. Mr. President, I ask That is a misstatement of the amend- lieve that allowing candidates the op- unanimous consent to be recognized for ment. The Torricelli amendment sim- portunity to let their message be just 1 minute. ply says current law should be fol- known to the public, through tele- The PRESIDING OFFICER. Is there lowed. Current law says the lowest rate vision ads, without having to raise an objection? should apply. May I remind my friends, obscene amount of money to finance Mrs. BOXER. Reserving the right to the airwaves are owned by the Amer- those advertisements is a needed step object, and I will not object, people ican people. People get a license. The toward truly reforming our campaign keep coming and getting more time. airwaves should be open to the Amer- finance system. During the 2000 elec- That is fine. But I think we need to re- ican people. tion broadcasters’ advertising prices serve another matching minute be- In California, they give us 10 percent soared precisely when airtime was cause now the opponents are coming to at the lowest rate, and 90 percent of it most valuable to candidates. Due to the floor laying out their arguments. is at the highest rate. You cannot get this dramatic increase in prices the People are coming to the floor. So if your message out. broadcasters earned record profits from Senator BURNS is speaking against this This amendment is a clarification of political advertising. amendment, I ask unanimous consent existing law. It strengthens McCain- David Broder of the Washington Post that I have 30 seconds to respond to his Feingold. If you vote against this, it is articulated the need for TV advertising comments. just a signal to the broadcasters to price relief. He writes, ‘‘Common sense The PRESIDING OFFICER. Is there keep on ripping us off and all the tells you that if the TV bill remains an objection? money will go to TV. . . . exorbitant, politicians will con- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The time tinue the ‘money chase’ under any object. I am on the same side as the of the Senator has expired. rules that are in place.’’ The rules to Senator from California on this issue. The question is on agreeing to the which Mr. Border refers are the rules It seems to me the Senator from Mon- Torricelli amendment No. 122. The yeas drafted in the campaign finance reform tana is not unreasonable to ask for a and nays have been ordered. The clerk bill. minute to explain his position, after will call the roll. The PRESIDING OFFICER. The Sen- which the regular order would occur. The bill clerk called the roll. ator from New Jersey is recognized for The PRESIDING OFFICER. Is there The PRESIDING OFFICER (Mr. 1 minute. an objection? BURNS). Are there any other Senators Mr. TORRICELLI. Mr. President, the Mr. MCCONNELL. I object. in the Chamber desiring to vote? Senate is now moving beyond a simple The PRESIDING OFFICER. Objec- The result was announced—yeas 70, soft money ban to genuine campaign fi- tion is heard. nays 30, as follows: nance reform, ensuring that as we re- Mr. STEVENS. I suggest the absence [Rollcall Vote No. 41 Leg.] duce the amount of money in the polit- of a quorum. YEAS—70 ical system, we are not reducing the The PRESIDING OFFICER. The Akaka Durbin McConnell amount of political debate in the Na- clerk will call the roll. Bayh Edwards Mikulski tion. The bill clerk proceeded to call the Bennett Ensign Miller roll. Biden Feingold Murkowski There is nothing new or startling Bingaman Feinstein Murray about this amendment. Under current Mr. NICKLES. Mr. President, I ask Bond Frist Nelson (FL) law, the broadcast industry must pro- unanimous consent that the order for Boxer Graham Reed vide the lowest unit rate for political the quorum call be rescinded. Breaux Hagel Reid Bunning Harkin Roberts broadcasting. The problem is, they The PRESIDING OFFICER. Without Byrd Hatch Rockefeller have been evading their responsibility. objection, it is so ordered. Cantwell Hollings Santorum Stations now will have to participate Mr. NICKLES. Mr. President, I ask Carnahan Inouye Sarbanes unanimous consent for a minute for Carper Jeffords Schumer in a shared sacrifice. Candidates will Chafee Johnson Shelby not raise certain forms of money that Senator BURNS and a minute for Sen- Cleland Kennedy Smith (OR) are undermining political confidence, ator BOXER. Clinton Kerry Snowe and the broadcast industry must meet The PRESIDING OFFICER. Is there Collins Kohl Stabenow an objection? Conrad Kyl Thompson its public responsibility to provide low- Corzine Landrieu Torricelli cost broadcasting. Without objection, it is so ordered. Crapo Leahy Voinovich I believe this is a critical component Mr. BURNS. Mr. President, I thank Daschle Levin Wellstone my friend, the assistant leader. Dayton Lieberman Wyden to comprehensive campaign finance re- Dodd Lincoln form. It allows many of us to be part of I have been tied up in a committee Dorgan McCain all morning trying to get over here. We McCain-Feingold. NAYS—30 The PRESIDING OFFICER. The Sen- have had some pressing energy busi- ness. But I wish to make one point. Allard Enzi Lugar ator’s time has expired. Allen Fitzgerald Nelson (NE) Mr. TORRICELLI. I believe it is a How many other industries are we Baucus Gramm Nickles proper addition. asking to lower their rates on the serv- Brownback Grassley Sessions I thank the Chair. ices they perform for the sake of polit- Burns Gregg Smith (NH) ical activity? Are we asking the auto- Campbell Helms Specter I ask for the yeas and nays. Cochran Hutchinson Stevens The PRESIDING OFFICER. Is there a mobile companies? The gasoline com- Craig Hutchison Thomas sufficient second. panies? The newspapers? The direct DeWine Inhofe Thurmond There appears to be a sufficient sec- mailers? The writers? Are we asking Domenici Lott Warner ond. them to lower their rates on their in- The amendment (No. 122) was agreed The yeas and nays were ordered. ventory for the sake of political activ- to. The clerk will call the roll. ity? I think not. Mr. DODD. I move to reconsider the Several Senators addressed the And the broadcasters, once their vote by which the amendment was Chair. time is gone, it is gone forever; and agreed to. Mr. NICKLES. Mr. President, I sug- they cannot recover it. I don’t think Mr. MCCONNELL. I move to lay that gest the absence of a quorum. we have a right to ask them to do that, motion on the table.

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.038 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2619 The motion to lay on the table was tion to Senator CANTWELL as original that was an effort to deal with part of agreed to. cosponsor of my amendment, also Sen- the problem—become more capital in- AMENDMENT NO. 123 ator CORZINE and Senator BIDEN be in- tensive, more television expensive, as Mr. WELLSTONE. I call up amend- cluded as original cosponsors. communication technology becomes ment numbered 123. The PRESIDING OFFICER. Without the main weapon in every electoral The PRESIDING OFFICER. The objection, it is so ordered. conflict, the big money matters even clerk will report the amendment. The Senator from Idaho. more. The legislative clerk read as follows: (The remarks of Mr. CRAPO are lo- This amendment says: Look, if our The Senator from Minnesota [Mr. cated in today’s RECORD under ‘‘Morn- States want to—we leave it up to WELLSTONE], for himself and Ms. CANTWELL, ing Business.’’) them—set up a voluntary system of proposes an amendment numbered 123. The PRESIDING OFFICER. The Sen- partial or public financing to apply to Mr. WELLSTONE. Mr. President, I ator from Minnesota. our races, they should be able to do so. ask unanimous consent reading of the Mr. WELLSTONE. Mr. President, I This debate in the Senate about big amendment be dispensed. will reserve for myself just a little bit money and politics and the ways in The PRESIDING OFFICER. Without of time now because there will be other which too often our elections have be- objection, it is so ordered. Senators who will want to speak on come auctions and the ways in which The amendment is as follows: this subject. This is an amendment to all too often Senators have to be con- (Purpose: To allow a State to enact vol- the McCain-Feingold bill, a very im- cerned about cash constituencies as untary public financing legislation regard- portant piece of legislation in and of well as real constituencies couldn’t ing the election of Federal candidates in itself, which I think is a very impor- have come at a more perfect time. such State) tant step forward for all of us. I hope Let me give a few examples. Several On page 37, between lines 14 and 15, insert this amendment will have bipartisan weeks ago we had an effort that took 10 the following: support. I think it just adds to the hours to overturn 10 years of work. The SEC. 305. STATE PROVIDED VOLUNTARY PUBLIC McCain-Feingold bill. National Academy of Sciences said re- FINANCING. This amendment simply allows petitive stress injury is the most seri- Section 403 of the Federal Election Cam- States, any of our States, to set up vol- ous injury in the workplace. It en- paign Act of 1971 (2 U.S.C. 453) is amended by untary systems of full or partial public dorsed taking action, did the research, adding at the end the following: ‘‘The pre- ceding sentence shall not be interpreted to financing for Federal congressional did the study, endorsed a standard that prohibit a State from enacting a voluntary candidates that involve voluntary was promulgated by OSHA, but big public financing system which applies to a spending limits on both personal and business said jump. So we jumped, and candidate for election to Federal office, outside contributions, as long as these we turned our back on reasonable other than the office of President or Vice- systems are not in conflict with the standards. We turned our back on President, from such State who agrees to Federal Election Campaign Act. So science, and we turned our back on a limit acceptance of contributions, use of per- this simply allows States, if they want, lot of workers and their pain. We made sonal funds, and the making of expenditures to set up a voluntary system of partial them expendable. in connection with the election in exchange Then we had the bankruptcy bill. I for full or partial public financing from a public financing. State fund with respect to the election, ex- This is entirely a voluntary system, gave enough speeches about the bank- cept that such system shall not allow any and we leave it up to our State. ruptcy bill to deafen all the gods. I will person to take any action in violation of the Historically, the States have been a not repeat any of it, just to say ulti- provisions of this Act.’’. ‘‘laboratory of reform’’—the term was mately what we got with this bill was Mr. WELLSTONE. Mr. President, my coined by Supreme Court Justice Wil- a wish list for the credit card industry understanding is Senator CLINTON will liam Brandeis—where innovative poli- which is not held accountable at all for be coming to the floor in a moment. cies have been created. their reckless and sometimes predatory Mr. DODD. I suggest the absence of a This States rights amendment allows lending practices but very harsh for a quorum. these laboratories to do their work in a whole lot of people who find themselves The PRESIDING OFFICER. The safe way—I want Senators to listen to having to declare bankruptcy—not be- clerk will call the roll. this—because the electoral regulation cause they are trying to game any sys- The legislative clerk proceeded to that Congress has written into Federal tem but because of a major medical call the roll. law remains the floor. That is the law. bill, because they have lost their job, Mr. DODD. Mr. President, I ask unan- In other words, while States will be or because there has been a divorce in imous consent the order for the given wide latitude to set up voluntary the family. quorum call be dispensed with. systems of public financing, they will Then we have the news today that The PRESIDING OFFICER. Without not be able to enact laws that will the arsenic standard that EPA had pro- objection, it is so ordered. allow candidates, whether covered by mulgated to make sure we had safe Mr. DODD. Mr. President, I ask unan- public financing or not, to engage in drinking water has been overturned by imous consent the Senator from New conduct that will otherwise be in viola- the Administrator of EPA, the Envi- York be recognized for 5 minutes as in tion of Federal election laws. ronmental Protection Agency. morning business. While the Federal law is the floor, I Then we have a tax cut—I am not The PRESIDING OFFICER. Is there think it is a low floor, indeed, although going to spend a lot of time on this. It objection? McCain-Feingold makes it better. will be in the budget debate in about 2 Mr. WELLSTONE. I ask my col- Many believe our system is awash in weeks. If I am proven wrong, I will be league if we may extend that to 10 min- special interest money. I agree with glad to be proven wrong. I believe my utes. them. It is not a matter of individual colleagues will find that ultimately a Mr. DODD. I ask for 10 minutes. corruption. I almost wish it was. It rigorous sort of measurement, if you The PRESIDING OFFICER. Without goes way beyond I don’t wish it was, will, of what the surplus really is—and objection, it is so ordered. The Senator but I think it is a more serious prob- then alongside of that what the tax cut from New York is recognized for 10 lem. really amounts to—will mean two or minutes. I don’t think we are talking about three things. Mrs. CLINTON. I thank the Chair. the wrongdoing of individual office- It will mean there won’t be a dime (The remarks of Mrs. CLINTON, Mr. holders. But we are talking about a for any of the investments to which we DODD, and Mr. WELLSTONE pertaining huge imbalance of power where some say we are committed. There are going to the introduction of S. 584 are located people, by virtue of their economic re- to be some harsh discretionary domes- in today’s RECORD under ‘‘Statements sources, have way too much wealth ac- tic spending cuts. What that means is on Introduced Bills and Joint Resolu- cess and too many people are left out. anything from energy assistance, to tions.’’) Please remember that 80 percent of housing, to programs that try crimes Mr. WELLSTONE. Mr. President, be- the money spent in the year 2000 was against women who have been bat- fore we go to the Senator from Idaho, hard money. Please remember as these tered—you name it. In addition, you I ask unanimous consent that in addi- campaigns—we just had an amendment have tax cuts that represent a Robin-

VerDate 21-MAR-2001 02:42 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.047 pfrm03 PsN: S21PT1 S2620 CONGRESSIONAL RECORD — SENATE March 21, 2001 Hood-in-reverse philosophy so that heavy hitters; and that the Congres- cause the Federal Election Campaign over 40 percent of the benefits go to the sional agenda is the agenda of the in- Act, FECA, did not specifically allow top 1 percent. vestors in both political parties. States to create this kind of voluntary What I said before I will say again. For so many people, when it comes to public financing program, then FECA The President talks about leaving no their concerns for themselves, their prohibited it. I think what the court child behind. One-third of all the chil- families, and their communities, their was saying was: If you want to do it, dren in America live in families who concerns are of little concern in the fine, but we want to see the authority. will not receive one dime from this tax corridors of power in this Congress. The amendment I am offering would cut, and 50 percent of African Ameri- Who could fault them for this belief? correct that by adding one simple sen- cans live in families who will not re- Many people believe there is a connec- tence to FECA which specifically al- ceive one dime, and 57 percent of His- tion between big special interest lows States to set up voluntary public panic children live in families who will money and the outcomes in American financing programs for the election of not receive one dime, but over 40 per- politics. their own Members of the Senate and cent goes to the top 1 percent of the People believe what is on the table House, as long as no such program vio- population. and what is off the table is based upon lates any provision of the current So forget any commitment to mak- who has the money and power. People FECA law. That is all this amendment ing sure that every child in America believe who gets to run and who does does. has a good education. The vast major- not get to run and who wins and who In other words, if a State—Min- ity of people believe in that goal. For- loses is quite often determined by the nesota, Montana, Connecticut; I will get any commitment to making sure mix of money in politics. People be- talk about States that have already that elderly people—I argue there are a lieve that some people march on Wash- done this —wants to create a public fi- lot of families as well who are hurt by ington every day, and they have the nancing fund and give its congressional this—can afford the prescription drugs lobbyists, and they have the lobbying candidates the option—a voluntary op- they need for their health. And forget coalitions, but that when it comes to tion; it is not required—of financing any commitment to expanding health their concerns, they are not well rep- their campaigns partially or wholly care coverage for the 43 or 44 million resented. People believe that if you with public money rather than private people who have no coverage at all. For pay, you play, and if you don’t pay, you contributions, that State will be able that matter, forget any commitment don’t play. to do so—again, provided there is no to beginning to get serious about home So people have lost faith in this sys- violation of any of the current FECA health care so that a lot of elderly peo- tem. I do not know what I think is provisions. ple aren’t institutionalized, aren’t worse: That so many citizens have this I want to stress to colleagues, be- forced into nursing homes but can still disillusionment and disengagement to- cause I do not want there to be any live in home in as near normal cir- ward Government and public affairs. I misinformation about this amendment, cumstances as possible with dignity, or hate that. I state that as the son of a that these programs must be strictly people with disabilities. Jewish immigrant born in the Ukraine voluntary, just as the public financing From where is the money going to who fled persecution in Russia. I love for Presidential elections is voluntary. come? this country. I hate it when people feel Candidates who would rather finance How about the veterans? I will tell that way about public affairs. Some- their campaigns with private dollars, you about the veterans budget. There times I think it is even worse when I adhering to the existing campaign fi- is a $1 billion increase, but $900 million talk to people who are so excited about nance rules, would be free to do so. of it is medical inflation. public affairs, and they tell me they However, the courts have made it Then we have all of these commit- will never run for office. They say they clear, in some cases, by upholding the ments which we say we are going to do not want to spend all their time very public financing systems for elec- make for the millennium program—el- raising the money. They cannot bear tion of State officeholders, which are derly, home-based care, in addition to the thought of it. models for this legislation, that a mental health services; in addition a Frankly, I think it gets to the point State may offer public financing or bill I have with EVAN BAYH to finally where we have this horrible self-selec- other enticements to make contribu- deal with the distress about the fact tion process where a lot of the very tion limits and spending limits attrac- that 30 percent of the adults in the best people never will run for office, for tive. homeless population are veterans— a Senate seat or a House seat. I think This amendment, giving States the many of them Vietnam veterans—and that is a tragedy for the country. option of creating their own voluntary we need to reach out and help them. I I know the sponsors of the new alternatives to the current system, is tell you, I don’t think any of this is by McCain-Feingold bill hope this bill will perfectly constitutional. accident because for the sake of the top have the votes to pass. I hope it does. Some States have already moved in 1 percent of the population making But this bill is scaled down. It is a step this direction. Twelve States already sure they get the tax cuts—by the way, toward comprehensive reform, but I do offer partial public financing to can- these are the same people who are the think this is an ideal time to let States didates for State offices. In fact, one of heavy hitters. They are the big givers take the lead. While we should not the most advanced of these programs is who give the contributions, whether it allow States to undermine Federal in my colleague, Senator MCCONNELL’s is soft money or hard money. election law, the law should not be an own State of Kentucky. In Kentucky, We are at the same time not going to artificial ceiling that prevents States there is a system of partial public fi- live up to our commitment of leaving from setting up systems of public fi- nancing for gubernatorial candidates. no child behind. We are not, if this ad- nancing that allow them to address In my own State of Minnesota, there ministration has its way, going to do this money chase, to address voter apa- is a voluntary public financing system much about prescription drug costs, or thy, to address corruption, actual and for statewide candidates as well as can- expanding health care coverage, or perceived. didates for the legislature. Candidates making sure there is a good education Mr. President, by way of background agree—it is voluntary—to spending for every child. Obviously, we have an to this amendment, my own State of limits, and in return they receive pub- all-out assault on basic workplace pro- Minnesota attempted to set up a public lic funds. tections and environmental protec- financing system for Federal can- The State of Minnesota provides a tions. didates 9 years ago, when the State leg- tax credit for contributions to State I think a lot of people in Minnesota islature passed a law offering partial candidates of up to $50. and a lot of people in the country have public financing to candidates for Con- In addition, four States have gone reached the conclusion that the Con- gress from Minnesota. even further and have recently passed gressional agenda is not their agenda; Unfortunately, the Federal Court of full or nearly full public financing sys- that the Congressional agenda is the Appeals for the Eighth Circuit struck tems for their elections—it is inspir- agenda of the powerful; that the Con- down Minnesota’s law in 1993 in Weber ing—in Maine, Vermont, Massachu- gressional agenda is the agenda of the v. Heaney. The court ruled that be- setts, and in Senator MCCAIN’s own

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.051 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2621 State of Arizona. They have passed leg- It will definitely change some things. For President Bush, and President Clinton islation similar to the Clean Money, one thing I will have about half the amount have all used public moneys in Presi- Clean Elections Act. of money I raised last time but much more dential elections going back to the late time to talk with people which is a good Senator KERRY and I have introduced 1970s. I believe President Reagan was thing. this as national legislation. Eventu- the first—maybe President Carter was ally, I would like to get there. Basi- Just one more: the one—to use public moneys and pub- cally, that is what they are saying in We have an obligation to put into practice lic financing of a Presidential election. these States to the citizens. And the the system that was approved by voters in All would agree that as a result of 1996. Maine is in the lead in this area. It will citizens said: Yes, let’s do it. only work if it is used, and it is important that, the costs of Presidential elec- I want to talk about these inspiring for incumbents to embrace it. Also, the tions, while they are expensive, have examples. They have said: Listen, if Clean Election Act is making it easier to re- been reduced by having a public financ- each citizen will contribute a small cruit candidates to run for office. ing scheme where, as a result of accept- amount into a clean money, clean elec- That was said by Rick Bennet, Re- ing public dollars, candidates agree to tion fund—maybe $5—and then can- publican incumbent, assistant senate certain caps, certain limitations on didates draw from that fund—can- minority leader, and candidate for re- how much money will be spent by a didates who have passed a threshold to election. Presidential candidate. show that they are viable candidates— I simply say to my colleagues, I am This country is not without prece- then these candidates do not have to be all for McCain-Feingold, as long as it dent in dealing with public financing. involved in the money chase. They do does not get too weakened. I think the My colleague has talked about some of not have to be dependent on these pri- amendment we just adopted—the the States that have done things. We vate dollars. You, the people of Maine, Torricelli amendment—was a step in have done it at the national level and you, the people of Vermont, you, the the right direction. But, honest to with some success. This amendment people of Arizona, you, the people of goodness, 80 percent of the money is doesn’t call for Federal public financ- Massachusetts, you own the elections. hard money. You still have this huge ing, as I understand it. It merely says You own your own State government. problem of the system being so wired to the States, if they would like to es- You own the political process. for incumbents. It is so hard for chal- tablish a public financing mechanism In Maine it is just incredible. There lengers to raise the money and for for candidates running for the House of was broad participation in the Clean there to be a level playing field. I can Representatives or the Senate, the two Elections program during this last remember what happened when I ran in Federal offices for which there are election, with 116 out of 352 general 1990; I can remember in 1996. I am now elections in each State, then the States election candidates—both Republicans in a reelection. would be allowed to construct such a and Democrats—participating. At a very minimum, there ought to mechanism that then-candidates who What these clean money, clean elec- be a vote on public financing in the would agree to accept public moneys in tion States have done is dramatically Senate, but this amendment doesn’t those States would also accept certain reduced the influence of special inter- say we vote on public financing di- limitations, principally financial ones, est money by providing a level playing rectly. We don’t vote on this at the as one way of trying to get a better field, by offering candidates a limited Federal level, and we don’t really vote handle on this ever spiraling cost of and equal amount of public funds. on it saying that Montana or Min- campaigns. I am saying to colleagues today, at nesota has to do it. Given the experi- I don’t have the charts with me that the very minimum, we ought to allow ence of some of the States, such as some of our other colleagues have used our States to move forward with these Maine, Vermont, Massachusetts, Ari- which point to the exponential increase voluntary systems if they want to do zona, and other States that have in the cost of running for Federal of- so. That is the only proposition you moved forward, let us at least allow fice. There is not a person in this vote on. Will you or will you not at States, on a voluntary basis, to have a Chamber who holds a seat who can’t least be willing to allow your States to system of partial public financing that bear witness to that fact. We wouldn’t provide for a system of voluntary full they could apply to Federal races. be here if we hadn’t gone through the or partial public financing for our If they want us to have the oppor- excruciating gauntlet of having to races, understanding full well that ev- tunity to volunteer to be involved in raise the money and spend the dollars erything else about Federal election clean money and clean elections as op- in order to be on television and run all law stays as is. posed to all this big interested money the various elements of a successful I want to offer some comments about that will continue to dominate the campaign. We are all familiar, every Maine, giving some indication of what process, even with McCain-Feingold one of us, with how vastly these cam- happened in Maine, because I think it passing—there is still so much of that paigns have increased in cost. inspires a lot of hope. These comments money; we are still so awash in that I have often cited the statistic that tell us something about what they money—at the very minimum we ought when I first ran for Congress, some 24 have done and why it is so important to allow States to light a candle and years ago, Ella Grasso was running for to allow States to do so. lead the way. Governor of the State of Connecticut, Here are some of the comments of I know there are other Senators who the first woman to be elected in her people who ran. are going to be coming to the floor. I own right as a Governor in the United Shlomit Auciello, a Democrat chal- can speak a much longer time about States. Ella Grasso spent about lenger: this and will, but if my colleague from $500,000, an unprecedented amount of Without Clean Elections, I couldn’t even Connecticut is going to speak, I will money, in the State of Connecticut to think about running for office. I just yield the floor for now. win a statewide race. I think she even couldn’t afford it. The PRESIDING OFFICER (Mr. NEL- bought New York television time, Chester Chapman, a Republican chal- SON of Florida). The Senator from Con- which always adds considerably to the lenger: necticut. cost of a campaign in Connecticut. And The main reason I did it was that this is Mr. DODD. Mr. President, I thank my $500,000 was an outrageous sum of what people want. friend from Minnesota. I commend him money 24 years ago. Glenn Cummings, a Democrat chal- for this amendment. My colleague from Connecticut, Sen- lenger: This is a very creative amendment ator LIEBERMAN, and I—I can’t recall because it doesn’t go to the heart of the exact amount, but I will pretty I spent a lot of kitchen table time explain- ing the system to people. Once they knew what many of us have felt for a long much be in the ballpark to tell the what it was they really liked it. They liked time, and that is that as we have done Senate that a contested race in Con- that it means no soft money and no PAC with Presidential elections—I don’t necticut is now somewhere between $4 money will be used. I want to work for the know if my colleague from Minnesota and $6 million. I promise you, if you people of Maine and I don’t want to be be- spent time on this point—we have had went back 24 years, prior to 1974, you holden to anyone else. public financing of Presidential races. would have found an increase in the Gabrielle Carbonear: Ronald Reagan, George Bush, this cost of campaigns but nothing like we

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.053 pfrm03 PsN: S21PT1 S2622 CONGRESSIONAL RECORD — SENATE March 21, 2001 have seen in the last 25 years, with no cide that the cost of campaigns in their Minnesota Alliance for Progressive Action indication this trend line is going any- States has gotten out of control; that Missouri Voters for Clean Elections where but up in the coming years. they would like to do something about Money in Politics Research Action Project, The issue before us is whether or not it; that they would like to offer Fed- Oregon National Voting Rights Institute we can come up with some mechanism eral candidates an option that would NETWORK: A Catholic Society Justice which reduces the money chase, brings reduce those costs. Lobby down the cost of these campaigns, I am attracted to this amendment. I New Hampshire Citizen Alliance for Action which is what the Torricelli amend- think it has value. I urge my col- New Jersey Citizen Action ment tries to do by insisting the lowest leagues to read it carefully, to raise New Mexico Alliance for Community Em- unit rate be charged for campaign costs questions to my colleague from Min- powerment for advertising, and now what our col- nesota, if they have them, and then New Mexico Progressive Alliance league from Minnesota has proposed— vote for this amendment. I think it de- North Carolina Alliance for Democracy Northeast Action that is, the creative idea of saying to serves our support. I know others will Progressive Leadership Alliance of Nevada the 50 States that if you decide you come to the floor to address this mat- Progressive Maryland would like to have this kind of a mech- ter. I don’t know if my colleague care Public Campaign anism for your candidates for Federal to take a few more minutes or not. I Rainforest Action Network office, we should not necessarily stand am prepared to stay with him and en- Religious Action Center of Reform Judaism in the way. gage in some debate. If not, we could Rural Organizing Project, Oregon If this were a mandate, then I think suggest the absence of a quorum and San Fernando Valley Alliance for Democ- it would run into immediate constitu- urge Members to come to the floor to racy tional problems. There may be some Sierra Club discuss the amendment. South Carolina Progressive Network with this anyway. I know States in the Mr. WELLSTONE. Mr. President, United Methodist Church— past have tried to pass legislation first of all, I thank my colleague from General Board of Church and Society which would put limitations on us, Connecticut. There are three or four United for a Fair Economy such as term limits. In every one of Senators who want to speak, and I have United Vision for Idaho those cases, the courts have overruled more to say. Frankly, I don’t want to USAction State statutes which would limit the use up all of our time without hearing USPirg ability of people to serve here. We our- from the opposition. I will take a few Utah Progressive Action Network selves could put limitations in the Con- Vermont Pirg more minutes. If nobody is here, I will West Virginia Citizen Action stitution on our service, but States suggest the absence of a quorum and West Virginia Peoples’ Election Reform Coa- don’t have the right, according to the ask that the time be charged to the op- lition Supreme Court or the Federal courts, ponents of this amendment. I would Western States Center to do that. like to hear from them rather than Wisconsin Citizen Action I do not think this amendment falls burning off all my time. Mr. WELLSTONE. Mr. President, into that category. This is not some Mr. DODD. Well, I suggest that the these different organizations range limitation on a Member’s right to run time be charged to both sides equally. from the national AFL–CIO to or to serve. It merely offers the option That is normally how we proceed. Why AFSCME and SEIU. Also, at the State of a different mechanism for financing not go ahead, and I am sure others will level, there are a lot of different State the campaign. While I am not a con- come to the floor. organizations, including the California stitutional scholar, I am sure there Mr. WELLSTONE. All right. Mr. Clean Money Campaign, Arizona Clean will be those who make the case that President, there are 65 organizations Elections Institute, the Maine Citizen this may suffer from a constitutional that support this amendment. I ask Leadership Fund, Maryland Campaign flaw. I am sure there will be others who unanimous consent that this list be For Clean Elections, Massachusetts will argue that this does not. printed in the RECORD. Voters Information Clean Elections, In my view, because this does go in a There being no objection, the list was Public Campaign, Missouri Voters For direction that contributes significantly ordered to be printed in the RECORD, as Clean Elections, the Catholic Social to the underlying bill Senator MCCAIN follows: Justice Lobby, New Hampshire Citizen and Senator FEINGOLD have submitted SIXTY STATE AND NATIONAL ORGANIZATIONS Alliance For Action, Florida Consumer to us, it is worthy of support. SUPPORTING ‘‘STATES’ RIGHTS’’ AMENDMENT Action Network, and it goes on. I commend my colleague from Min- ACORN—Association of Community Organi- Then there is one organization I men- nesota for offering this creative idea. zations for Reform Now tion, which is the Fannie Lou Hamer We are constantly hearing from our Alliance for Democracy Project. I mention that project because colleagues how we need to give our American Friends Service Committee of I think in a lot of ways—and I hope I States more flexibility. It is a call we Northeast Ohio say this the right way because I have hear quite frequently in one piece of Arizona Clean Elections Institute such deep love and respect for the legislation after another. My colleague California Clean Money Campaign memory of Fannie Lou Hamer. For col- from Minnesota and I serve on the Edu- Campaigns for People, Texas leagues who don’t know about her, Citizen Action of New York cation Committee of the Senate. We Citizen Action of Illinois Fannie Lou Hamer was the daughter of have just spent a number of days— Colorado Progressive Coalition a sharecropper in Mississippi. There marking up, as we call it—writing up Connecticut Citizen Action Group were 14 children in her family, and she the education bill for elementary and Democracy South grew up poor. She was one of the great secondary education. Equality State Policy Center, Wyoming leaders of the civil rights movement. One of the important debates was Fannie Lou Hamer Project The reason I mention the Fannie Lou how much flexibility we would give our Florida Consumer Action Network Hamer Project is that Fannie Lou local communities and our States in Florida League of Conservation Voters Hamer uttered the immortal words, ‘‘I Georgia Rural-Urban Summit am so sick and tired of being sick and using Federal dollars. It is a worthy de- Global Exchange bate because most of us embrace the Gray Panthers tired.’’ She was talking about eco- idea that local communities ought to Hawaii Elections Project nomic justice issues. I think the reason have a great deal of latitude in decid- Indiana Alliance for Democracy the Fannie Lou Hamer Project is one of ing how the education system ought to Iowa Citizen Action Network the organizations that is most behind work in those communities. League of United Latin American Citizens this amendment is that a whole lot of I will be interested to know if those Louisiana Democracy Project people in the country—and I think this who are most vociferous in arguing for Lutheran Office for Governmental Affairs— whole issue of campaign finance re- greater flexibility at the State level in Evangelical Lutheran Church in America form—when you say it that way, it Maine Citizen Leadership Fund the education of our children would not Maryland Campaign for Clean Elections doesn’t have passion. It is about civil similarly be inclined to support this Massachusetts Voters for Clean Elections rights. I hear colleagues talking about amendment which would offer greater Michigan Campaign Finance Network freedom of speech and that more flexibility to our States that may de- Midwest States Center money is freedom of speech—the more

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.058 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2623 money, the more speech, and then raise the spending limits. So now some- the State level because once people re- some people who have all of this money body can go from $1,000 to $6,000 a year. alize at the State level they might be use a megaphone to drown everybody I recited the figure yesterday that one- able to achieve this—since it looks like else out. quarter of 1 percent of the population we are not there yet, though we are I am all for freedom of speech. I contributes $200 or more, and one-ninth going to take a good step forward, I think the Supreme Court is right, al- of 1 percent of the population contrib- hope, with McCain-Feingold—there is though I didn’t agree with the decision utes $1,000 or more. Now we are raising going to be a wave of grassroots in- in Buckley v. Valeo. If there was a it to $6,000. volvement where people in the States problem of corruption, that is the time Well, if you are worried about the are going to try to win this. And that for reform, they said. If you think the great advantage the wealthy can- is great. standard of a representative democracy didates have, then what you want to do I am looking to win this vote. I am is that each person should count as is move toward a system of clean looking for a vote for every reformer. one, and no more, we have violated money, clean elections. I wish we could Every Senator who says he or she is a that standard. pass it at the Federal level. That is reformer should vote for this amend- I will put this in a civil rights con- what makes it a more level playing ment. I am looking for a vote from text for a moment. A lot of people be- field. But if we can’t pass it at the Fed- Democrats. I am looking for a vote lieve they don’t have the freedom to be eral level, at the very minimum—and if from those Senators who voted against at the table, the freedom to participate we can’t pass it at the Federal level be- the so-called millionaire amendment in the political process, or the freedom cause some of the folks who have such because they did not think it was much to run for office; and they don’t have power can basically block that, so we of a reform to get to the point where the freedom to be people who can affect have to move along with McCain-Fein- you have a contest with someone who has a lot of resources versus someone who runs for office because they don’t gold as a first step, fine; but would it who is dependent on the top 1 percent have the big dollars. not make McCain-Feingold stronger to for their economic resources. I am Honest to goodness, I believe that ul- allow States to move forward if they looking for their vote for this. I am timately this debate is all about—I want to do so? looking for support from Democrats wish I had brought the brilliant speech I met with some of the legislators that Bill Moyers gave called ‘‘The Soul and Republicans. and some of the candidates, both Some of my Republican colleagues of Democracy.’’ This is about the soul Democrats and Republicans, from the come from States that have passed of democracy. If my father Leon was State of Minnesota, and it was one of clean money, clean election legisla- alive today—the Jewish immigrant I the most inspiring meetings I have tion, a voluntary system at the State mentioned earlier—he would say this is had. Oh, God, how I yearned that this level. They are doing it, and they are all about this wonderful, bold, beau- could be our elections. They were tell- doing it well. Can we not vote for the tiful experiment we have had in self- ing me: PAUL, I was an incumbent and proposition that we ought to at least rule in the United States of America. I had the money and I could have beat let the people in our States decide? We don’t want to lose that. We don’t a challenger, but it wasn’t the right That is all this amendment says. want to have a minidemocracy or a thing to do any longer. So I agreed to If there are colleagues who want to psuedodemocracy, when only certain participate in a clean money, clean speak, that is fine. I have been told people can run for office, when some election campaign. I felt so much bet- other Senators are on their way. I will people matter a whole lot more than ter about it. I did the right thing. That suggest the absence of a quorum, and I other people, in terms of who can affect was a Republican. ask unanimous consent that the time our tenure and who can’t. This be- Then you had challengers saying: If be charged equally to both sides. But I comes a justice issue. we didn’t have this clean money, clean ask those opponents to come to the I say to my colleagues—and I will be election system, there would be no floor—we do not want to use up all of very frank about it—the reason for this way, as a challenger, I could have our time, unless the opponents want to is absolutely constitutional. Not in one raised the money. This created, more throw in the towel right now and vote court case—and I mentioned the Min- or less, a level playing field. for this amendment. That would be OK, nesota court of appeals case—has any Everybody was saying: We had to too. judge raised a constitutional question. spend less time at these big-dollar I yield the floor and suggest the ab- We make it crystal clear that we are fundraisers and less time with cash sence of a quorum, with the time to be simply saying that—it is almost like constituencies and a lot more time charged equally to both sides. consumer law, where we make it clear, with real constituencies. We could be The PRESIDING OFFICER. Without hey, there is a Federal standard that at the coffee shops, we could be not objection, it is so ordered. The clerk no State can go below it. But if the chasing the big dollars but focusing on will call the roll. State of Florida or Minnesota want to the big issues. The legislative clerk proceeded to do better, they can do so. Well, Senators, vote for this amend- call the roll. Colleagues, we can do a lot better ment and at least let your State lead Mr. DODD. Mr. President, I ask unan- when it comes to financing campaigns. the way. If they want to pass it in the imous consent that the order for the Justice Brandeis was right; the States legislature, or by initiative, or ref- quorum call be rescinded. The PRESIDING OFFICER (Mr. are laboratories of reform, and I chal- erendum, however it is done, a law that REID). Without objection, it is so or- lenge Senators to come to the floor and would apply a voluntary partial, or dered. vote for the proposition that if your some form of public financing, to the Mr. DODD. Mr. President, I ask unan- State wants to apply a full or partial Senate and House races from States, imous consent that the distinguished public financing on a voluntary basis let them do so. Let them become the Senator from Florida be recognized to to congressional races so that the peo- laboratory of reform. See how the peo- speak for 5 minutes as in morning busi- ple of Florida, or Connecticut, or Ari- ple like it. You know something. You ness and that the time not be charged zona, or Wisconsin, or Minnesota, or will be striking a blow not only for to the present amendment. you name it, can feel like, by God, we clean money, clean elections, but you The PRESIDING OFFICER. Without have put together a model program for will also, as my colleague from Con- objection, it is so ordered. The Senator the Nation—we are leading the way— necticut pointed out, be consistent from Florida. then let them do so. about being a decentralist and letting (The remarks of Mr. NELSON of Flor- I am for McCain-Feingold unless it States lead the way if they have a ida are located in today’s RECORD gets too weakened. We had this debate model program. under ‘‘Morning Business.’’) yesterday where Senators came to the The third thing you are going to do, Mr. MCCONNELL. Mr. President, on floor and said we were presenting the and I do not know if I should make this the subject of the Wellstone amend- millionaires amendment. Their answer argument because it may be a reason ment, if my understanding is correct, I to the problem of people who have people vote against it, but the third is believe the Senator from Minnesota al- their own wealth and can finance their you are going to be nurturing and pro- lows each State legislature to deter- own campaigns was to dramatically moting a lot of grassroots politics at mine whether or not there could be a

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.061 pfrm03 PsN: S21PT1 S2624 CONGRESSIONAL RECORD — SENATE March 21, 2001 system of taxpayer funding and spend- it is further noteworthy that the Presi- this amendment. Mr. President, 24 ing limits imposed on Federal elections dential system is collapsing anyway. States including the State of Kentucky from that State. President Bush was able to raise more have a system of public financing or There are a lot of issues we don’t money because of his broad support partial public financing. They must know much about in terms of public across America and chose not to accept like it. But the point is, we give people opinion. But we do have a pretty good the public’s subsidy and the speech re- in our States the right to decide. That sense of how people feel about having strictions on his campaigns that go is all this amendment says. their tax dollars used to elect public along with that on a State-by-State I made the argument for clean officials. In a research project in Sep- basis. money, clean elections. But that is be- tember of 1999, the question was asked: Another candidate, Steve Forbes, ob- side the point. What we are saying is Should public funding be provided for viously because of his own personal let the States be the laboratories of re- all candidates running for Congress? It wealth, chose not to take public fund- form and let the people decide—what was very simply put. The public re- ing. I think that is a trend. I think you they did in Maine, or what they have sponded yes, 25 percent; no, 56 percent; are going to see more and more can- done in Massachusetts, or what they not sure, 18 percent. didates for President on both sides of have done in Arizona, or what they The use of the term ‘‘public funding’’ the aisle deciding they do not want to have done in Vermont, or, for that produces a better result for the pro- use taxpayer funds for their elections matter, what they have done in a lot of ponents of taxpayer funding of elec- because a number of bad things happen other States with partial public financ- tions because ‘‘public’’ is presumed to to you once you do that. ing. Let them decide whether, on a vol- be sort of a benign thing producing a We know that once you opt into the untary basis, they want to apply that positive response. I am unaware of system, you are stuck then with all the to congressional races. That is the what the answer would have been had auditors and all the restrictions. We point. We do not get to make that deci- the words ‘‘taxpayer funding’’ of elec- know one out of four of the dollars sion for them. You are just voting on tions been inserted, but we do know spent in Presidential elections has been the proposition of whether or not you when Americans know it is their tax spent on lawyers and accountants try- want to let the people in your States money that is being used, it produces a ing to help the candidates comply with make the decision. response sometimes ranking right up all the rules that come along with it Mr. President, I yield 10 minutes to there with anger. and of course also telling them how the Senator from Washington. We have an opportunity every April they can get around those rules. The PRESIDING OFFICER. The Sen- 15 to have the biggest poll on this sub- So it is a pretty thoroughly discred- ator from Washington. ject ever taken in America. It is the ited system that I think most Members Mr. REID. Will the Senator yield just check off on our tax returns which of the Senate are not going to want for a unanimous consent request? doesn’t add anything to our tax bill. It carried over to congressional races as Ms. CANTWELL. Yes. well. It is bad enough the Presidential simply diverts $3 of taxes we already Mr. MCCONNELL. Mr. President, owe to the Presidential election cam- elections are stuck with it. And of after consultation with the assistant paign funds. It doesn’t add to our tax course they are ignoring it. Democratic leader, I ask unanimous Issue advocacy was huge in the Presi- bill. Last year, only about 12 percent of consent that the vote on the Wellstone dential election. One of the reasons Americans checked off indicating they amendment occur at 2:15. both sides have gone to using issue ads wanted to divert $3 of their tax bill Mr. KERRY. Reserving the right to is the scarcity of hard dollars, even away from children’s nutrition or de- object, Mr. President, I would like to when supplemented with tax dollars in fense of the Nation or any other worth- ascertain how much time remains and the Presidential race, a genuine scar- while cause the Government funds into how much time might be available. city in terms of the enormous audience a fund to pay for buttons and balloons Mr. MCCONNELL. If I may finish, I you have to reach in America. at the national conventions which get This is a system that simply does not say to my friend from Massachusetts, some of the tax money, and the Presi- allow the candidates for President to the thought we had was 20 minutes of dential campaigns, which get some of get out their own message. To give the time between now and then would that tax money. State legislatures the opportunity to be for your side and 10 for our side. Interestingly enough, this has con- impose that on us without our will, Mr. REID. I think that is about all tinued to drop over the years. It was without acting at the Federal level, the time we have anyway, isn’t it, on originally $1 when it was set up back in seems to me a particularly bad idea. I Senator WELLSTONE’s time. the mid-1970s. The high water mark of hope this amendment will not only be Mr. KERRY. How much time remains taxpayer participation was 29 percent defeated but be soundly defeated. on our side? in 1980. It has gone consistently down I yield the floor and retain the re- The PRESIDING OFFICER. There re- since then. Ten years ago, in order to mainder of my time. main 21 minutes 52 seconds. make up for the lack of interest, when The PRESIDING OFFICER. The Sen- Mr. KERRY. Could I ask for 12 min- the other party was in charge of both ator from Minnesota. utes? Houses and the White House, the $1 Mr. WELLSTONE. Mr. President, Mr. REID. Senator CANTWELL, I check was upped to $3 so that fewer there are two colleagues on the floor, think, indicated she would like 8 min- and fewer people could designate more and I will just take 1 quick minute to utes. and more money to make up for the respond. How much time do we have Mr. WELLSTONE. I would like to re- lack of public interest in having their left? serve. There are others coming. Unfor- dollars pay for political campaigns. The PRESIDING OFFICER. Just tunately, when we went into a quorum In short, with all due respect to the under 24 minutes. call, the time was equally divided be- Senator from Minnesota, who has been Mr. WELLSTONE. Just under 24 min- cause we didn’t have people down here. very straightforward about the fact he utes. I say to all Senators—or staffs, I would like to reserve the last 3 min- would like to have taxpayer funding of because quite often staffs follow this utes for myself. all elections in America, this is not an debate as well—it all depends upon how Mr. REID. I say to my friend from idea widely applauded by the American you frame the question. Actually, when Minnesota, we have 21 minutes. people. In fact, they hate it. Almost you talk to people and say, do you Mr. WELLSTONE. Let’s do 10 and 8. any way you ask the question, there is want to try to get some of the private Mr. MCCONNELL. I will be glad to a negative response. money out and big dollars out and you accommodate your side. Senator I hope this amendment will be de- want to have clean money, clean elec- WELLSTONE wants to speak again, Sen- feated. It certainly takes us in exactly tions where they are your elections and ator CANTWELL, Senator KERRY—are the wrong direction if the idea is to your government, people are all for it. there others? produce a campaign finance reform bill It depends on how you frame the ques- Mr. REID. Senator CORZINE wanted 5 out of the Senate which might subse- tion. minutes. quently at some point be signed by the But all the arguments my colleague Mr. WELLSTONE. You tell me how President of the United States. I think from Kentucky made do not apply to to do that.

VerDate 21-MAR-2001 01:34 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.064 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2625 Mr. KERRY. Mr. President, I ask ance that they have demonstrated on getting addressed in the Senate. And unanimous consent that, after the Sen- this issue. Campaign finance reform that is why we need to change our sys- ator from Washington, I be permitted has few friends. It has many enemies. tem. to speak for 10 minutes and we have It suffers from a public that simply be- I welcome Senator WELLSTONE’s the vote at the conclusion of that lieves that we can not reform ourselves amendment and his recognition that amount of time, and allowing for the or this system. JOHN MCCAIN and RUSS States can be leaders in this area. I time for the use of the Senator from FEINGOLD, at great personal expense, hope my colleagues embrace the spirit Kentucky as the manager on his side. have championed this cause for many of this amendment and recognize it for Mr. MCCONNELL. What I would like years and I am proud to join them in what it is—a great opportunity to to do is set a time for the vote in con- the heat of this battle. watch, to see, and to learn from those sultation with the Senators on the I rise today in support of the experiments that are happening at the floor, and we will divide the time after Wellstone amendment that I am co- State level. that. sponsoring along with Senators As Senator WELLSTONE said, States Mr. KERRY. Mr. President, could I CORZINE and KERRY because I believe it are great laboratories. By letting suggest perhaps we allow the Senator will truly start us down the road of States that are interested in doing so from Washington to begin speaking and progress. Progress in allowing clean set up public funding systems for their arrange the time? money and clean money efforts to fi- Federal candidates, we will be pro- Mr. REID. How much time does the nance campaigns. There is almost a viding ourselves with valuable research Senator need? grassroots effort popping up in many on how we can level the playing field Mr. KERRY. Mr. President, 12 min- States such as Maine, Vermont, Ari- and get the money out of politics. utes. zona, and Massachusetts, and hopefully Think about that: The time that Mr. REID. CORZINE 5 minutes; with this amendment, in many more Members spend raising money instead WELLSTONE, 5 minutes. States across our country. spent listening to the voters in their Mr. MCCONNELL. CANTWELL? The clean money effort allows us to States. Mr. WELLSTONE. Mr. President, 10 put our political system where it be- We have already learned from the minutes. Vote at 2:30. longs—back in the hands of the public, clean money election systems in Maine Mr. MCCONNELL. Mr. President, I making it more accountable for the that candidates taking part in that ask unanimous consent a vote occur on people we represent. This is the polit- voluntary system have had the fol- the Wellstone amendment—on or in re- ical reform that our country so badly lowing things say: lation to the Wellstone amendment at needs. It was easier to recruit candidates to 2:30. The money we raise from special in- run for office. Mr. REID. And the time be allo- terests plays a role in politics. It plays It is what the people want. cated—— a role in setting the terms of the de- I will only have about half the money Mr. MCCONNELL. The time be allo- bate. It plays a role in what issues get I raised last time but much more time cated in the following manner: 12 min- placed at the top of the legislative to talk to the people. utes for Senator KERRY, 5 minutes for agenda. And, most importantly, it We have learned that voluntary lim- Senator CORZINE, 5 minutes for Senator keeps the focus in the wrong place. its can work. In his Senate race in 1996, WELLSTONE at the end, 5 minutes for Elizabeth Drew, wrote a book called Senator JOHN KERRY and his opponent, Senator CANTWELL—10 minutes for ‘‘Whatever It Takes,’’ that chronicled then-Governor Bill Weld, agreed to a Senator CANTWELL. some of the way business and the Con- voluntary spending limit, and the re- The PRESIDING OFFICER. Is there gress operate. Paraphrasing her re- sult was a campaign waged largely on marks, some of the interest groups op- objection? the issues. Senator KERRY proved there pose legislation because it is the cam- Mr. MCCONNELL. And 2 minutes be- are incentives for both sides to improve fore the vote for the Senator from Ken- el’s nose under the tent. It is some- the political discourse. tucky. thing they can stop, and so they do. In Arizona, 16 candidates were elect- We need a political decision making The PRESIDING OFFICER. Without ed under the clean money system, in- process in Congress in an information objection, it is so ordered. cluding an upset victory over the age where people are brought together, The Senator from Washington. former speaker of the State senate. and not just met with because we agree Ms. CANTWELL. Mr. President, I And the challenger spent only one- rise today in support of the McCain- with them. Our failure to act to reduce the amount of money in politics is quarter of the money that his opponent Feingold campaign finance reform leg- feeding the skepticism and cynicism took. islation and the Wellstone amendment. In Maine, 49 percent of the State sen- about politics and government among I ran for the U.S. Senate because I be- our citizens, and particularly our ate candidates won their seats while lieve it is time for us to reform our po- youth. participating in the clean money pro- litical system and bring it into the 21st At a time when we are not far from gram. century. At a time where citizens are Internet voting, we ought to have a Overall, States implementing public more empowered than ever with infor- system of financing campaigns that en- financing have seen more candidates mation, where access to technology courages our citizens to be more in- run, more contested primaries, more and communications tools makes it volved. Our citizens believe the current women running for office, and, most possible for citizens to track and un- campaign finance system prevents us importantly, it is proving that good derstand on a daily basis our legisla- from acting in their interest. candidates can run winning campaigns tive progress, and where citizens under- We have been through a technology and participate in a system that limits stand exactly the tug and pull of the revolution in this country, and we have spending. legislative process, that is, who is get- to have a governing system, and a cam- The only way we have to truly level ting tugged and who is getting pulled. paign system that will keep pace with the playing field, both between can- It is time to respond with a political it. didates and parties of opposing system that is more inclusive in the I was reminded in this last cycle— ideologies, and more importantly, be- decision process. That meets the best going around the State of Washington, tween new candidates and incumbents, long term needs of our citizens, instead I met a constituent who wanted to tell is to commit the resources to the proc- of a political system of financing cam- me about a piece of legislation. They ess of getting people elected. paigns that rewards short-term expe- turned around to their desktop and Not until we create a campaign sys- dient decisionmaking. printed off the bill that was being con- tem with a shorter and more intensive But before I go on about the sidered, circled the sections of the bill campaign period—something I think Wellstone amendment that I rise to they were most interested in, and said: the public would truly applaud—funded support, I want to thank the authors of Now tell me why we can’t get this with finite and equal resources avail- the bill, Senators JOHN MCCAIN and passed by the U.S. Senate. able to all candidates, will we be able RUSS FEINGOLD, for the commitment, I didn’t have to answer this person. to really listen carefully to what the determination, courage and persever- They knew very well why it was not people want.

VerDate 21-MAR-2001 02:36 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.068 pfrm03 PsN: S21PT1 S2626 CONGRESSIONAL RECORD — SENATE March 21, 2001 Not until then will we be able to free to affect Federal campaigns than the the House of Representatives, but the candidates from the time, and the en- average American citizen. large money has more control over ergy drain that is needed for dialing for I do not know if my colleagues are what happens here than their conglom- dollars. Not until then will we be able aware of this, but almost all of the soft erate votes they express on election to improve the quality of political dis- money that was contributed in the last day. course, to play down the dominance of election cycle for both parties came What the Wellstone-Kerry-Cantwell polls, to render tax-driven negative ads from about 800 people. Obviously, those amendment seeks to do is simply give ineffective, and to remove the appear- 800 people have the capacity to be able a choice to States. If you are a conserv- ance that political decisionmaking is to put up larger Federal contributions ative and you believe in States rights, not based on principle but on the de- or match Federal dollar contributions. here is the ultimate States rights pendence on funds. What the Congress ought to be doing amendment because what we are say- We can’t in an information age and a and what we ought to be focused on is ing is that a State has the right to technology age be smart enough to fig- how to put the greatest distance be- offer to its candidates a different way ure out how to make prescription drugs tween each of us in the fundraising and of getting elected. And if the candidate and new therapies improve the quality create the greatest proximity between for Federal office wants to take advan- of life and health care and yet not even each of us and the people who vote for tage of that, they may. It does not re- have the debate to make prescription us or who are asked to vote for us. quire you, there is no mandate, any drugs more affordable. The Senator from Kentucky said ear- person in the Senate who wants to go Why is that? Because it, too, has got- lier in this debate that this amendment out and rely on their amounts of ten clogged in this debate and cam- by Senator WELLSTONE, myself, and money they can raise can do so. But it paign finance reform. Senator Senator CANTWELL is a bad idea be- gives to the State the right to put that WELLSTONE’s amendment removes the cause it would tell the States how to as an offering to those who run. roadblock to exploring new options for run a Federal election, or it would take Why is it that we should stand here getting people elected in a new infor- our campaigns—I think was the lan- and take ownership of the campaign mation age. I support the right of guage—and prevent the States from away from the people who elect us, and States to experiment with new ideas to somehow living by the rules that the deny them the right to say they would help level the playing field and to im- Federal Government has set up or es- like to see the races for the House and prove our election process and our pouses. Nothing, again, could be fur- the Senate run by the same standard campaign system. ther from the truth. that we run our race for Governor and Thank you, Mr. President. First of all, it is not our campaign. It for our local legislature? Mr. WELLSTONE. Mr. President, I is the voters’ campaign. This election As I said earlier, nothing in McCain- thank Senator CANTWELL but remind belongs to the voters of each of our Feingold will ultimately resolve the her that actually we worked together States. How presumptuous of us to terrible problem of Senators having to on this amendment. It is really our stand here and say we should deny the raise extraordinary sums of money. amendment—the Wellstone-Cantwell- voters of our States the right to elect The reason for that is we are still going Kerry amendment. us the way they might like to elect us. to have to go out and raise tens of mil- I thank the Senator for her help on Moreover, this amendment is purely lions of dollars, except it will be with- the amendment. voluntary. No Member of Congress is out soft money; it will be so-called The PRESIDING OFFICER. The Sen- compelled to go with the system even hard money. ator from Massachusetts. if a State requires it. So it is really Let me say to my colleagues, they Mr. KERRY. I thank the Chair. only a half preemption. It is a way of will still—each of them—be completely Mr. President, let me begin my com- saying to those 24 States—almost half subject to the same kinds of questions ments by making it as clear as I can the States in the Union; among them that exist today about the linkage of that I am a strong supporter of the the State of the Senator from Ken- money and politics. The only way we McCain-Feingold legislation. I have tucky. They have already adopted will ultimately divorce ourselves from had the pleasure of working with both some form of public financing. Every that perception which leads most of them through the years on campaign one of those States has decided they do Americans to believe that this whole finance reform. I want McCain-Fein- not want special interests governing thing is somehow out of their reach gold to pass the Senate and ultimately the elections. They want to reduce the and out of their control, and that it is be signed into law. election process to the simplest con- gamed and they cannot really make a But let me also make it equally as nection between candidate and voter. difference—the only way you will af- clear to my colleagues and all Ameri- I am pleased to say that ever since I fect that, ultimately, is to adopt some cans who are focused on and care about ran in 1984—the first time for the Sen- form of public financing. this issue that what we might achieve, ate—I have been able, thus far, to run I know the votes are not here today. if we pass McCain-Feingold, is only a without taking the larger conglom- I know too many of my colleagues are small step towards what we ought to be erate funds, the PAC money funds. I comfortable with the status quo. I trying to do in this Congress. The fact think I am the only Member of the know we cannot win that vote in the is that even if we pass McCain-Fein- Senate who has been elected three Senate today. But that does not mean gold, all that we would have achieved times without taking PAC money. I am we should not put it in the debate. And is a reduction—it is not all, but it is proud of that. That is not because it does not mean we should not require significant and it is important—in the PACs are inherently evil or a bad part a vote because the real test of whether soft money flow to our campaigns of the process. I think it is fine under or not people want our democracy to through either corporate contributions the Constitution for people to come to- work is whether or not we are going to or private contributions. gether and give money jointly through do the most we can, in a most reason- Nothing in McCain-Feingold is going a PAC. The problem is, when it is con- able way, to separate ourselves from to restrain the arms race of fundraising glomerated the way it is, in the the fundraising that is so suspect and in the United States. Nothing in amounts that it is, it leaves our fellow that taints the entire system. McCain-Feingold is going to restrain citizens with the perception that the I respectfully suggest to my col- ultimately the dependency of people in system is up for grabs; that the money leagues that a voluntary system—once Congress to have to go out and ask peo- is what controls the elections of our again, purely voluntary; no challenge ple for significant amounts of money in country. to the first amendment at all; no man- total—because of amounts of money Senator JOHN MCCAIN, in the course date whatsoever; no constitutional that you can give Federally—hard of his Presidential campaign, elicited issue —simply a voluntary system that money up to the $25,000, which may from his countrymen and women a would allow a candidate to go for well be lifted in the course of this de- great sympathy for that notion. Part of matching money, in the same way that bate—people who have $20,000, $25,000, what propelled that campaign was peo- we do in the Presidential race, and or $15,000 to make in a contribution ple’s conviction they do not get to con- have done for years—and, I might add, will have far more capacity to be able trol what happens in the Senate and contrary to what the Senator from

VerDate 21-MAR-2001 02:36 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.070 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2627 Kentucky said, with great success— MCCAIN and FEINGOLD have settled is the direction in which to go, as has even President George W. Bush in the where they are is because this is the already been accomplished by a num- general election took the public fund- best chance we have for the votes we ber of States. Maine, Vermont, Massa- ing. He ran for President of the United have today. But that does not mean the chusetts, and Arizona have led the States with public money. Bob Dole Senate should not be called on to de- way, but there are about 24 States in ran for President of the United States bate and vote on an issue that ulti- the country that have some system of with public money. President George mately will be the only way out of this public or partial financing. Bush first ran with public money. morass that we find ourselves in. We are not voting today for clean President Ronald Reagan ran with pub- I think my time has expired. money, clean elections. We are just lic money. Why is it that if it is good The PRESIDING OFFICER (Ms. voting on the following proposition: enough to elect a President of the STABENOW). The Senator’s time has ex- Will we vote to allow our States, the United States, it should not at least be pired. people in our States and their elected voluntarily available to those who run Mr. KERRY. I thank the Chair and representatives, the right to decide for the Senate? hope my colleagues will support this whether or not a system of voluntary The reason is too many of my col- voluntary opportunity that the Sen- partial or full public financing should leagues know that might put the oppo- ator from Minnesota offers. be applied to U.S. House and Senate sition on an equal footing with them. The PRESIDING OFFICER. The Sen- races. Why don’t we allow the people in Too many of my colleagues are com- ator from Minnesota is recognized. our States the chance to make that de- fortable with the system where they Mr. WELLSTONE. Madam President, cision? can use the incumbency to raise the do we have, all together, 10 minutes re- This is a Brandeis amendment. large amounts of money and not allow maining? States are the laboratories of reform. for a fair playing field that enhances The PRESIDING OFFICER. There is For Senators who say they want States the democracy of this country. a total of 20 minutes preceding the to decide on the most fundamental core That is why the Senate has more vote. The Senator from Minnesota has issue of all, which has to do with rep- than 50-percent membership of million- 5 minutes remaining, and the Senator resentation, let them decide. If they aires—because most people in this from New Jersey has 5 minutes. don’t want to adopt such a system, country cannot afford to run for the Mr. WELLSTONE. I say to my col- they won’t, but let them decide. Senate. That is how our democracy in league from Massachusetts, if he would Secondly, by doing that, we will nur- this country is, in fact, distorted. We like, I will yield an additional 5 min- ture and provoke a wave of grassroots do not have a true representation in utes to him. I will reserve the final 5 citizen involvement because people will the so-called upper body of America be- minutes. We are in complete agree- realize that at their State level not cause too many people cannot even ment. He is making a very strong only can they adopt clean money, clean begin to think about running for office statement for clean money, clean elec- elections that affect State races, but in this country. tions. they can do it so that it will affect our Last time I ran in the State of Mas- Mr. REID. Madam President, if the races. sachusetts, the Governor of the State, Senator will yield, the Senator from This is simply an amendment that a Republican, joined with me in put- New Jersey is on his way. He has 5 min- says: Let the States, our States, make ting a limit on what we would spend. utes. The Senator from Minnesota has the decision whether they want to We voluntarily agreed to no inde- 5 minutes. The rest is under the con- adopt such a voluntary system of par- pendent expenditures. We voluntarily trol of the Senator from Kentucky. tial or full public financing or clean agreed to no soft money. We volun- That was the understanding we had. money, clean elections. tarily agreed on a total limit of how Mr. WELLSTONE. I am sorry, I was Senator CORZINE and Senator BIDEN much we would spend in our campaign under the impression that the Senator are on the floor. I yield the final 6 or 7 on the ground and in the media. from New Jersey would not be able to minutes equally divided between the The result of that was, we had nine 1- make it at all. two of them. I yield 3 minutes to the hour televised debates. And in the Mr. REID. He is on his way. Senator from Delaware. course of those nine 1-hour televised Mr. WELLSTONE. I will take my The PRESIDING OFFICER. The Sen- debates—in the course of all the free time now. This is a joint effort. There ator from Minnesota has used his 5 media—the people in the State were are a number of different Senators who minutes. able to hear a debate about Social Se- are part of this: Senator CANTWELL The Senator from Delaware. curity, a debate about Medicare, a de- worked very hard on this, Senator Mr. BIDEN. Madam President, I bate about health care, a debate about KERRY; Senator BIDEN is an original co- thank my colleague from Minnesota, the economy; and they ultimately sponsor; Senator CORZINE is an original Senator WELLSTONE, for bringing this made a decision. cosponsor; Senator CLINTON is an origi- amendment to the Senate, and I am I say to my colleagues, I warrant nal cosponsor. There are other Sen- pleased to join him in this effort to fi- that 95 percent or 100 percent of the ators as well. nally break the ice on getting rid of dollars we spent on paid advertising— My colleague from Kentucky has special interest money in our cam- which were equal amounts—was a com- made the argument before—in fact, I paigns—once and for all. plete wash, a mishmash that ulti- remember debating him on MacNeil, He and I have been at this for a long mately did not affect the outcome. Lehrer that public financing, a clean time, a very long time. And while I We are hocking the Congress of the money, clean election bill, which Sen- support the McCain-Feingold bill, we United States to our fundraising ef- ator Kerry and I have written, would have to remember that it only address- forts in order to be able to run paid ad- amount to ‘‘food stamps for politi- es a portion of the problems we have. vertisements that result, generally cians.’’ The problem with that argu- Indeed, the effort to secure real re- speaking, in a clouding of the issues, ment is that it presupposes that the form of the way we finance political not a shedding of light to people about election belongs to the politicians. The campaigns has been a central concern what these issues are really about. election belongs to the people we rep- of my entire Senate career, almost The only way to stop having Ameri- resent. three decades. In fact, the first Com- cans ask about the influence of money I argue that McCain-Feingold is a mittee testimony I ever gave as a U.S. is to adopt the greatest division be- step in the right direction, but if we Senator, back in 1973, was to speak in tween us and the influence of the want to have a system that gets out a favor of public financing and spending money. And that will come through lot of the big money, brings people limits for campaigns. some form of public financing. back in, is not so wired for incumbents, And if you think campaign finance I will be speaking more about this in and assures that we have a functioning reform is a tough issue today, let me the next few days. I will be offering an representative democracy where we do tell you, as some of my colleagues well amendment to this bill that tries to go live up to the goal of each person remember, it was truly unpopular then. further than what we currently have on counting as one, and no more than one, As I continued to push for public the table. I know the reason Senators frankly, clean money, clean elections funding of campaigns in 1974, my goal

VerDate 21-MAR-2001 02:36 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.073 pfrm03 PsN: S21PT1 S2628 CONGRESSIONAL RECORD — SENATE March 21, 2001 was to get rid of special interest financing, including a separation of its in congressional campaigns, in ex- money—money that pollutes the sys- powers question regarding how Com- change for certain public funding bene- tem and drowns out the voices of ordi- missioners to the FEC were appointed. fits, as well as restrictions on PAC re- nary persons. Special interest money In response to the Court’s decision, ceipts and soft money. has a tendency to influence anyone Congress enacted additional amend- But the legislation was vetoed by running for public office, or at a min- ments to the FECA in 1976, which President George H.W. Bush, and our imum, casts that impression that again, I supported. One amendment re- Senate override vote failed by 57–42. elected officials are beholden to some- pealed the spending limits except for When we resubmitted the legislation one other than the American people. publicly financed campaigns; another the following year, with Senator Boren Public financing also helps to level addressed the FEC appointment proce- again as the lead sponsor and with the financial playing field for chal- dures; and another restricted and regu- President Clinton’s support and, in- lengers taking on well established in- lated PAC fund-raising. I also sup- deed, some additional provisions pro- cumbents who had virtually all of the ported a third round of refining FECA posed by the White House, the Congres- fund-raising muscle. amendments, which passed in 1979. sional Campaign Spending Limit and But again, I encountered a lot of op- In addition to those successes in the Election Reform Act again got pretty position, from colleagues on both sides 1970s, there were also frustrations. In far. Just as I had done 20 years before, I of the aisle. A story I know I have told 1977, I introduced legislation to pro- testified before the Senate Rules Com- before: One senior Senator pulled me hibit the personal use of excess cam- mittee, arguing for public financing as aside in the cloakroom, and told me paign funds by defeated candidates, by the only road to true campaign finance that he had worked hard and earned his retired or resigned Federal office hold- reform. The bill, with one major com- seniority, and he was not going to open ers, or by the survivors of a deceased the door for some challenger to be able promise amendment, passed the Senate office holder. The bill was debated on 60–38, but a compromise with the House to raise as much money as he could. He the floor, but ultimately failed. basically asked me—I expect when he proved more difficult, and our debate The greater frustrations of the late ended with a filibuster against appoint- would tell the story, he didn’t ask me, 1970s and early 1980s were, first, that he told me—to stop what I was doing. ing conferees. partisan stalemate kept us from mak- The 104th Congress saw a famous In that same year, 1974, I wrote an ar- ing additional progress, and second, ticle for the Northwestern University handshake between President Clinton that despite our efforts with the FECA and the Speaker of the House, Mr. Law Review, outlining the three prin- amendments, individual campaigns and cipal reasons that I was pursuing cam- Gingrich, signaling their ‘‘agreement political parties were bypassing the in principle’’ to pursue campaign fi- paign finance reform. First, a political laws by taking advantage of loopholes process that relied totally on private nance reform. And the two major in the regulatory language and system. sweeping reform bills, which continue contributions allowed for, at the very We finally broke the stalemate on re- least, the potential of wealthy individ- to dominate our debates today, were form legislation in the Senate, and on born McCain-Feingold in the Senate, uals and special interest groups exer- narrowing one of the biggest loopholes, cising a disproportionate influence and Smith-Meehan-Shays, now known by delineating more specific guidelines as Shays-Meehan, in the House. over the system. for the use of political action commit- Second, such a process meant that Then in 1997, I again partnered with tees, or PACs, when we passed the Senator KERRY, as well as Senators wealthy candidates had an almost in- Boren-Goldwater amendment in 1986, WELLSTONE, Glenn and LEAHY, to intro- surmountable advantage. And third, in- legislation I was proud to cosponsor. duce the Clean Money, Clean Elections cumbents had an equally daunting ad- This would have reduced PAC contribu- Act. vantage; the system virtually locked tions and put a total limit on the That proposal would have wiped pri- them into office. vate money out of the campaign sys- We did make some progress in 1974, amount of PAC money a candidate tem almost entirely, by greatly reduc- largely because of documented abuses could accept. ing the limit on individual contribu- in the 1972 presidential campaign, with But the celebration was short-lived, tions and imposing an additional limit the passage of Amendments to the Fed- and progress on campaign finance re- form stalled again, despite our con- for each state. Candidates would have eral Election Campaign Act of 1971, received public funds and free media known as the FECA. The 1974 amend- tinuing efforts to give it a legislative jump start. time, calculated by State size. ments, which I supported, established Unfortunately, as with so many other the Federal Election Commission to With my colleagues, Senator KERRY from Massachusetts and then-Senator proposals directed toward public fi- help ensure proper enforcement of cam- nancing for congressional campaigns, paign laws, and also set the now famil- Bradley from New Jersey, I offered public campaign financing bills in the we got no further than a referral to iar federal campaign contribution lim- committee. its of $1,000 for individuals and $5,000 101st, the 102nd and the 103rd Con- gresses. In recounting this history, I do not for political action committees. mean to sound downtrodden or discour- The amendments further established Others among our colleagues were equally persistent during this era, per- aged. campaign spending limits and ex- We have made progress through con- haps most notably, Senators Boren and panded public financing for presi- gressional action—with the FECA Mitchell, Senator Danforth and Sen- dential campaigns. amendments and since 1979, the elimi- Not unexpectedly, the constitu- ator HOLLINGS, who has proposed a con- nation of honoraria and the ‘‘grand- tionality of the 1974 amendments was stitutional amendment to allow Con- father clause’’ on the personal use of challenged almost immediately, and gress to pass legislation setting manda- excess campaign funds, the National the Supreme Court decided the issue in tory limits on contributions and ex- Voter Registration Act and the in- its 1976 landmark ruling, Buckley v. penditures for federal campaigns. I crease in the tax return checkoff for Valeo. have supported that proposal in the the Presidential Election Campaign The Court upheld the law’s contribu- past, as well as other reforms sug- Fund from $1 to $3. tion limits, but overturned the limits gested by the distinguished Senator The 106th Congress saw no fewer than on expenditures as a too severe restric- from South Carolina and other col- 85 campaign finance reform bills intro- tion of political speech. The Court did leagues. duced, 24 of them in the Senate, includ- leave open, however, the possibility of We did manage to pass several sig- ing the McCain-Feingold bill that we spending limits for publicly financed nificant pieces of legislation through are debating today, as well as the campaigns—which, so far, despite my the Senate, only to have the process Hagel-Kerrey bill on which hearings best efforts, has been limited to presi- stalled again in the conference process. were held last spring. dential campaigns—because the can- And as I know many of my colleagues While none of the sweeping reform didates could disregard the limits if will remember, we even managed to get proposals made it through the last they rejected the public funds. a pretty good bill out of conference and Congress, we did take a small but im- There were additional issues in the through both Houses, in 1992—a bill portant step, enacting a proposal ini- case, not directly related to campaign that included voluntary spending lim- tially offered by Senator LIEBERMAN

VerDate 21-MAR-2001 02:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.075 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2629 and later incorporated into an amend- need for perpetual fundraising by elect- is too much money involved in politics. ment he sponsored with Senators ed officials. In their home States, if they like the McCain and Feingold. But above all else, it helps restore idea of too much money continuing to The legislation, which in virtually the American people’s faith in our de- be involved in politics, so be it; they identical form to McCain-Feingold- mocracy. can decide that. But if they decide that Lieberman was signed into law by The truth is that campaigns are fi- there is a way to get the big money out President Clinton last July, addressed nanced by people, and when they are fi- and a way to make sure every single the problem of so-called ‘‘stealth nanced by all the people—not just a voter in the State has the same say as PACs,’’ operating under section 527 of small percentage—they will create any wealthy person, then they might the tax code. much better government and will do do this. Such organizations claimed tax ex- the one thing that most needs to be This is so modest, it is almost embar- empt status, but at the same time also done at this time, and that is to begin rassing to have to argue for its pas- claimed exemption from regulation to restore public confidence in the sys- sage. It is the single most insightful under the FECA. That meant these tem. Either all of America decides who way to understand why what we are stealth PACs could try to influence po- runs for office, or only a few people. doing doesn’t mean much. litical campaigns with undisclosed and It’s as simple as that. The PRESIDING OFFICER. The time unregulated contributions, all tax free. And if we cannot pass this at the of the Senator has expired. The new law closes that loophole, re- Federal level, let’s at least give the The Senator from New Jersey. quiring 527 organizations to adhere to States the chance to do it, as Senator Mr. CORZINE. Madam President, I appropriate regulatory and disclosure WELLSTONE is proposing. The fact is, rise today in strong support of the requirements. Again, an important the States have been leading the way Wellstone-Cantwell States’ Rights step. when it comes to public financing. amendment. I am proud to be a cospon- And I hope it is a step that gives us My home State is now considering sor of this amendment which will allow momentum to make further progress in such a proposal. If candidates can agree States to attempt innovative ap- the 107th Congress. My own legislative to spending limits, and choose public proaches to campaign finance reform initiatives, throughout my career, have financing over special interest money, on their own initiative. focused on public financing of federal we should not stand in the way of al- The McCain-Feingold reform bill campaigns, and I continue to believe lowing a state to pursue an avenue of goes a long way towards reforming the that it is truest course to reform. reform that we are reluctant to take campaign system. This amendment al- But I have been in the past, and will here in Washington. lows States to go even further. It be in our deliberations now, willing and Public financing is the true, com- would allow States to use money from eager to support other brands of reform prehensive way to reform. While I their own treasuries, to ensure that that offer responsible regulation and would prefer to enact public financing campaigns are funded with clean close what can, at times, seem like an at the federal level, I nevertheless sup- money. Money that is free from the endless chain of newly exploited loop- port my colleague’s effort to restore taint of special interest. holes in existing law. faith in our electoral process by giving As you well know, States have his- Our goal, whatever proposal is at States the go ahead. torically acted as engines of reform. issue, must be to uphold the public Madam President, I don’t understand Some States, including New Jersey, trust and to secure public confidence in what my friend from Kentucky gets so have adopted strong public financing the integrity of our election process. worried about. I know he disagrees systems allowing candidates a level We are not entitled to that confidence; with guys like me and the Senator playing field when seeking statewide we have to earn it. from Massachusetts about public fi- office. However, when it comes to cam- That is no small task, especially hav- nancing of elections, which I think is paigns for Federal office, these States ing just emerged from an election that the only way we ever clean this up. hands are tied. According to the Fed- was not only contentious but expen- This is a simple yet important eral Election Campaign Act, Federal sive—the total amount raised just by amendment. All we are saying is, if candidates are not allowed to take part the two national parties was close to your State decides it wants to put in a in those financing systems. $1.2 billion, a $300 million increase from financing system and if both can- This amendment is remarkably sim- the 1996 election cycle. didates running for office or three can- ple. It allows States to extend to Fed- And half of that $1.2 billion was so- didates running for that office agree to eral candidates public funding solu- called ‘‘soft money,’’ raised and spent abide by it, then what is the big deal? tions already available to candidates beyond the reach of federal regulation, I find it so fascinating that by and seeking State office. although certainly with the intent of large my Republican friends talk about The fundamental reason McCain- influencing some Federal elections. As States rights so much. They are such Feingold is important is that it holds the amounts and creative uses of soft great champions of States rights. They the promise to reduce the amount of money have grown, we must give the would love the Environmental Protec- dirty money in the campaign process, issue the serious consideration it mer- tion Agency to be subservient to the to reduce any appearance of impro- its, as, I might add, McCain-Feingold States. They think the 11th amend- priety on the part of representatives does, with its outright ban on soft ment means something the Supreme elected to do the people’s work. Some money raising and spending in Federal Court, unfortunately, has decided it States have already realized that pub- races. means. The States are the repository of lic financing is the necessary next step In the past, as I’ve attempted to sum- wisdom to my friends on the other side in the equation, that public money is marize today, we have made some of the aisle, by and large. clean money. However, states find progress, but time and time again, we We are not going to even allow the themselves restrained in enacting a so- have stopped short of how far we need States, if they choose, to set up a fi- lution. to go on campaign finance reform. nancing system for elections if all the This amendment will not cost the The amendment offered by Senator candidates voluntarily agree. If they U.S. Government a penny. It does not WELLSTONE today gives us at least a don’t voluntarily agree, they can’t do mandate public financing in any way. chance, for Senate races in some it constitutionally, in my view. Here In fact, the United States already pro- States, to discard the influences of spe- we are with even this modest attempt. vides public support for candidates cial interests. What we are afraid of on this floor is seeking the presidency. And this Public financing allows candidates to the public one day waking up and say- amendment does not propose to extend compete on an equal footing where the ing: Hey, the emperor has no clothes; the same financing to all Federal can- merits of their ideas outweigh the size this has been a big sham. Gosh, look at didates. Rather it allows States the of their pocketbook. It frees members this, I didn’t realize this. freedom to offer public financing and a from the corroding dependence on per- All they know now is generically more level playing field for candidates sonal or family fortune or the gifts of they don’t like the way we do business. seeking Federal office. Do we allow special interest backers. It ends the All they know now is generically there States the freedom to determine the

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.076 pfrm03 PsN: S21PT1 S2630 CONGRESSIONAL RECORD — SENATE March 21, 2001 format of their own campaign finance to $3, so fewer and fewer people could the overwhelming majority of the Sen- systems? Or do we allow reform to end divert greater and greater amounts of ate will agree that authorizing the use with McCain-Feingold, to end with the money to try to make up for the short- of tax dollars for political campaigns is Congress? fall that was occurring because of lack a uniquely bad idea—and already tried. New Jersey has an excellent public fi- of participation, lack of interest, and We have had a 25-year experiment that nancing system for gubernatorial can- opposition to the Presidential publicly has wasted over a billion dollars of tax- didates. Allowing the State to extend funded elections. payer dollars and funded fringe can- this system to include Federal can- In the 2000 campaign just completed, didates, including those in jail, and to didates holds a great deal of promise. the 2000 Presidential primary, can- replicate that in any of our States, it In New Jersey, candidates seeking pub- didates were only able to receive a per- seems to me, is a very bad idea. lic financing agree to a funding cap centage of the matching funds they I hope Members of the Senate will op- that keeps pace with inflation. Then, were due that year, even with three of pose this amendment which will be for every dollar raised by the can- the Republican candidates—Governor voted upon shortly. didate, the State matches him with Bush, Steve Forbes, and Senator Are there any other Members who two. When all is said and done, the can- HATCH—not accepting taxpayer funds. wish to speak? didate has to do one-third of the fund- So they have had a problem, even with Mr. WELLSTONE. Madam President, raising. Imagine all the additional the $3 checkoff, dealing with keeping do we have any time left? time you could spend engaging with this fund adequately up to snuff. The PRESIDING OFFICER. The Sen- voters about the issues that affect Now the other thing worthy of notice ator has consumed all of his time. their lives as opposed to overburdened is, even if a State were to set up tax- Mr. WELLSTONE. All right. with fundraising responsibilities. Poli- payer funding of the election system, The PRESIDING OFFICER. There ticians can spend less time on the fund- they could not constitutionally deny are 21⁄2 minutes before the vote. raising circuit and more time on the this money to fringe and crackpot can- Mr. MCCONNELL. I am prepared to campaign trail. The Democratic can- didates. It is worth noting that over yield back the remainder of my time. didate for governor, Mayor James the history of the taxpayer-funded sys- Have the yeas and nays been ordered? The PRESIDING OFFICER. They McGreevey, stopped fundraising for the tem for Presidential elections that have not been ordered. June primary in January. began a quarter century ago, taxpayers Mr. MCCONNELL. I ask for the yeas This amendment will allow States ponied up more than $1 billion overall, and nays. like New Jersey to pick up where and $40 million of it has gone to can- The PRESIDING OFFICER. Is there a McCain-Feingold leaves off. It allows didates such as Lyndon LaRouche and sufficient second? State governments to create a truly Lenora Fulani. Larouche got taxpayer There is a sufficient second. level playing field in the States and money while he was still in jail. The question is on agreeing to the serve as examples to the Nation of real- It is important for my colleagues to amendment of the Senator from Min- istic and forward-looking approaches understand that even if a State, with nesota. to campaign finance reform. I strongly concurrence of the candidates for Con- The clerk will call the roll. urge my colleagues to vote for this gress, decided to set up a taxpayer- The assistant legislative clerk called amendment. funded scheme for the election for the the roll. The PRESIDING OFFICER. The Sen- Senate in that particular State, there The result was announced—yeas 36, ator from Kentucky is recognized. would be no way, constitutionally, to nays 64, as follows: Mr. MCCONNELL. Madam President, restrict those funds to just the can- [Rollcall Vote No. 42 Leg.] about the only thing more unpopular didates of the Republican Party and YEAS—36 than taxpayer funding of elections the Democratic Party. So you would Akaka Dodd Mikulski would be a congressional pay raise. The have an opportunity all across America Bayh Durbin Murray American people hate, detest, and de- to replicate the system we have had in Biden Edwards Nelson (FL) spise the notion that their tax dollars the Presidential system, where fringe Bingaman Graham Nelson (NE) would be used to fund political cam- Boxer Harkin Reed and crackpot candidates get money Cantwell Hollings Reid paigns. We have the biggest survey in from the Treasury to pay for their Carper Inouye Rockefeller the history of America on this very campaigns for office. Cleland Johnson Sarbanes subject taken every April 15 when I think this is really an issue that Clinton Kennedy Stabenow Corzine Kerry Torricelli Americans have an opportunity on greatly separates many Senators philo- Daschle Levin Wellstone their income tax returns to check off $3 sophically, as to whether or not reach- Dayton Lieberman Wyden of taxes they already owe to divert into ing into the Treasury—whether the NAYS—64 the Presidential election campaign Federal or State treasury—and pro- Allard Enzi McCain fund. viding subsidies for political can- Allen Feingold McConnell This is not an add-on to their tax didates is a good idea. We used to call Baucus Feinstein Miller burden. This is $3 in taxes they already it food stamps for politicians. In the Bennett Fitzgerald Murkowski owe. They have an option to divert Bond Frist Nickles early nineties, it was called vouchers. Breaux Gramm Roberts that away from children’s nutrition Candidates were going to get taxpayer- Brownback Grassley Santorum programs, or the national defense, or paid vouchers for campaigns—food Bunning Gregg Schumer whatever might be considered worth- stamps for politicians, for goodness’ Burns Hagel Sessions Byrd Hatch Shelby while, into a fund that has been main- sake. Can you imagine how the Amer- Campbell Helms Smith (NH) tained since 1976, to pay for the cam- ican people would feel about such an Carnahan Hutchinson Smith (OR) paigns for President of the United absurd idea? Chafee Hutchison Snowe States and to buy buttons and balloons So I certainly hope the Senate will Cochran Inhofe Specter Collins Jeffords Stevens for the national conventions. not go on record as giving to the States Conrad Kohl Thomas So we have this massive survey every the option to squander tax dollars in Craig Kyl Thompson April 15 in which Americans get to vote such an absurd way. I have some opti- Crapo Landrieu Thurmond DeWine Leahy Voinovich on this very issue. The high water mism about the bill we are currently Domenici Lincoln Warner mark of American participation in the debating, the McCain-Feingold bill, Dorgan Lott Presidential checkoff was 28.7 percent. and I am authorized by Senator Ensign Lugar That was in 1980—about 20 years ago. MCCAIN to indicate that he intends to The amendment (No. 125) was re- At that time, the high water mark, 28.7 oppose this amendment. He doesn’t jected. percent, of Americans were willing to think it would add to the underlying The PRESIDING OFFICER. The Sen- divert $1 of the taxes they already bill and go in the direction he would ator from Kentucky. owed into this fund. It has been con- like. Mr. MCCONNELL. Mr. President, I sistently tracking down over the years So this is one of those rare occasions move to reconsider the vote. to a point where about 10 years ago the upon which Senator McCain and I will Mr. DODD. I move to lay that motion Congress changed the dollar checkoff agree on an amendment, and we hope on the table.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.079 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2631 The motion to lay on the table was tion regarding the dues, fees, and assess- mal constitutional requirements. agreed to. ments spent at each level of the labor orga- There are some bright lines drawn by The PRESIDING OFFICER. The Sen- nization and by each international, national, the Supreme Court on this issue and I ator from Kentucky. State, and local component or council, and will get to that. each affiliate of the labor organization and AMENDMENT NO. 134 information on funds of a corporation spent The Founders of our country cer- Mr. MCCONNELL. The next amend- by each subsidiary of such corporation show- tainly understood the link between free ment is now the Hatch amendment, ing the amount of dues, fees, and assess- elections and liberty. Representative and I see the Senator from Utah is on ments or corporate funds disbursed in the government—with the consent of the the floor. I yield the floor. following categories: people registered in periodic elec- The PRESIDING OFFICER. The Sen- ‘‘(A) Direct activities, such as cash con- tions—was—to these prescient leaders ator from Utah. tributions to candidates and committees of of the new nation—the primary protec- Mr. HATCH. I send an amendment to political parties. tion of natural or fundamental rights. the desk and ask for its immediate con- ‘‘(B) Internal and external communications relating to specific candidates, political As Thomas Jefferson put it in the Dec- sideration. laration of Independence, to secure The PRESIDING OFFICER. The causes, and committees of political parties. ‘‘(C) Internal disbursements by the labor rights ‘‘Governments are instituted clerk will report the amendment. organization or corporation to maintain, op- among Men’’ and must derive ‘‘their The senior assistant bill clerk read as erate, and solicit contributions for a sepa- just Powers from the Consent of the follows: rate segregated fund. Governed.’’ The Senator from Utah [Mr. HATCH] pro- ‘‘(D) Voter registration drives, State and That freedom of speech and press was poses an amendment numbered 134. precinct organizing on behalf of candidates considered by Madison to be vital in as- Mr. HATCH. I ask unanimous consent and committees of political parties, and get- suring that the electorate receives ac- out-the-vote campaigns. the reading of the amendment be dis- curate information about political can- ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For pensed with. didates was demonstrated by his vehe- The PRESIDING OFFICER. Without each of the categories of information de- scribed in a subparagraph of paragraph (1), ment arguments against the Alien and objection, it is so ordered. the report shall identify the candidate for Sedition Acts in 1800. The Sedition Act, The amendment is as follows: public office on whose behalf disbursements of course, in effect, made it a crime to (Purpose: To strike section 304 and add a pro- were made or the political cause or purpose criticize government or government of- vision to require disclosure to and consent for which the disbursements were made. ficials. Its passage was a black mark on by shareholders and members regarding ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— use of funds for political activities) our history. The report under subsection (a) shall also Although the exact meaning or pa- Beginning on page 35, strike line 8 and all list all contributions or expenditures made that follows through page 37, line 14, and in- by separated segregated funds established rameters of the First Amendment are sert the following: and maintained by each labor organization not clear, a thorough reading of Su- SEC. 304. DISCLOSURE OF AND CONSENT FOR or corporation. preme Court jurisprudence provides DISBURSEMENTS OF UNION DUES, ‘‘(d) TIME TO MAKE REPORTS.—A report re- constructive guides for us in Congress. FEES, AND ASSESSMENTS OR COR- quired under subsection (a) shall be sub- Political speech is necessarily inter- PORATE FUNDS FOR POLITICAL AC- mitted not later than January 30 of the year TIVITIES. twined with electoral speech, particu- beginning after the end of the election cycle larly the right of the people in election Title III of the Federal Election Campaign that is the subject of the report. Act of 1971 (2 U.S.C. 431 et seq.) is amended ‘‘(e) DEFINITIONS.—In this section: cycles to criticize or support their gov- by inserting after section 304 the following: ‘‘(1) ELECTION CYCLE.—The term ‘election ernment. Indeed, the form of govern- ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF cycle’ means, with respect to an election, the ment established by the Constitution is UNION DUES, FEES, AND ASSESS- period beginning on the day after the date of uniquely intertwined with freedom of MENTS OR CORPORATE FUNDS FOR the previous general election for Federal of- speech. The very structure of the Con- POLITICAL ACTIVITIES. fice and ending on the date of the next gen- ‘‘(a) DISCLOSURE.—Any corporation or stitution itself establishes a represent- eral election for Federal office. labor organization (including a separate seg- ative democracy, which many observ- ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- regated fund established and maintained by ical activity’ means— ers, including myself, find to be a form such entity) that makes a disbursement for ‘‘(A) voter registration activity; of government that would be meaning- political activity or a contribution or ex- ‘‘(B) voter identification or get-out-the- less without freedom to discuss govern- penditure during an election cycle shall sub- vote activity; ment and its policies. mit a written report for such cycle— ‘‘(C) a public communication that refers to To get to the heart of the matter ‘‘(1) in the case of a corporation, to each of a clearly identified candidate for Federal of- its shareholders; and being discussed today, I want to turn fice and that expressly advocates support for to the seminal Supreme Court case of ‘‘(2) in the case of a labor organization, to or opposition to a candidate for Federal of- each employee within the labor organiza- Buckley v. Valeo. fice; and In short, Buckley and its progeny tion’s bargaining unit or units; ‘‘(D) disbursements for television or radio disclosing the portion of the labor organiza- broadcast time, print advertising, or polling stand for the following propositions: (1) tion’s income from dues, fees, and assess- for political activities.’’ money is speech; that is, electoral con- ments or the corporation’s funds that was Mr. HATCH. Madam President, I rise tributions and expenditures are enti- expended directly or indirectly for political tled to First Amendment protection; activities, contributions, and expenditures today to say a few words on the task at hand, namely reforming our campaign (2) contributions are entitled to less during such election cycle. protection than expenditures because ‘‘(b) CONSENT.— finance laws and doing it within the ‘‘(1) PROHIBITION.—Except with the sepa- contours of the First Amendment of they create the appearance of corrup- rate, prior, written, voluntary authorization our Constitution. I fully appreciate tion or quid pro quos; (3) express advo- of a stockholder, in the case of a corpora- that the issue of campaign finance is of cacy is entitled to less deference than tion, or an employee within the labor organi- growing concern to the American elec- issue advocacy; (4) corporate donations zation’s bargaining unit or units in the case torate and has already played an im- and corporate express advocacy ex- of a labor organization, it shall be unlawful— portant role in the recent election. And penditures may be restricted; (5) polit- ‘‘(A) for any corporation described in this ical party independent expenditures section to use funds from its general treas- I commend my colleagues, Senators ury for the purpose of political activities; or MCCAIN and FEINGOLD for their bold may not be restricted at least if not ‘‘(B) for any labor organization described leadership in an effort to address the connected to a campaign; and (6) re- in this section to collect from or assess such public perception that our political strictions on soft money are probably employee any dues, initiation fee, or other system may be corrupt. At this time, I unconstitutional because soft money payment if any part of such dues, fee, or pay- will simply explain the limitations we does not create the same problem of ment will be used for political activities. all face in this endeavor. Limitations corruption from quid pro quos that ‘‘(2) EFFECT OF AUTHORIZATION.—An author- imposed by the cherished First Amend- contributions bring. I will explain ization described in paragraph (1) shall re- ment of our constitution. During the these further. main in effect until revoked and may be re- To understand why certain recent voked at any time. course of the coming days, I will more ‘‘(c) CONTENTS.— specifically address the underlying leg- campaign finance reform measures, ‘‘(1) IN GENERAL.—The report submitted islation, and where in my analysis of such as the well-intentioned McCain- under subsection (a) shall disclose informa- the law it falls short of meeting mini- Feingold bill, infringe on free speech

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.082 pfrm03 PsN: S21PT1 S2632 CONGRESSIONAL RECORD — SENATE March 21, 2001 and free elections, it is necessary to ly identified candidate for federal of- ous regulation, Buckley’s progeny survey the Supreme Court’s decisions fice.’’ As we have heard before, a foot- filled in the flesh. Let me mention a on campaign finance reform and the note to the opinion elaborated on what few of the main cases. problems it brings to free speech. The has later been termed ‘‘express advo- In First National Bank v. Bellotti, granddaddy of these cases is Buckley v. cacy.’’ To the Court, communications decided in 1978, the Supreme Court re- Valeo, 424 U.S. 1 (1976). Buckley estab- that fall under FECA’s purview must affirmed its view in Buckley that ex- lished the free speech paradigm in contain ‘‘magic words’’ like ‘‘vote for’’ penditures for issues are directly re- which to weigh the competing cam- or ‘‘elect’’ or ‘‘support’’ or ‘‘Smith for lated to expression of political ideas paign reform proposals. Congress’’ or ‘‘vote against’’ or ‘‘de- and are, thus, on a higher plane of con- As my colleagues know well, two dec- feat’’ or ‘‘reject.’’ Communications stitutional values requiring the strict- ades ago, in the wake of the Watergate without these electoral advocacy terms est of scrutiny. Bellotti found a Massa- scandal, Congress passed the Federal have subsequently almost always been chusetts law that prohibited ‘‘corpora- Election Campaign Act, or FECA. The classified by courts as ‘‘issue advo- tions from making contributions or ex- Act imposed a comprehensive scheme cacy’’ entitled to full First Amendment penditures for the purpose of . . . influ- of limitations on the amount of money strict scrutiny protection. that can be given and spent in political One important underpinning of the encing or affecting the vote on any campaigns. FECA capped contributions Buckley Court’s view of the relation- question submitted to the voters’’ un- made to candidates and their cam- ship between the freedom of speech and constitutional because it infringed paigns, as well as expenditures made to elections is that money equates with both (1) the First Amendment right of effect public issues, including those speech. The Court in a fit of prag- the corporations to engage in issue ad- that arise in a campaign. The Act also matism recognized that effective vocacy and, (2) the First Amendment required public disclosure of money speech requires money in the market right of citizens to ‘‘public access to raised and spent in federal elections. place to compete. discussion, debate, and the dissemina- The Supreme Court in Buckley But beyond looking at the purpose of tion of information and ideas.’’ upheld against a First Amendment campaign finance laws, it is clear that Bellotti did not involve restrictions challenge the limitation on contribu- restrictions on political spending have on corporate donations to candidates. tions but not the limitations on ex- the result of limiting the amount and The Court distinguished between por- penditures. The Court reasoned that effectiveness of speech. Let me borrow tions of the law ‘‘prohibiting or lim- contributions implicated only limited Professor Sullivan’s example of a law iting corporate contributions to polit- free speech interests because contribu- restricting the retail price of a book to ical candidates or committees, or other tions merely facilitated the speech of no more than twenty dollars. To Jus- means of influencing candidate elec- others, i.e., candidates. Crucial to the tice Steven such a law is about money tions’’—which were not challenged— Court’s analysis was its belief that lim- and not about a particular book. But and provisions ‘‘prohibiting contribu- iting contributions was a legitimate does not such a law limit the amount tions and expenditures for the purpose governmental interest in preventing and effectiveness of speech because it of influencing . . . questions submitted ‘‘corruption’’ or the ‘‘appearance of creates a disincentive to write and pub- to voters,’’ i.e., issue advocacy. The corruption’’ because such limitations lish such books. The Supreme Court Court explained that the concern that would help prevent any single donor has, as Professor Sullivan pointed out, justified the former ‘‘was the problem from gaining a disproportionate influ- repeatedly held that financial disincen- of corruption of elected representatives ence with the elected official—the so- tives to specific content-based speech, through creation of political debts’’ called ‘‘quid pro quo’’ effect. A similar just as much as direct prohibitions on and that the latter ‘‘presents no com- interest justified mandatory public dis- such speech, trigger strict First parable problem’’ because it involved closure of political contributions above Amendment review. contributions and expenditures that minimal amounts. And I must emphasize that restric- would be used for issue advocacy rather But Buckley reasoned that expendi- tions on campaign contributions and than communication that expressly ad- tures of money by the candidate or expenditures cannot be justified as con- vocate the election or defeat of a can- others outside the campaign did not tent neutral regulation. The Buckley didate. implicate the same governmental in- Court rejected the example given by In Citizens Against Rent Control/Co- terests because expenditures relate di- defenders of the regulations at hand alition for Fair Housing v. Berkeley, rectly to free speech and are less likely that spending and contribution limits the Court once again gave full panoply to exert a quid pro quo. Therefore, to are similar to limiting the decibel level of protection to expenditures linked to the Court, limitations on expenditures on a sound truck and do not stop the communication of ideas. In this case could not be justified on any anti-cor- truck from broadcasting. The Court re- the Court invalidated a city ordinance ruption rationale. Nor could they be jected that analogy because, to the that limited to $250 contributions to justified by a theory—popular in rad- Court, decibel limits aim at protecting committees formed solely to support or ical circles—that limitations on ex- the eardrums of the closest listener, oppose ballot measures submitted to penditures, particularly on the wealthy not at preventing the sound truck from popular vote. The Court held that it is or powerful, equalize relative speaking reaching a larger audience. To the an impairment of freedom of expres- power and ensure that the voices of the Court, unlike decibel limits, limits on sion to place limits on contributions masses will be heard. campaign expenditures and contribu- which in turn directly limit expendi- The Court viewed such governmental tions do restrict the communicative ef- tures used to communicate political attempts at balance as an abomination fectiveness of speech. The Court was ideas, without a showing of the ‘‘cor- to free speech and held that this jus- right. tification for restraints on expendi- Buckley’s other key underpinning is ruption’’ element laid out in Buckley. tures was ‘‘wholly foreign to the First its ‘‘strict scrutiny″ justification of the In Federal Election Commission v. Amendment.’’ It seems to me that such restrictions on direct contributions to National Conservative Political Action ‘‘balance’’ is, in reality, a form of sup- campaigns as needed to combat ‘‘cor- Committee, the Court once again relied pression of certain viewpoints, a posi- ruption’’ and the ‘‘appearance of cor- on Buckley’s distinction between ex- tion that flies in the face of Justice ruption’’—in other words ‘‘quid pro penditures and contributions, with the Holmes’ notion that the First Amend- quo’’ exchanges. This has been criti- former receiving full first amendment ment prohibits suppression of ideas be- cized by the congressional reformers protection. The Court invalidated a cause truth can only be determined in not as over-inclusive, but ironically as section of the Presidential Election the ‘‘marketplace’’ of competing ideas. under-inclusive. I believe the under- Campaign Fund Act which made it a Significantly, the Supreme Court in lying bill goes much further than criminal offense for an independent po- Buckley held that any campaign fi- Buckley. litical committee or PAC to spend nance limitations apply only to ‘‘com- If Buckley v. Valeo established the more than $1000 to further the election munications that in express terms ad- skeleton of First Amendment protec- of a Presidential candidate who elects vocate the election or defeat of a clear- tion of the electoral process from oner- to receive public funding. The Court

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.083 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2633 held that the PAC’s independent ex- Finally, there is the very recent case tures made to and by organizations penditures were constitutionally pro- of Nixon, just last year. I remember such as political parties or advocacy tected because they ‘‘produce speech at that when this case was decided, pro- groups. These organizations are less ac- the core of the first amendment.’’ ponents of so-called campaign finance countable to the voter. The net result One year later, in Federal Election reform gloated that this case supported is the growth of yet another huge gov- Commission v. Massachusetts Citizens their positions. In my view, all the case ernment bureaucracy to police an in- for Life, Inc., decided in 1986, the Su- did was extend Buckley’s restrictions herently unworkable scheme. preme Court clarified the distinction on contributions to State campaign fi- Furthermore, if one believes, as I do, between issue and express advocacy, nance laws. The Court rejected a chal- the efficacy of Justice Holmes’ free holding that an expenditure must con- lenge to Missouri’s contribution re- speech model of a ‘‘marketplace of stitute express advocacy in order to be striction as too limited because it did competing ideas,’’ it is impermissible subject to FECA’s prohibition against not take into account inflation. The to drown out or even ban corporate the use of corporate treasury funds to Court held that Buckley demonstrated speech or the speech of the wealthy, as make an expenditure ‘‘in connection the dangers of corruption stemming some advocate. If the remedy for ‘‘bad’’ with’’ any Federal election. In this from contributions and that there was speech is not censorship, but ‘‘more’’ case, the Court held that a publication sufficient evidence in the record to speech, then the remedy for corporate urging voters to vote for ‘‘pro-life’’ support the conclusion that Missouri’s speech is likewise not censorship, but candidates, that the publication identi- campaign contribution limit addressed more noncorporate speech. fied, fell into the category of express the appearance of corruption. The case It should be obvious that in the elec- advocacy. But the Court refused to did not address the issues of inde- toral sphere the wealthy and powerful apply FECA’s prohibition in this case pendent expenditures, issue advocacy, have no monopoly over speech. This is to MCFL—Massachusetts Citizens for or soft money expenditures. not analogous to Turner Broadcasting Life, Inc.—because the organization As I noted at the outset, Buckley and System, Inc. v. FCC, where the Court was not a business organization. The its progeny stand for the following in part upheld the congressional re- Court noted that ‘‘[g]roups such as propositions: No. 1, money is speech; quirement that cable operators carry a MCFL . . . do not pose . . . danger of that is, electoral contributions and ex- certain percentage of local broad- corruption. MCFL was formed to dis- penditures are entitled to first amend- casting of local programs on their lines seminate political ideas, not to amass ment protection; No. 2, contributions because cables’ monopoly power capital.’’ are entitled to less protection than ex- choked the broadcast competitors. Un- Just 5 years ago, the Supreme Court, penditures because they create the ap- like the open access rule in that case, in Colorado Republican Federal Cam- pearance of corruption or quid pro limitations on contributions offer no paign Committee v. FEC addressed the quos; No. 3, express advocacy is enti- guarantee that the market power of issue of whether party ‘‘hard money’’ tled to less deference than issue advo- speech will be redistributed from the used to purchase an advertising cam- cacy; No. 4, corporate donations and wealthy to the poor. Such spending paign attacking the other party’s like- corporate express advocacy expendi- limits will not stop wealthy candidates ly candidate, but uncoordinated with tures may be restricted; No. 5, political like Ross Perot from spending personal its own party’s nominee’s campaign, party independent expenditures may wealth or the rich from influencing fell within FECA’s restrictions on not be restricted at least if not con- mass media through direct ownership party expenditures. A fractured Court nected to a campaign; and, No. 6, re- or through the purchase of advertise- agreed that applying FECA’s restric- strictions on soft money are probably ments. Surely, no one would advocate tion to the expenditures in question unconstitutional because soft money that we attach an income test to the violated the first amendment. does not create the same problem of first amendment. A plurality of the Court—Justices corruption from quid pro quos that The wealthy will always have sub- Breyer, O’Connor, and Souter—based contributions bring. stitutes for electoral speech. Moreover, their holding on the theory that the I am concerned that the practical re- the success of the labor unions and vol- expenditure at hand had to be treated sult of the limitation on contributions untary associations as competitors in as an independent expenditure entitled is that candidates must seek contribu- the market place of ideas demonstrate to first amendment protection, not as a tions from a larger set of donors. This that limitations on contributions from ‘‘coordinated’’ expenditure or express means that candidates are spending a the wealthy and on corporate speech advocacy, which may be restricted. It greater amount of time raising money are unnecessary. is significant to note that Justice than would otherwise be the case. This In my view, a far better, though, ad- Thomas, joined by Chief Justice is aggravated by the need for a lot of mittedly not perfect, solution—one Rehnquist and Justice Scalia, con- money in general to compete in Amer- that I believe is both workable and is curred in the judgment, but would ican elections, given our large elec- consistent with the dictates of the first abolish Buckley’s distinction between toral districts, statewide elections, and amendment—is a campaign system protected expenditures and unpro- weak political parties, which require that requires complete disclosure of tected contributions, believing that candidates to fund direct communica- funds contributed to candidates or used both implicated core expression central tions to the electorate. The rising costs to finance express advocacy by inde- to the first amendment. of elections are further aggravated by pendent associations, political parties, As a plurality of the Court noted, be- the rising importance of expensive corporations, unions, or individual in cause any soft money used to fund a televison advertising and the use of po- connection with an election. Federal campaign must comport with litical consultants, with their reliance A system of complete disclosure the contribution limits already in on polling and focus groups. Elections would bring the disinfectant of sun- place, soft money does not result in the have become a money chase. shine to the system. The Democrats actuality or the appearance of quid pro Ironically, this is the major com- will audit the Republicans and the Re- quo ‘‘corruption’’ warranting intru- plaint of the reformers. Their initial publicans will scrutinize the Demo- sions on core free speech protected by FECA reforms have caused the prob- crats. And outside public interest the first amendment. In any event, it is lems they are now complaining about. groups and the media will police both. my view that such soft money activi- First, PAC money, and now soft The winner will be the public. They ties such as voter registration drives, money, are the result of limitations on will be able to make their own assess- voter identification, and get-out-the- contributions. Let’s not kid ourselves. ments. As I have said before, one man’s vote drives, as well as communication Like pressurized gas, money will al- greedy special interest is another with voters that do not fall within ex- ways find a crevice of escape. In other man’s organization fighting for truth press advocacy, are protected by the words, money will always find a loop- and justice. first amendment’s freedom of associa- hole. All that the FECA and courts To the extent that our campaign fi- tion—the right to freely associate with have accomplished is to encourage the nance laws require updating, we need a party, union, or association—as well substitution of contributions to can- to find a constitutionally sound man- as by free speech. didates for contributions and expendi- ner of doing so. We need to proceed

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.085 pfrm03 PsN: S21PT1 S2634 CONGRESSIONAL RECORD — SENATE March 21, 2001 with care and caution when acting on ual’s financial involvement in a prac- My amendment is a commonsense so- legislation that would have the impact tice that was fundamentally at vari- lution to an important problem perti- of regulating freedom or of placing ance with their own beliefs. I dare say nent to the lives of many Americans. government at the center of deter- that there would not be many Members The solution—consent before spending. mining what is acceptable election from either side of the aisle who would I said that real consent is prior con- speech and what is not. And, we need to advocate the arbitrary usurpation of sent. Let me give you an example. The pass legislation that, above all, keeps fundamental freedoms like that of Electronic Signatures in Global and the power of American elections where speech. But this is exactly what hap- National Commerce Act of 1999—better it rightfully belongs—in the hands of pens to our union members and dues known as the Digital Signature Act— the voters themselves. paying non-members. legalized digital electronic contracts. Let me again commend my friends, Individuals who belong to or are rep- The act allows an individual to enter Senators MCCAIN and FEINGOLD, for resented by labor unions financially into a binding contract without ever their leadership on this issue. Without commit themselves to causes and can- having to leave the comfort of his their efforts and tenacity and pushing didates that may be completely against home through the use of a so-called this issue, we probably would not be their own. We force individuals to sub- digital signature. discussing this important matter. They vert their rights of political expression When the Digital Signature Act was deserve a lot of credit. Even though I to those of the unions. first introduced, many of my Demo- disagree and have done so very pub- My amendment is quite simple and cratic colleagues had serious reserva- licly, I still have a lot of respect for my straightforward. It has two parts: Part tions about it. They argued that the two colleagues. one requires a labor organization to ob- bill lacked basic, but extremely impor- It is important to publicly air these tain ‘‘separate, prior, written, vol- tant, consumer protection provisions. issues, especially given the unfortunate untary authorization’’ before assessing They argued that the bill must include perception of the problems in Wash- ‘‘any dues initiation fee, or other pay- effective consumer consent provisions. ington. ment if any part of such dues, fee, or Critics of the bill worried that an We can achieve needed reform here. other payment will be used for polit- unsuspecting consumer might receive Such reform lies in expanded disclo- ical activities’’. Part two requires that an unsolicited e-mail with the inclu- sures. With free and open disclosure of a labor organization disclose to its sion of an electronic signature there- contributions, the public will be fully membership how it has allocated and fore making the contract legally en- able to decide for itself what is legiti- spent the portion of a members or non- forceable. To prevent this sort of un- mate. I look forward to helping my col- members dues and fees that went to po- wanted solicitation of business, many leagues in achieving reforms that will litical activity. of my Democratic colleagues advocated be constitutional and effective. Nothing can be more fair than to in- that a consumer must first consent to Today, I rise to introduce an amend- form working men and women which receive the contract electronically. ment as a substitute to section 304 of causes they are supporting. It is just My amendment seeks to extend simi- the McCain/Feingold campaign finance that simple. lar rights to workers that the Digital reform bill of 2001. Let me also point out to my col- Signature Act granted consumers. We Thomas Jefferson, in 1779, wrote that leagues that this amendment also cov- should allow workers the same funda- ‘‘to compel a man to furnish contribu- ers individuals who are shareholders in mental rights that my Democratic col- tions of money for the propagation of a corporation. It requires that a cor- leagues demanded be granted to indi- opinions which he disbelieves and ab- poration gain prior consent from its viduals who enter in a contact over the hors, is sinful and tyrannical.’’ That shareholders before spending resources Internet. was true then, and it remains true from the corporation’s general treas- We must allow America’s working today. ury on political activity. It also re- men and women these very funda- As I will discuss later, section 304 of quires that a corporation disclose to its mental rights. American workers the McCain-Feingold bill that purports shareholders which political activity it should have the right to have meaning- to be a ‘‘Beck’’ fix is wholly inad- contributes to. This amendment places ful and informed consent over the ex- equate. Thus, I rise today to protect corporations and labor organizations penditure of their dues, fees, or pay- the rights of working men and women on equal ground and levels the playing ment made to their union. Without in this country to be able to decide for field. these rights we are in essence creating themselves which political causes they I feel that it is important to note different classes of society—those who wish to support. that there is a fundamental difference are free to determine which political Some will choose to make this a between the compulsory way that a groups they will support and those who complicated issue by arguing the intri- labor organization assesses its dues and are not. cacies of the Supreme Court Case, fees from members and nonmembers I hope that my colleagues will agree Communications Workers of America and the completely voluntary manner with me that the standards for mean- v. Beck, but it is really quite straight a shareholder opts into purchasing ingful and informed consent we ex- forward—it’s about fairness. In certain stock. But in past debates, my col- tended to consumers under the Digital states, as a condition of employment, leagues from the other side of the aisle Signature Act must also be provided to there are requirements to join or pay have cried foul and claimed that treat- workers and shareholders. We must dues to a labor organization. Let me ing labor and corporations differently allow workers to consent to the use of make clear at the outset that I am a wasn’t fair. Well we now have an their union dues on any expenditures strong supporter of collective bar- amendment that takes care of that other than collective bargaining, con- gaining when employees voluntarily particular concern. tract administration, or grievance. choose to be represented by a labor or- It is simply imperative and pretty This consent must be provided in a ganization. basic that union should obtain consent manner that verifies the workers or But I seriously doubt that even one to use the funds they receive prior to shareholder’s capacity to access clear of my colleagues would suggest that any use other than for collective bar- and conspicuous information of their the Government should force any gaining, contract administration, or rights, receive regular disclosures of American to speak in favor of causes in grievance adjustment. After all, if con- these expenditures, and maintain the which he or she does not believe. Yet, sent is to mean anything, then it must right to revoke their consent at any we as Members of the U.S. Senate, cur- be received before the money is spent. time. rently stand by and allow our friends After the fact is simply too late and Let me pause to ask a couple of ques- and constituents to be forced into means no consent was given for the tions. If your friend wants to borrow speech because of their compulsory fi- ‘‘activity.’’ Let me state it again be- your car, shouldn’t he ask beforehand? nancial relationship with a union. cause I think this fact is vital to cre- If he doesn’t, then it’s a crime. I would like to know which of my ating a fair and meaningful fix to this Wouldn’t it be odd to have a system in colleagues would support any provision problem—effective consent must be place that requires you to lend the car of law that would mandate an individ- given before the funds are used. and then file a form for its return? Why

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.087 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2635 should the unions be allowed to take dues-paying-non-members would only bill. What I say about that argument is from the people who pay dues without be permitted to object to use of the that thirty years from now, the Amer- getting their consent first? By adopt- portion of their dues spent only for ican people will not judge what we do ing this amendment, we can help all ‘‘political purposes unrelated to collec- in these 2 weeks based upon some tran- Americans. It is fairer and more equi- tive bargaining.’’ This difference might sitory, strategic advantage that one table to obtain consent before the dues sound subtle but is anything but. party or another may gain as a result are spent. That is the right way of Mr. President, my amendment is a of the McCain-Feingold bill. Instead, doing things. modest measure of fundamental fair- they are going to judge us based on Unions have the right, like any other ness. It embodies a very simple con- what we did for our Government, for organization, to spend the dues and cept—fairness. American’s men and our democracy, and what we did to fees it collects for purposes such as women work hard every day. They allow voters, ordinary Americans, to campaigns, issue ads, and a host of ad- have earned the right to know how once again believe they have some ditional political and other activities. I their money is being spent for certain ownership in this democracy. That ul- support their right. What is dis- political purposes, causes, and activi- timately is what it is all about. concerting about the current situation ties. The disclosure and second part of I say to colleagues, both Democrats is that many employees who are effec- this amendment does nothing more and Republicans, that whatever in the tively forced to pay dues and fees may than require a report by labor organi- long term is good for our democracy is disagree with the positions taken and zations to be filed with the Federal good for either the Democratic or the not wish to support them. Election Commission and given to Republican Party. I think that is the Now some have suggested that sec- workers represented by unions, show- test we should use in making judg- ments about what ought to be done. tion 304 takes care of the so called ing how much of their union dues and During the course of my time in the Beck problems and codifies Beck. fees are being spent on the political Unfortunately, the proposed section Senate, I have held many townhall process. meetings around North Carolina, and 304 of the McCain-Feingold bill does I have to say that this amendment over and over I hear the same refrain— not require prior consent. Nor does it does not impose overly burdensome or folks believe that they no longer have codify the Beck decision, as it purports onerous requirements on the unions. to do. Section 304 is far narrower than a voice in their own democracy and, as This is basic information, and it should a result, they don’t feel any ownership the holding in Beck. The Supreme be freely provided. I cannot believe in this Government. So Washington is Court clearly held in Beck that any ex- that the union leadership have a legiti- some faraway place, and they don’t penditures outside of collective bar- mate interest in keeping secret what think they do anything to help them. gaining, contract administration, or political causes and activities em- They think it is just some bureaucratic grievance adjustment must be returned ployee dues and fees are being spent to institution that has nothing to do with to the non-union employee upon re- support. If employees learn how their their day-to-day lives. More important, quest of the objecting employee. How- money is being spent in the political they feel impotent to do anything ever, section 304 only prohibits unions process, unions will enjoy an even about it. from using non-union employee dues greater confidence level in their deci- The folks I grew up with in for ‘‘political activities unrelated to sion making. smalltown North Carolina, oddly collective bargaining’’—an ambiguous With the addition of this amendment enough, think if somebody writes a phrase that is not defined in that sec- to the McCain-Feingold bill we will en- $300,000 or $500,000 check to a political tion. sure that every American is treated party, or for a particular election, Because section 304 is so narrowly equally under the law and extended the when they go to the polls and vote, drafted, it would allow unions to use rights and freedoms that are funda- their voices will not be equally heard. non-union dues for soft money non-col- mental under the Constitution. I urge I think that is just good common lective bargaining expenditures, such my colleagues to thoughtfully consider sense, and there is a reason people as get-out-the-vote campaigns and this amendment and vote for its pas- think that way. This is an issue we other political activities, by simply sage. need to do something about. A lot of it avoiding the label ‘‘political.’’ By I reserve the remainder of any time I is perception but perception matters. It masquerading the activity as one for may have remaining. really matters when people believe this ‘‘educational purposes,’’ a union could The PRESIDING OFFICER (Mr. isn’t their Government. It is their de- use dues for blatantly political activi- CRAPO). Who yields time? mocracy; it belongs to them, not to ties such as informing union members Mr. DODD. I yield 10 minutes to the some special interest group, and not to on what pro-union stand political can- distinguished Senator from North the people who are up here rep- didates take. Carolina, Mr. EDWARDS. resenting them. In fact, it belongs to Again, I recognize the unions’ right The PRESIDING OFFICER. The Sen- the American people. to engage in any political activity that ator from North Carolina is recognized. A couple of examples, Mr. President: they find appropriate. The more polit- Mr. EDWARDS. Mr. President, I rise We are in the process right now of try- ical speech the better as far as I’m con- today to voice my strong support for ing to pass an HMO reform bill. Sen- cerned. But, we need to protect the the McCain-Feingold bill, to add my ator MCCAIN, Senator KENNEDY, and I, fundamental right of the workers to encouragement and praise for all the and Congressmen NORWOOD, DINGELL, know that activities and what type of hard work done by Senators MCCAIN and GANSKE on the House side have in- issues their money is being used for, and FEINGOLD, and to say how impor- troduced the same bill. Our legislation, and the ability for them to decide if tant this issue is to our democracy, to which provides basic patient protection they wish to support the activity. our Government, and to the American rights to every single American who is Mr. President, the American worker people. covered by insurance or HMOs, is sup- faces a hidden tax at just the moment I would not presume to suggest to my ported by every health insurance group the worker cannot afford it. And the colleagues who serve with me in the that has been fighting for patient pro- American worker has less say in where Senate that I have any more knowl- tection for the last 5 years. The only his money goes to than just about any edge about the way the political fi- people we have been able to identify on group. In fact, an argument can be nancing system in this country works the other side are the big HMOs and in- made that section 304 of the McCain- than they do. They are all experts at surance companies. Feingold bill actually does the exact it. What I say is that this debate is not Unfortunately, the big HMOs and in- opposite of what its intentions are. about us. Instead, it is about the people surance companies are very well rep- Under current law, dues paying non we were sent here to represent. resented in Washington, and their members may object to the use of por- I have heard, both in the media and voice is heard loudly and clearly. It is tion of their dues that is spent for pur- in the course of the debate, lots of dis- really important for the voice of the poses other than or non-essential to cussion about some strategic advan- American people to be heard on issues collective bargaining. If the McCain- tage that may flow to one party, or one such as basic patient rights. Then I Feingold bill were to pass, those same Senator or another, as a result of this read in the newspaper today that at

VerDate 21-MAR-2001 02:55 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.012 pfrm03 PsN: S21PT1 S2636 CONGRESSIONAL RECORD — SENATE March 21, 2001 least it appears there is going to be did the right thing; we did what was has no regulatory mechanism, and it some pulling back of the regulation of best for the country, and we did what has no methodology for who would en- arsenic in drinking water. These are was best for the democracy. force it and how. the kinds of things that, when folks We will talk about this issue later, It says in his amendment that ‘‘ex- around the country see them, cause but it is also clear that Snowe-Jeffords, pressly advocate support for opposition them concern, and they particularly under the constitutional test estab- to a candidate.’’ What does that mean? cause concern—even though they may lished in Buckley v. Valeo, is constitu- It talks about as far as corporations not see a direct relationship—they par- tional. There are only two require- are concerned, ‘‘use funds from its gen- ticularly cause them to be worried ments that have to be met: One, that eral treasury for the purpose of polit- when they know the way political cam- there be compelling State interest ical activity.’’ What is the general paigns are financed in this country, under Buckley. The Court has already treasury? The stock market value? The and they know that lots of huge, un- held that what we are doing in these cash on hand? The money that is being regulated soft money contributions are sham issue ads and with soft money is disbursed? being made to political campaigns in a compelling State interest because of This, unfortunately, is an amend- every election cycle. the need to avoid corruption or, more ment which clearly cannot adequately So the question is, What do we do to importantly, in this case, the appear- define what a stockholder’s involve- return power in this democracy to ance of corruption. ment is. Again, suppose a stockholder where it started and made our country Second, the legislation has to be nar- said his or her stock money could not so great and where it belongs today? rowly tailored. That has been inter- be used and then, of course, the stock We are trying to do two basic things preted by the U.S. Supreme Court to is split or the stock is sold or there is in this bill. One is to ban soft money— mean it is not too broad, not substan- a reduction in the amount of the budg- we talked about it at length—these un- tially overbroad. Snowe-Jeffords does et. Who gets what money? Who regu- regulated, totally uncontrolled con- exactly that. It is very narrowly tai- lates it? tributions made by special interests, lored. Two months before the general Very frankly, I am in sympathy with corporations, many different groups, election, it requires the likeness of the the Senator from Utah because we and individuals. candidate or the name of the candidate tried to address this issue. It is just The simple answer is, it ought to be to be used and only applies to broad- well nigh impossible and certainly is banned, and it ought to be banned cast ads. not addressed in any kind of parity or today. We will talk at length later The empirical evidence shows very specificity in this amendment. about constitutional issues, but it is clearly that something around 1 per- Mr. President, I will be moving to black and white to anyone who has cent of the ads are not covered by that, table this amendment at the appro- read Buckley v. Valeo and specifically actually issue ads that fall within that priate time. I would like to work with applies the analysis of that case to a category. Ninety-nine percent of the the Senator from Utah to see how we soft money ban. There is absolutely no ads in the last election cycle, in fact, can obtain some kind of parity, al- question that a ban on soft money is were campaign ads. though I point out, as I said before, the What that empirical evidence sup- constitutional under Buckley v. Valeo. paycheck protection in this permission ports is the notion that not only does We will talk about that at length at a or nonpermission really is not what it appear that Snowe-Jeffords is nar- later time. this campaign finance reform is all rowly tailored, in fact, the over- The second issue is these bogus sham about because if you ban the soft whelming evidence is that it is nar- issue ads. In addition to the fact folks money; you ban the corporate check; rowly tailored, which is exactly what see all this money flowing into the sys- you ban the union check; you ban the the Buckley U.S. Supreme Court deci- tem, they feel cynical, they feel they union leader from giving a million-dol- sion required. We will talk about this do not own their Government anymore, lar check; you ban the corporate leader later as we discuss these various provi- and that they have no voice in democ- from giving the check. When you ban sions. racy. soft money, then all they can do is give The bottom line is, both the soft In addition to that, they turn on a $1,000 check for themselves or $1,000 money ban and Snowe-Jeffords are con- their televisions in the last 2 months from their friends. stitutional and meet the constitutional before an election and see mostly hate- Later on, I am sure there will be ful, negative, personal attack ads pos- requirements of Buckley v. Valeo. In conclusion, I thank the Senators some specific questions about the lan- ing as issue ads. Any normal American who have worked so hard on this issue guage in this bill. It is nonspecific, it is with any common sense knows these for so long. I say to my colleagues, I unenforceable, and it is in such an are pure campaign ads. Those are the hope that instead of focusing on some amorphous state, very frankly, it is ads we are trying to stop. strategic advantage that a particular meaningless. I believe my time has ex- Senator SNOWE actually said it very campaign may have, or a particular po- pired. well when she said these ads are a mas- The PRESIDING OFFICER. Who querade. In fact, they are more than a litical party may have, that instead we will focus on what is best for democ- yields time? masquerade, they are a sham, they are Mr. DODD. I thank my colleague. I racy and what is best for the American a fraud on the American people, and intend to speak about this amendment they are nothing but a means to avoid people. I thank the Chair. at some future point in the debate. In the legitimate election laws of this Mr. DODD. Mr. President, how much the meantime, I recognize my friend country. time remains on the opponents’ side? and colleague from Massachusetts. We are trying to put an end to these The PRESIDING OFFICER. The op- How much time does he need? Fifteen so-called issue ads that are nothing but ponents have 80 minutes. minutes? campaign ads. It is another issue that Mr. DODD. I yield 3 minutes to my Mr. KENNEDY. If I can start with 15 needs to be addressed. All this—these good friend from Arizona, the author of minutes. issue ads that are nothing but sham the underlying bill. Mr. DODD. I yield 15 minutes to the ads, really campaign ads, unregulated The PRESIDING OFFICER. The Sen- distinguished Senator from Massachu- flow of soft money into campaigns—all ator from Arizona. setts. this is about a very simple thing. It is Mr. MCCAIN. Mr. President, I thank The PRESIDING OFFICER. The Sen- not about us. It is not about the people Senator HATCH for a valiant attempt at ator from Massachusetts. in Washington. It is not about the peo- trying to balance this problem about Mr. KENNEDY. Mr. President, I want ple in this Congress. It is about the so-called paycheck protection and cor- to ask my friend and colleague from people we were sent to represent. We porations. Unfortunately, he is not Utah some questions, if he will be good need to be able to say 20, 30 years from having any more success than we did enough to answer some questions. now when we are not around anymore— when we attempted to try to strike Since 99.7 percent of American for- at least some of us will not be around that balance as well. profit corporations are privately held, anymore—we need to be able to say to The bill, very briefly, strikes our how does this amendment apply to our children and our families that we codification of the Beck provision. It them?

VerDate 21-MAR-2001 02:55 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.089 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2637 Mr. HATCH. It applies to every cor- right to have some say in the way guage. That is what we are voting on. poration. unions spend, in the case of unions, and In the language of the amendment, it is Mr. KENNEDY. It cannot because corporations, in the way corporations very clear on page 2 that in the case of you refer to those that have stock- spend on behalf of shareholders. a corporation, to each of its share- holders, page 2. Since 99 percent of the Mr. KENNEDY. It is the position of holders, it is less than 2 percent of all corporations do not have them, then Senators MCCAIN and FEINGOLD that is businesses that have shareholders. they are not covered. done under the codification of the Beck For the shareholders, we see how the Mr. HATCH. I do not know a corpora- decision in the first place. velocity of the transitions of share- tion that does not have stockholders, You talk about the parity between holders—we find there is a different whether they be private or public. corporations and unions. Yet on page 3 criteria that is used for unions, dif- Mr. KENNEDY. I am telling you they you say ‘‘for any corporation described ferent from corporations. do not, so effectively your amendment in this section to use funds from its On the first page, it talks about any does not apply to the 99.7 percent under general treasury.’’ So you are talking corporation or labor organization. Tak- your definition. about the use of funds by corporations. ing the case of a labor organization, it We always get these amendments But on the other hand, if it is a labor must submit a written report for such maybe a half an hour beforehand. organization, you are talking about cycle—that is 2 years; in the case of a In our review, the Senator’s amend- collecting or assessing such employees’ labor organization, to each employee. ment excludes 99.7 percent of all cor- dues or initiation fees or other pay- Now, that is to each employee. There porations. ments. On the one hand, you require are 13 million members of the trade Another question I have—— one criteria for corporations for ex- union movement. Those who are mem- Mr. HATCH. Can I answer the Sen- penditures, and on the other hand, for bers, of course, bargain. Several mil- ator, since he asked the question? the unions, you have an entirely dif- lion more are covered, generally, by Mr. KENNEDY. These are of the busi- ferent definition. political activity. nesses—— Can you explain why you favor cor- Listen to what they have to have for Mr. HATCH. Will the Senator yield porations in your language to the dis- every individual. They will have to re- so I can answer his question? advantage of unions? Why do we have ceive a report from the organization. Mr. KENNEDY. OK. such a disparity in this when you tried On page 4, what will be included: ‘‘In- Mr. HATCH. My amendment covers to represent to the Senate that you are ternal and external communications every corporation. There are a lot of trying to be evenhanded? relating to’’—it will be interesting to private corporations, but they are still Mr. HATCH. What are we talking hear the definition of what is related— corporations. about? ‘‘specific candidates, political Let’s face it. The major thrust of my Mr. KENNEDY. Would you look at causes,’’—this is a new word. amendment is towards public corpora- this language and tell me if I am What in the world is a ‘‘political tions which has been complained of wrong? I think it is very important. cause’’? Generally, a political cause is from time to time by Senators on both You are representing this is even- in the eye of the beholder. What do sides of the aisle. I am trying to cover handed. This is not evenhanded. We they mean by political cause? both unions and corporations so we want to understand why it isn’t even- They have to send to every em- have an equal protection program. handed or the Senator should admit it ployee—that is what this says—the in- Mr. KENNEDY. The Senator may be isn’t, if you are trying effectively to ternal and external communications attempting, but that is not what the gut the representatives of working relating to specific candidates. language says. families. Who are specific candidates? What do On page 2, it says under ‘‘PROHIBI- Mr. HATCH. I don’t think the distin- we think are the specific candidates? TION.—Except with the separate, prior, guished Senator from Massachusetts is According to the Federal Election written, voluntary authorization of a wrong in what he is saying. I don’t Commission, every Member of Congress stockholder, in case of a corpora- think you are wrong in your interpre- is defined as a candidate, 435 House tion’’—and once we have 99 percent of tation of the language, but the bill Members, 100 Senators. the businesses, according to Dun & treats the union members and their Any communication that is internal Bradstreet, not covered by the stock- dues in the separate context of share- or external relating to—whatever that holders, they are even, by mere defini- holders and their value in a corpora- means—political candidates, political tion, excluded. tion. causes and committees of political par- Last week more than 6.7 billion The regulations will have to be set by ties. shares were traded in the New York the Federal Election Commission pur- If you don’t, you have the criminal Stock Exchange. How were those cov- suant to this amendment. It is equal in penalties included under the Federal ered? Would the Senator’s amendment treatment because what we are trying Elections Commission where people apply to just the stockholders included to do is give the shareholders in the can go to jail for failing to file these last week? case of corporations a right to have reports which are so voluminous. Mr. HATCH. My amendment would some say in how the assets of a cor- This amendment is poorly drafted. It cover the stockholders who existed on poration are used, in proportion to doesn’t even do what the proponents of the day the request for the expendi- their shares in a corporation. Natu- this amendment are attempting to do. tures was made. rally, these situations are not analo- It is one sided. It is targeted. The aim Mr. KENNEDY. In your amendment, gous, and for the union member, how of this proposal is very clear. It doesn’t you talk about cycle; you don’t talk the dues of the union member are spent apply to any of the other independent about day. A cycle is generally re- by the unions. groups. It doesn’t apply to the National ferred, under the Federal Election The Senator’s characterization of the Rifle Association. They don’t have to Commission, to be the whole 2-year-pe- McCain-Feingold language is inac- conform with it. The Sierra Club riod. We are talking about these transi- curate, and I think I more than indi- doesn’t have to; Right to Life doesn’t tions in terms of stockholders just cated that in my opening remarks with have to. It is just to corporations. But from 1 day. I am wondering how the regard to the Beck case. Actually, the only less than 2 percent of the corpora- permission for stockholders would be McCain-Feingold language narrows the tions have to apply, and every union. met in those circumstances. Beck case. In terms of every activity or poten- Mr. HATCH. We are talking about Mr. KENNEDY. If I could reclaim my tial activity and every expenditure for violations of the Federal Election Cam- time. every member, not only at the national paign Act. The FEC would have the job The PRESIDING OFFICER. The Sen- level, the State level and local level of determining the regulations applica- ator from Massachusetts has the floor. have to get the reports. Every member ble under the circumstances. The Mr. KENNEDY. Mr. President, what has to get the report. It is absolutely amendment is quite clear what we are we are seeing very clearly is not what nonworkable. trying to get after; that is, trying to is being stated by the Senator from Finally, what are these activities? On give stockholders and union members a Utah but what is included in the lan- page 5, the term ‘‘political activity’’

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.097 pfrm03 PsN: S21PT1 S2638 CONGRESSIONAL RECORD — SENATE March 21, 2001 means voter registration activity. powering. It is not the voices of the will make it easier for Republicans and Many of us have tried to encourage workers or the families that are trip- their big-business friends to achieve voter registration. In fact, labor unions ping up this country, it is the special their anti-worker goals. Supporters of are involved in that. Not many compa- interests, the large, powerful groups this amendment want to cut workers’ nies or corporations are. I wish they that are expending untold millions. By overtime pay and deny millions of would be. Some of them have been, but a ratio of virtually 10 to 1 and 12 to 1, workers an increase in the minimum they won’t be any longer if this passes. corporations are involved in out- wage. They would end the 40-hour work They won’t be contributing to any spending the unions of this country. week and permit sham, company-domi- local group, to the League of Women Nonetheless, we are faced at this time nated unions. They voted for this Voters or other groups involved in with an attempt to try to emasculate body’s shameful repeal of the Depart- voter registration activity because if that opportunity for their voices to be ment of Labor’s ergonomics rule, leav- they do, they trigger all of these other heard. They are the voices for edu- ing workers unprotected against the kinds of participation. cation. They are the voices for health number one threat to health and safety The proponents of this understand care. They are the voices for child care. in the workplace. They oppose the who does the voter registration. Who Those are the voices that I think we Family and Medical Leave Act. They does it? It is labor unions. And they are need to hear a lot more of, not less. support privatizing Social Security. included. Voter identification or get- To reiterate, I rise in opposition to They favor private school vouchers out-the-vote activity, who does that? this amendment, misleadingly called that take funds away from our efforts Maybe the Senator from Utah can list the Paycheck Protection Act. It is to improve the public schools. They are the number of corporations that are in- nothing of the sort. Instead, it is a bla- not trying to help working Americans. volved. We know who does it. We might tant attempt to silence the voices of To the contrary, they want to gag as well state it is directed against working families on the most impor- workers so that they can implement an union activity. They are the ones. I tant issues our Nation faces today. It is aggressive agenda that workers strong- don’t mean companies or corporations. an effort to muzzle effective debate on ly oppose. This is not paycheck protection. This Even the ones that have shareholders— critical legislation affecting the work- is paycheck deception. And if we adopt ers of this country. It is not reform. It again, it is targeted to who?—corpora- it, we will achieve our opponents’ goals is revenge for the extraordinarily suc- tions? No, it is targeted to the labor of disenfranchising working families. cessful efforts made by the unions to union and then public communication This amendment would silence working get out the vote in the last election. that refers to a clearly identified can- families by barring a union from col- didate for Federal office and that ex- The amendment is wrong and unfair. It lecting any dues or fees that are not re- pressly advocates support for or opposi- is undemocratic. It is most likely un- lated to collective bargaining unless tion to a candidate. constitutional. I urge my colleagues to the union obtained a written permis- Maybe there are some corporations, vote against it. sion slip from each employee each but primarily those are for unions, Make no mistake about it. A vote for year. It would require unions to create again. this amendment is a vote against an unnecessary, burdensome and ex- This is very clear, what is being stat- America’s workers. pensive bureaucratic process. Unions Supporters of this amendment claim ed here. Under the existing Feingold- would have to create recordkeeping that they are concerned about union McCain bill, there is restatement of and filing systems for responses, solicit members’ rights to choose whether and what the constitutional holdings are at approval from each covered employee how to participate in the political this time. It is effectively a restate- every year, and constantly recalculate ment. There are some who would like process. We know better. It is crystal the amounts they could spend on polit- to change or alter those. But this is a clear that the real agenda of those who ical activity—activity that frequently very poor attempt at trying to gain support the pending amendment is not requires immediate action. The AFL- parity. We could take additional time to protect dissenting workers but to CIO has estimated that implementing a to go through the various provisions. I scuttle union participation in the po- paycheck deception provision would hope the Members will take that time. litical process. cost unions and their members approxi- We just received this at the time the My friends across the aisle know that mately $90 million in the first year and Senator rose to speak. It is poorly unions and their members are among $27 million each year thereafter. That drafted, poorly constructed, and it does the most effective voices on issues of is money taken away from workers’ not do the job the proponents want it concern to workers, including raising hard-earned benefits and their pension to do. the minimum wage; ensuring the avail- plans. Finally, I do think workers and those ability of health insurance; protecting This will, of course, hamper unions’ who represent workers and unions the balance between work and families; ability to participate fully in political should have a right to have their voices preserving Social Security, Medicare and legislative battles. That is the pri- heard, to speak out on these issues. and Medicaid; improving education; mary purpose of this bill. Handicapping The fact remains, we still have not had and ensuring safety and health on the unions in this way will also further an opportunity to vote on a minimum job. And unions help their members to skew the drastic existing imbalances in wage. I know there are many in this become active in the political process. our political system. A report issued Chamber who hope we never will have As a result of union activity, over two last fall by the non-partisan Center for that opportunity; but we will, and we million union members registered to Responsive Politics showed that spe- will have it done pretty soon. vote in just the last 4 years. In the last cial business interests spent more than Then there is the Patients’ Bill of election, there were 4.8 million more $1.2 billion in political contributions in Rights that workers support, and we union household voters than in 1992. In the last election cycle. These payments are having difficulty, given the fact fact, 26 percent of the voters in the last swamped the contributions of working that today the President of the United election came from union households. families through their unions, which States issued a message that if any of This should surely be a welcome devel- amounted to a total of only $90.3 mil- the proposals currently before the Con- opment in a country that prides itself lion. That means big business outspent gress pass, he would veto each one of on fostering and promoting a healthy labor unions by a ratio of 14 to 1. them. democracy. The same report found that business We have seen what has happened in But my friends across the aisle do outspent unions in ‘‘soft money’’ con- recent times with arsenic standards not welcome this development. They tributions by an even larger margin—17 being pulled back at the request of in- want to do everything they can to keep to 1. The situation has gotten worse dustry. We find out that the CO2 stand- workers from voting and from partici- over time, moreover. In the 1998 elec- ards are being pulled back at the re- pating in the political process. That is tion cycle, according to a previous re- quest of industry. We have other exam- because they fear that workers and port by the center, businesses outspent ples that are current on this score. We those who represent workers’ interests unions on politics by only 11 to 1. In are finding out the influence of the will defeat their anti-labor agenda. Si- 1996, the gap was 10 to 1. In 1992, it was HMOs on the administration is over- lencing the voices of working families 9 to 1.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.099 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2639 These ever-widening disparities are cedure to ensure that dues-paying Forty years ago, in a case called Ma- not good news for our democracy. But workers can opt out of a union’s polit- chinists v. Street, the Supreme Court this paycheck deception amendment ical expenditures. These procedures recognized that the majority of union would only tip the electoral and legis- universally involve notice to workers voters have ‘‘an interest in stating lative playing field ever more deci- of the opt-out rights provided under [their] views without being silenced by sively in favor of big corporations and Beck; establishment of a means for the dissenters,’’ and that it was nec- the wealthy. workers to notify the union of their de- essary to establish a rule that In only the last 2 weeks, the power of cision to exercise these rights; an ac- ‘‘protect[s] both interests to the max- these special interests has become ever counting by the union of its spending imum extent possible, without undue more apparent. Just 2 weeks ago, the so that it can calculate the appropriate impingement of one on the other.’’ Congress voted—with less than 10 hours fee reduction; and the right of access to Beck was the Supreme Court’s formu- of debate in the Senate and a mere an impartial decisionmaker if the lation of this rule, and it represents a hour of discussion in the House—to re- worker who opts out disagrees with the sound and reasonable way to achieve voke worker protections against ergo- union’s accounting or calculations. this goal. And McCain-Feingold re- nomic injuries on which the Depart- Moreover, the President has recently spects this rule laid out so well by the ment of Labor had worked for 10 years. issued an Executive Order that goes to Court. No employer is now required to do any- great lengths to ensure that all work- The proposed amendment would thing to prevent these painful and de- ers know their rights under Beck. This upset this careful balance between ma- bilitating worker injuries. Executive Order, issued on February 17, jority and dissenting interests. Where Following up on their ergonomics requires every Government contractor the Court has stated that ‘‘dissent is victory, business and special interests to post a clear notice that alerts em- not to be presumed—it must be affirm- scored another coup when this body ployees of their right to withhold their atively made known to the union by passed the bankruptcy bill last week. payments to unions for any purposes the dissenting employee,’’ the bill cre- This is a bill that caters to the credit other than costs related to collective ates precisely the opposite regime: dis- card industry, at the expense of work- bargaining. Individuals may file com- sent will be presumed absent explicit ing Americans who will now face more plaints with the Secretary of Labor if consent. Under this ill-advised amend- business-created hurdles to getting they believe that a contractor has ment—and unlike in every other demo- back on their feet financially after set- failed to meet this requirement. And cratic institution in our country, in- backs. the Secretary may investigate any con- cluding the Congress itself—a minority This amendment is also a ‘‘poison tractor suspected of a violation, and would be able to thwart the will of the pill’’ for campaign finance reform. It is may order a range of sanctions for non- majority by fiat. Not by debate. Not by being championed by those who believe compliance, including debarment of discussion. Not by a reasoned exchange that the inequities in the system are the contractor. I opposed this Execu- of competing ideas. Just by silence. just fine—who would like to have no tive Order because it does not inform I believe this paycheck deception changes to address the corrupting in- workers of any of their other rights amendment is also unconstitutional. fluence that money has on our national under our Nation’s labor laws. But in The amendment would interfere with elections. They know that no supporter this context, it removes any doubt union members’ freedom to associate of campaign finance reform—including whatsoever that workers will be in- in their unions according to member- my good friend Senator MCCAIN—can formed of their Beck rights and pro- ship rules of their own choice. Under vote for a bill that contains these out- vided remedies if they are not. current law, unions may make pay- rageous provisions. They propose this Remedies for violation of Beck rights ment of normal dues the precondition amendment with the full knowledge are also available under the National for membership and participation in that it could bring down these reforms Labor Relations Act. Under that act, the union. Unions may—and do—pro- and further the power of corporate and non-union members who believe that vide that only those individuals who wealthy special interests. We should they are being required to support a have paid their full dues may vote on not allow ourselves to be made parties union’s political activities, or who be- issues before the union or run for union to this ploy. lieve that the union’s procedures do For these reasons, paycheck decep- elective office. It is entirely appro- not afford an adequate opportunity for priate for those workers who do not tion bills have been rejected every time the individual to object, may file a they have been raised. In 1998, a large, wish to support the union’s political complaint with the National Labor Re- activities to resign from membership. bipartisan majority of the House of lations Board or go directly to Federal Representatives voted down a national They cannot be required to fund polit- court. In such cases, the board or the ical activities, and their dues will be paycheck deception scheme by a vote courts decide whether the particular of 246 to 166. Twice now—in 1997 and reduced accordingly. These workers union has developed procedures that will receive the full benefits of union 1998—bipartisan majorities in the Sen- are adequate to meet Beck require- ate have blocked paycheck deception representation on issues related to the ments. union’s bargaining obligations. But bills. Thirty-five States have refused to To erase any further doubts, the they will not be members of the union enact paycheck deception bills since McCain-Feingold bill explicitly codifies who can participate in making funda- that time. And California voters in 1998 the Beck requirements as a matter of mental decisions about union busi- and Oregon voters just last year sound- law. Section 304 of McCain-Feingold re- ness—including the election of officers, ly defeated ballot initiatives that quires all unions to establish objection the use of organizational resources, or would have imposed paycheck decep- procedures for real paycheck protec- the union’s political positions. tion. tion. The cynicism behind this amendment The bill requires unions to provide But this amendment states that is made more obvious because the personal, annual notice to all affected those who do not pay full dues still amendment is completely unnecessary. employees informing them of their have a full voice in the affairs of the For almost 13 years, the law has of- rights. union. They would have the same fered ample protections for any work- It requires that union procedures lay rights and benefits as those who pay ers who disagree with a union’s polit- out the steps for employees to make full dues. That is not only unconstitu- ical activities. Under the landmark objections to paying dues that would tional, it is just plain wrong. Beck decision, no worker, anywhere in go toward political activity. Some of my colleagues claim that the country, may be forced to support It requires unions to reduce the fees the egregious unfairness in this amend- union political activities. In addition, paid by any employee who has made an ment can be cured if corporations are in 21 States, workers cannot be re- objection so that the employee will not bound by ‘‘shareholder protection’’ re- quired to support any union activi- be charged for any activities unrelated quirements. But comparing unions and ties—even collective bargaining. to collective bargaining. corporations and workers and share- Since the Beck decision, every union, It requires unions to provide expla- holders is like comparing apples and as the law requires, has created a pro- nations of their calculations. oranges. They simply are not the same.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.101 pfrm03 PsN: S21PT1 S2640 CONGRESSIONAL RECORD — SENATE March 21, 2001 First, no corporation requires pay- champion everything that one cause I have to say it is not just the liberal ments for political purposes as a condi- wants over everybody else. I should not side of the union movement. My good- tion of employment. Shareholders are say everybody else, but over anybody ness, it is almost every liberal special not employees. It is laughable to think who is not one of the most liberal spe- interest group in this country. We all that bills that regulate payments that cial interest groups in our country. know when the distinguished Senator are ‘‘conditions of employment’’ create I do not need a lecture from the dis- from Massachusetts speaks, he speaks parity between unions and corpora- tinguished Senator from Massachusetts for every liberal special interest group tions. on how to write legislation. Nor do I in this country, and you had better pay Second, 99.7 percent of American for- need a lecture from the distinguished attention if you are on the Democratic profit corporations are privately held Senator from Massachusetts on what side of the aisle, because if you don’t, and have no shareholders to protect. the Beck decision means. you are going to have a primary in the Third, shares in public corporations The Senator and many on the other next election. are typically held by institutions such side of the aisle will spend every ounce I respect that kind of power. And I as mutual or pension funds not by indi- of their beings to make sure that union love my colleague as very few in this viduals. Any bill that purported to cre- members have no say with regard to body do. ate parity between unions and corpora- how their moneys are spent in political (Laughter.) tions would have to reach individuals, activities. Mr. MCCAIN. I don’t. and would have to apply to the polit- By the way, with all due respect to Mr. HATCH. Senator MCCAIN said he ical and legislative spending of inter- my friend from Massachusetts—and ev- doesn’t. He is naturally being humor- mediate entities, not simply to expend- erybody knows he is my friend; that is ous, as he always is. itures by the companies at the end of why I think my words may have a lit- Let me just say this. I acknowledge the ownership chain. None of my col- tle more impact than some others’ that it is difficult to devise a manner leagues is rushing to do that. —the idea to include corporations and in which this should be done, but I Finally, were corporations to be re- treat them in a manner comparable to think we should work together and do quired to meet the standards that labor organizations, as I recall, came what the distinguished Senator from would be imposed on unions, they from the distinguished Senator from Massachusetts said in the early 1990s would have to account for political and Massachusetts himself. That was in the ought to be done. We ought to get legislative spending and budgets; dis- early 1990s when I offered amendments those big special interests in the cor- close such spending and budgets to requiring disclosure of the money spent porate world to have to conform to cer- shareholders; constantly track new by labor organizations, money of hard- tain disclosures. shareholders and recalculate ownership working American men and women. This is an important matter for hard- As I recall, one of the principal argu- shares based on daily activities in the working Americans. If my colleague ments of my friend from Massachusetts stock market; constantly solicit con- thinks stockholders should be treated was that corporations were not treated sent from this ever-changing group; similarly, that is what I am trying to similarly—those big, massive, powerful and pay extra dividends or other finan- do in good faith. I think I am doing it corporations compared to these little, cial benefits to shareholders who did pretty well. tiny, ‘‘difficult to maintain freedom for Just so we get rid of this argument not authorize political expenditures. the union members’’ unions. The pending amendment does not do We all know what is going on here. that every detail has to be written into this. No bill purporting to create par- There are people on that side who will legislation—heck, everybody around ity has ever done this. No bill would fight to the death because, although 40 here knows that isn’t the case ever. I ever do so. Such a bill would likely percent of all union members are Re- myself think sometimes we ought to be bring commerce to its knees, as cor- publicans, virtually 100 percent of all a little more specific and not just let porations spent their time creating im- union political money is used to elect the bureaucracy run wild, but that is mense administrative bureaucracies to Democrats. I can recall many years not the way things work in this Fed- implement these requirements. when some of the most liberal Repub- eral Government. Just think about it. I think the argument of the distin- We would never hamstring corpora- licans who always supported labor, and guished Senator from Massachusetts is tions in this way and we should not do when a Democrat who supported labor very insufficient in the details with re- it to labor unions, either. We should ran against them, that Democrat got gard to what legislation is all about. not impose these unreasonable, unfair, labor support. If I have to cite any- Let me give an illustration. The Fed- and likely unconstitutional burdens on body, I will cite Jacob Javits of New eral Communications Act simply tells our country’s unions, which represent York. the most effective voice for our work- I know what is going on here. They regulators to regulate the airwaves in ing families. will fight to the death to make sure the public trust. Since its founding, our nation has re- that those 40 percent of Republicans I am sure the distinguished Senator spected and nurtured the fundamental who work in the unions, who believe in from Massachusetts would love to have principle that democracy thrives best Republican principles, will never have three or four thousand pages defining when there is robust debate over issues any say on how the totality of the what that means—or maybe 150,000 of public concern. This amendment money is spent in the political arena. pages defining what that means. But it would subvert that bedrock propo- Oddly enough, I respect my friend works. It works as long as we have hon- sition. I urge my colleagues to reject from Massachusetts because he has est people in the bureaucracy. this attack on our working families, been the No. 1 champion of these Think of this one. There is a level of our unions, and our country’s core val- unpowerful trade union organizations. detail in all legislation that is left to ues. Mr. DODD. Oddly enough. administrators and regulators. The PRESIDING OFFICER. The Sen- Mr. HATCH. These poor little picked- The McCain-Feingold bill that is so ator from Utah. on people who basically have no say in magnificent, triumphed by the distin- Mr. HATCH. I can’t stay here and let their lives, unless they have the pro- guished Senator from Massachusetts, the Senator from Massachusetts get tection of the distinguished Senator requires State parties to use hard away with this. Here we go again. I ac- from Massachusetts, among others. money to pay the salary of a State knowledge he represents a State that is But to come here today and tell me I party worker if they spend more than highly unionized. I don’t know if he have to write every detail of regulation 25 percent of their time on Federal ever worked for a union or belonged to into a statute that I know the FEC can election activities. a union, but I have. I spent 10 years in do is almost an insult. It comes close. That is pretty broad to me. Nowhere the building construction trade unions. Mr. KENNEDY. Almost. does McCain-Feingold state how State I have a lot of respect for the union Mr. HATCH. He is fighting for his parties are to track these people’s movement. I would fight for the right special interests, and I don’t blame time—nowhere. We will leave that to of collective bargaining. him. He gets 100 percent support from the regulators. But, unlike my colleague from Mas- union activity and union money. It has I could go down each paragraph in sachusetts, I do not believe I have to kept him in office for years. the McCain-Feingold bill and shred it

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.105 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2641 alive, if the argument of the distin- Mr. HATCH. Mr. President, I suggest share of such stocks of funds from its general guished Senator from Massachusetts the absence of a quorum. treasury for the purpose of political activi- has any merit, which, of course, it does The PRESIDING OFFICER. The ties; or not. But that doesn’t stop bombastic clerk will call the roll. ‘‘(B) for any labor organization described in this section to collect or use any dues, ini- argument, nor should it. I love them The assistant legislative clerk pro- tiation fee, or other payment if any part of myself. I love to see the distinguished ceeded to call the roll. such dues, fee, or payment will be used for Senator from Massachusetts get up Mr. DODD. Mr. President, I ask unan- political activities. there, and everybody is almost positive imous consent that the order for the ‘‘(2) EFFECT OF AUTHORIZATION.—An author- he is going to blow a fuse before he is quorum call be rescinded. ization described in paragraph (1) shall re- through. But the fact is, he has a right The PRESIDING OFFICER. Without main in effect until revoked and may be re- to do that. I admire him for doing it. I objection, it is so ordered. voked at any time. Mr. HATCH. Mr. President, my modi- ‘‘(c) CONTENTS.— admire the way he supports his special ‘‘(1) IN GENERAL.—The report submitted interests. I do not know of anybody fication is at the desk. I ask unani- under subsection (a) shall disclose informa- who does it better. We don’t have any- mous consent that my amendment be tion regarding the dues, fees, and assess- body on our side who can do that as so modified. ments spent at each level of the labor orga- well. The PRESIDING OFFICER. Is there nization and by each international, national, (Applause in the Galleries.) objection? State, and local component or council, and The PRESIDING OFFICER (Mr. Mr. DODD. Reserving the right to ob- each affiliate of the labor organization and BROWNBACK). There will be order in the ject—I am not going to object—Mem- information on funds of a corporation spent gallery. bers should have the right to modify by each subsidiary of such corporation show- Mr. HATCH. That brought tears to ing the amount of dues, fees, and assess- their amendments. ments or corporate funds disbursed in the my eyes. For the purposes of clarification, I following categories: Mr. President, McCain-Feingold does wonder if my colleague from Utah ‘‘(A) Direct activities, such as cash con- not say if the contract workers are em- might take a minute to explain the tributions to candidates and committees of ployees of the State party, or regular, modification. political parties. full-time employees. Those details are Mr. HATCH. It basically corrects lan- ‘‘(B) Internal and external communications left to regulators. guage in the amendment. It basically relating to specific candidates, political The amendment amends the FECA allows proportionate share with regard causes, and committees of political parties. act so that the FEC would administer ‘‘(C) Internal disbursements by the labor to the unions, and also with regard to organization or corporation to maintain, op- this and all existing FEC enforcement corporations. I think it applies both laws and regulations, as well as pen- erate, and solicit contributions for a sepa- ways. But I wanted to make sure. rate segregated fund. alties that would apply. Mr. DODD. I am sure the President ‘‘(D) Voter registration drives, State and I know what is going on. It is wonder- understood that. precinct organizing on behalf of candidates ful to argue for what helps your side. I have no objection. and committees of political parties, and get- McCain-Feingold, to their credit, is Mr. HATCH. Mr. President, I yield out-the-vote campaigns. trying to get a more honest system the floor. ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For that is equal both ways. But if you read The PRESIDING OFFICER. Without each of the categories of information de- the provision on the Beck decision, it objection, the amendment is so modi- scribed in a subparagraph of paragraph (1), the report shall identify the candidate for basically obliterates it. It basically fied. narrows it so much that it has no public office on whose behalf disbursements The amendment (No. 134), as modi- were made or the political cause or purpose meaning. fied, is as follows: I have to say there are those on the for which the disbursements were made. Beginning on page 35, strike line 8 and all ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— other side of the floor who will never that follows through page 37, line 14, and in- The report under subsection (a) shall also allow the Beck Supreme Court deci- sert the following: list all contributions or expenditures made sion, the ultimate law of the land, to SEC. 304. DISCLOSURE OF AND CONSENT FOR by separated segregated funds established be enforced, or to be applied, because it DISBURSEMENTS OF UNION DUES, and maintained by each labor organization would even things up, and it would FEES, AND ASSESSMENTS OR COR- or corporation. allow 40 percent of the union member- PORATE FUNDS FOR POLITICAL AC- ‘‘(d) TIME TO MAKE REPORTS.—A report re- TIVITIES. ship in this country to have some say quired under subsection (a) shall be sub- Title III of the Federal Election Campaign mitted not later than January 30 of the year on how their dues are being spent in Act of 1971 (2 U.S.C. 431 et seq.) is amended beginning after the end of the election cycle the political activity. by inserting after section 304 the following: that is the subject of the report. That is all I am trying to do. I think ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF ‘‘(e) DEFINITIONS.—In this section: it is a reasonable thing. I think it is UNION DUES, FEES, AND ASSESS- ‘‘(1) ELECTION CYCLE.—The term ‘election the right thing. I think it is the intel- MENTS OR CORPORATE FUNDS FOR cycle’ means, with respect to an election, the ligent thing. If we don’t do this, then POLITICAL ACTIVITIES. period beginning on the day after the date of ‘‘(a) DISCLOSURE.—Any corporation or are we really trying to have a bill that the previous general election for Federal of- labor organization (including a separate seg- fice and ending on the date of the next gen- is going to correct some of the ills of regated fund established and maintained by eral election for Federal office. our society? such entity) that makes a disbursement for ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- I have no illusion. I suspect that political activity or a contribution or ex- ical activity’ means— many, if not all, on the other side will penditure during an election cycle shall sub- ‘‘(A) voter registration activity; vote against this amendment because mit a written report for such cycle— ‘‘(B) voter identification or get-out-the- it does basically even things up. It does ‘‘(1) in the case of a corporation, to each of vote activity; what the distinguished Senator from its shareholders; and ‘‘(C) a public communication that refers to ‘‘(2) in the case of a labor organization, to a clearly identified candidate for Federal of- Massachusetts said we ought to do each employee within the labor organiza- back in the early 1990s, but today is in- fice and that expressly advocates support for tion’s bargaining unit or units; or opposition to a candidate for Federal of- dicating, if we do it, that it has to be disclosing the portion of the labor organiza- fice; and done in such specificity that it would tion’s income from dues, fees, and assess- ‘‘(D) disbursements for television or radio be the most specified language in the ments or the corporation’s funds that was broadcast time, print advertising, or polling history of legislative achievement. expended directly or indirectly for political for political activities.’’ AMENDMENT NO. 134, AS MODIFIED activities, contributions, and expenditures The PRESIDING OFFICER. Who Mr. President, I send a modification during such election cycle. yields time? ‘‘(b) CONSENT.— to the desk and ask for its immediate Mr. MCCONNELL. Mr. President, how ‘‘(1) PROHIBITION.—Except with the sepa- consideration. rate, prior, written, voluntary authorization much time remains? The PRESIDING OFFICER. Is there of a stockholder, in the case of a corpora- The PRESIDING OFFICER. On this objection? tion, or an employee within the labor organi- amendment, there are 37 minutes. The Mr. HATCH. It is a technical correc- zation’s bargaining unit or units in the case opponents have 62 minutes. tion. of a labor organization, it shall be unlawful— Mr. MCCONNELL. Mr. President, I Mr. DODD. I would like to see the ‘‘(A) for any corporation described in this thank Senator DODD and others for al- amendment. section to use portions, commensurate to the lowing Senator HATCH to modify his

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.106 pfrm03 PsN: S21PT1 S2642 CONGRESSIONAL RECORD — SENATE March 21, 2001 amendment. We got into quite a tussle ment so noncontroversial that it was $277,508,365. The Teamsters brought in the other night over that issue. I am subject only to intermediate scrutiny. $303,498,920. pleased to see the comity that the Sen- And it survived intermediate scrutiny I could go on. I have not yet included ate normally enjoys. It has been exer- and survived review under this stand- some of the largest unions, such as the cised on this occasion. I thank every- ard. Communications Workers, the Service one for allowing Senator HATCH to The court upheld the affirmative con- Employees Union, the Hotel Workers modify his amendment. sent requirement explaining that: Union, the National Education Asso- Let me say that this amendment has By verifying on an annual basis that indi- ciation, and the Electrical Workers, all been described as a poison pill by the viduals intend to continue dedicating a por- of which are among the largest unions New York Times and the Washington tion of their earnings to a political cause, in America. Post and Common Cause. I think it is [the consent requirement] both reminds But if we just add up what the eight important for Members to understand those persons that they are giving money for unions I mentioned raked in during political causes and counteracts the inertia what a ‘‘poison pill’’ is by their defini- that would tend to cause people to continue 1999, it amounts to $2,700,645,439. If we tion. A poison pill is anything that giving funds indefinitely even after their double this figure, to reflect what these might affect labor unions. Disclosure support for the message may have waned. eight unions took in during the 1999– and consent are universally applauded The annual consent requirement ensures 2000 election cycle, it amounts to in the campaign finance debate. Disclo- that political contributions are in accord- $5,401,290,878. sure and consent are the two principles ance with the wishes of the contributors. If these eight unions spent just 10 upon which there is wide agreement on So there is a binding Federal court percent of this amount to help the a bipartisan basis throughout this precedent upholding affirmative con- Democrats in the last election, these Chamber—unless it applies to labor sent requirements on unions. This case eight alone spent $540 million. So it is unions. makes clear that such provisions are safe to say that unions easily spend at What Senator HATCH is trying to do not even subject to strict scrutiny. least $1⁄2 billion for Democrats in each is to apply those principles—disclosure It is entirely possible that unions are election cycle. and consent—to organized labor in this the biggest spenders in our elections. Independent academic research from country. Admittedly, the so-called pay- But we do not know because they do Professor Leo Troy of Rutgers arrives check protection amendment in the not disclose the majority of their polit- at similar numbers, as do estimates past has only applied to unions. Many ical activities. The numbers people use from former high-ranking union offi- of our Members have complained about to say corporations outspend unions cials, such as Duke Zeller, formerly a that. are suspect because they only include Teamsters official, who has acknowl- The senior Senator from Arizona, as what unions disclose. But we can esti- edged that big labor spent about $400 recently as January 22, complained mate what unions spend because there million for the Democrats and Bill about the fact that it did not apply to is no meaningful disclosure anywhere Clinton in 1996. shareholders. The junior Senator from of what unions spend on political ac- Contrast this with $244 million total Wisconsin, on the same day, was com- tivities—such as phone banks, direct for all corporate and business associa- plaining about the paycheck protection mail, voter identification, get-out-the- tion hard and soft money contributions proposal because it only applied, as he vote activity, candidate recruitment, to the Republican and Democratic Par- put it, to one player, the labor unions. political consulting, and other activi- ties, including their congressional Senator KERRY of Massachusetts, in ties—in support of the Democratic committees. the last year or so, was complaining Party. We must, admittedly, simply es- These figures regularly cited about about paycheck protection because it timate what they spend. business outspending labor 10 or 15 to 1 only applied to labor unions. Senator By contrast, we have a very good are based on questionable figures gen- LIEBERMAN, in February of 1998—just a idea what corporate America spends erated by the ‘‘reform industry’’ to re- couple years ago—I suspect it is still because almost all of its activity is enforce its own mythology about how his view that paycheck protection is a limited to operating PACs and making corrupt Congressmen are, in the pocket problem because it does not apply to soft money donations to parties, which, of big business. These estimates are corporations. That is one of the prin- unlike big labor’s ground game, are not based on sound, unbiased FEC fig- cipal arguments against so-called pay- fully disclosed activities. ures. check protection. In estimating what unions spend, we Moreover, the reformers’ estimates The Senator from Utah has now ap- should note that in Beck cases—and re- only look at how much publicly dis- plied it to corporations. He has applied member, the Beck case was about a closed hard and soft money businesses it. There is parity between unions and nonunion member—it is not unusual and labor give to parties and their can- corporations. The goal is to ensure for nonunion members, seeking a re- didates. They totally ignore the hun- that all political money is voluntary. fund of the pro rata share of their fees dreds of millions big labor pour into its In a corporation without share- that the union uses for activities unre- massive, undisclosed ground game op- holders, if the owner uses his money on lated to collective bargaining, to get erated on behalf of the Democratic politics, obviously, it is voluntary be- back in excess of 70 percent. In the Party. cause it is his money. With share- Beck case itself, Mr. Beck got back 79 The dirty little secret that big labor holders, we need this legislation so ex- percent. and its allies do not want anyone to ecutives do not decide for the share- So let’s be very conservative and say know is that corporate America just holders. that the unions spend 10 percent of the makes contributions and may run up In unions, the consent provision en- money they take in each year to help some issue ads once in a while to which sures political money from dues are Democrats. we can assign a price tag, thanks to ad voluntarily used for political purposes. Now, let’s look at how much unions buy information. Big labor, on the And, of course, there are no privately take in from dues from members, agen- other hand, makes some contributions, held unions. cy fees from nonmembers, and other runs some issue ads, but that is just Paycheck protection is clearly con- sources, such as their affinity credit the tip of the iceberg. The vast major- stitutional. In Michigan State AFL- card program. According to figures ity of its political activity and money CIO v. Miller, the U.S. Sixth Circuit from the Department of Labor for 1999, is dedicated to the ground game. These Court of Appeals upheld a State stat- the Auto Workers Union took in direct expenditures which completely ute requiring unions to get affirmative $308,653,016. The Steelworkers Union dwarf what business spends on politics, consent each year from union mem- took in $569,198,286. The Machinists even if they are only 5 to 10 percent of bers. In fact, the court held that the af- Union took in $167,201,344. The Car- what big labor rakes in each year, firmative consent requirement, similar penters Union took in $624,205,132. The aren’t disclosed anywhere. Nowhere is to Senator HATCH’s requirement, was Laborers International Union took in this disclosed. And big labor’s allies not even subject to the highest degree $133,921,734. The Food and Commercial will do everything they can to make of strict scrutiny. Rather, the court Workers Union took in $316,458,642. The sure these massive expenditures that found the affirmative consent require- Airline Pilots Union took in form the brunt of big labor’s political

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.108 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2643 operation remain hidden away from the probably don’t know that unions use then be an expenditure which would sunlight of disclosure. their dues for such things as an effort have to be paid for in hard dollars. I am The distinguished Senator from Mas- in 1996 to legalize marijuana in Cali- not sure even what the relevance of sachusetts has noted that no corpora- fornia. The Teamsters contributed that is in this particular place. The tion does get-out-the-vote operations. $195,000 in union dues to support that same thing with disbursements for tel- Unions offer the appearance of a legiti- particular effort. I wonder how many evision or radio broadcast time. mate democratic process but none of hard-working families of union mem- The heart of this amendment is to go the reality, and disregard the interests bers want their hard-earned dollars to after union activity and to place re- of working men and women instead of be used for the legalization of mari- quirements on unions that are so oner- representing them. juana. I cite that as an example of the ous that they will not be able to meet In 1959, Congress enacted the Labor- way in which union dues can be used them. To require affirmative approval Management Reporting and Disclosure without the consent of members and on of certain activities in a voluntary or- Act to protect the rights and interests causes certainly the members are not ganization and association which has of union members against abuses by likely to agree with. voted to engage in certain activities in unions and their officials. The act gave Senator HATCH, through this impor- which free people engage is set aside union members various substantive tant amendment, is trying to get at here. Instead, under this amendment, rights that were considered so crucial some of these problems. I commend we have a free association of people, to ensuring that unions were democrat- him for his outstanding leadership on because no one can be required to be a ically governed and responsive to the this issue over the years. We certainly member of a union, not in this country. will of their membership that they hope this amendment will be approved. Nobody can be required to be a member were labeled the Bill of Rights of Mem- I retain the remainder of my time of a union. bers of Labor Organizations. The and yield the floor. So you have an association of free LMRDA made rank-and-file union The PRESIDING OFFICER. Who men and women who have decided that members the sole guardians of protec- seeks time? they want to engage in certain polit- tions set forth in the Bill of Rights for The Senator from Connecticut. ical activity, but we are told in this amendment that they have to go Members of Labor Organizations by Mr. DODD. Mr. President, I yield 15 through certain hoops and they have to prohibiting the Secretary of Labor minutes to the distinguished senior jump across certain hurdles before they from investigating violations of those Senator from the State of Michigan, are allowed to do so. Mr. LEVIN. rights. We are told that there is parity here. Of course, Congress realized that the The PRESIDING OFFICER. The Sen- Stockholders are also covered by this, protections provided in the Bill of ator from Michigan is recognized for up we are told. Yet we haven’t heard, de- to 15 minutes. Rights for Members of Labor Organiza- spite the many suggestions and ques- Mr. LEVIN. I thank my friend from tions were meaningless if union mem- tions asked about this, of any corpora- Connecticut. bers did not know of their existence. tions that engage in this activity that Mr. President, this amendment is Therefore, in section 105 of the act, would be required to obtain stock- written as though it would apply to Congress mandated that ‘‘every labor holder approval before using corporate both corporations and unions. The organization shall inform its members funds to do so. concerning the provisions of this chap- words on the piece of paper we have If this were a serious amendment ter.’’ Unfortunately, as demonstrated just been handed say ‘‘any corporation aimed at parity, if this were truly a by the U.S. Fourth Circuit Court of Ap- or any labor union.’’ When somebody real-world parity amendment, it would peals recent decision in Thomas v. The first looked at it, they would say: Aha, not be written in the way it is relative Grand Lodge of the International Asso- this applies to both. to corporations. Saying that you would ciation of Machinists, a decision hand- In the real world, it doesn’t. In the have to get the approval of stock- ed down in just January of this year, real world, the only entities to which it holders, for instance, without saying the officials at labor unions have frus- applies are unions and not corpora- which class of stockholders—common trated the will of Congress and sought tions. The activities which are covered stock, preferred stock—what day are to prevent their members from learn- here are really for, first, voter registra- we getting the approval of stockholders ing of their rights by refusing to notify tion activity. I don’t know of too many on, was it yesterday before a billion members of the act’s protections when corporations that engage in that. I shares of stock were sold on the New they join. would love to know from the sponsors York Stock Exchange, is it today, In Thomas, the union asserted that of this amendment what percentage of when another billion shares of stock their one-time publication of the provi- corporations engage in voter registra- are going to be sold on the New York sions of the act to their membership tion activity. That is the first thing it Stock Exchange, This is not a moving way back in 1959—the fact that they covers, something which unions do and target which would be presented to a published it one time in 1959 —satisfied corporations don’t. But we are told corporation. It would be a moving bul- their obligation to notify their mem- there is parity in this amendment. let which would have to be somehow or bers. The court of appeals rejected this The second thing we are told it cov- other captured so these requirements somewhat ingenious argument because ers is voter identification or get-out- could be met. But they are not real re- it ran counter to the clear text of sec- the-vote activity. I don’t know of too quirements because corporations don’t tion 105 and because ‘‘Congress clearly many corporations that engage in engage in the activity purportedly intended that each individual union voter identification or get-out-the-vote being covered by this amendment. member, soon after obtaining member- activity. I would be really interested to The purpose of this amendment is to ship, be informed about the provisions hear from the sponsors of this amend- try to restrict legitimate political ac- of the act,’’ including the Bill of Rights ment as to what percentage do because tivity of an association of men and of Members of Labor Organizations. I don’t know of many. In fact, I don’t women in a labor union. The disguise is This is the reality of union democ- know of any offhand. So while it pur- pretty thin. The disguise is, look, we racy and the contempt union leaders ports to be equal in its application, have heard a lot about covering cor- have for the rights and interests of while it purports to have parity to both porations, so we are doing it. But this working men and women. Unions still unions and corporations, it is purely isn’t the activity that the corporations continue to fight disclosing to workers paper parity, it is not real world par- engage in which is set forth in this the basic rights Congress set forth ity. It is the appearance of parity with- amendment. This is the activity in back in 1959. out the reality of parity—paper parity. which labor unions engage—voter reg- The reason the underlying amend- The third item is public communica- istration activity, voter identification, ment doesn’t include ideological tion that refers to a clearly identified or get-out-the-vote activity. So the dis- groups is that when you give to the Si- candidate. I am not sure what that guise is pretty thin. The parity is paper erra Club, you know the causes they means, because if it were a public com- parity only. advocate. When people join unions or munication that expressly advocated This amendment, it seems to me, are forced to pay fees to unions, they support for or opposition to, it would should be seen for what it is—a way to

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.112 pfrm03 PsN: S21PT1 S2644 CONGRESSIONAL RECORD — SENATE March 21, 2001 attempt to reduce the political activ- stricted by this amendment—with no impropriety, and severe practical lim- ity of labor unions. There was a case showing of an appearance of corrup- its on the rights of association in trade called Machinists v. Street in the Su- tion, restriction on the rights of asso- unions. And I believe this language preme Court back in 1961. The Supreme ciation. That is what this amendment should not only be defeated by this Court expressed concern with en- reflects. body, but, hopefully, will be rejected on croachment on the legitimate activi- That cannot just be disguised or cov- a bipartisan basis because it would cut ties and necessary functions of unions. ered up by saying, oh, look, it applies into the rights that I believe all of us They made it very clear in that case to corporations, too, when in fact the should want very much to protect. that it is up to the members of the corporations do not engage in the ac- I thank the Chair. union to decide in what activities they tivity being discussed here. And, in The PRESIDING OFFICER. The Sen- would engage, and that dissent is not fact, if this seriously were aimed at ator from Kentucky is recognized. presumed, in the words of the Supreme corporations, it would be so totally un- Mr. MCCONNELL. Mr. President, the Court. workable that it would fall of its own Senator from Michigan is correct, of This amendment reverses that right weight. No corporation I know of could course, that no worker can be forced to of association where members of an as- possibly comply with these rules, even join a union. They can, however, be sociation are presumed to support, by if it wanted to engage in get-out-the- forced to pay fees to unions, equal to the election of their officers and adop- vote activity or voter registration. union dues, as a condition of maintain- tion of their bylaws, the program of There would be no practical way it ing their employment. That is pre- that association. It reverses the Su- could comply with this. cisely the point of Senator HATCH’s preme Court’s assumption and pre- The effort to modify this amendment amendment. sumes dissent, requiring affirmative was a reflection of the total inability As for the concern of the Senator approval of members of a free associa- of a corporation to function under this from Michigan about the fact that no tion. kind of a rule. But it doesn’t cure the corporation does ground wars as unions This is what the Supreme Court said: problem because, again, we are not do, that is, of course, precisely the Any remedies, however, would properly be told: When is this decision made? What point. That is exactly why McCain- granted only to employees who have made day are the stockholders going to be Feingold is biased in favor of Demo- known to the union officials that they do not counted? Do they have to be asked on crats. desire their funds to be used for political a certain day as to whether or not they Unions, as the Senator from Michi- causes to which they object. The safeguards approve a get-out-the-vote campaign or gan has pointed out, do the ground war in the law were added for the protection of a voter registration campaign? The for the Democrats. I wish we had an dissenters’ interests, but dissent is not to be next day you may have hundreds of ally like that on our side. I admire the presumed. thousands, perhaps in a large corpora- unions greatly. They do the ground war This amendment, by requiring that tion, of different stockholders. What for the Democrats. unions go through very complicated, classes of stock are covered? There is For Republicans, it is the party that cumbersome procedures in order to ob- nothing about that—and for good rea- takes the primary role in the ground tain affirmative approval of members son. That is not the purpose of the war. As we have discussed here, and as of that free association, is intended to amendment. the Senator from Michigan has con- put a damper on union political activ- The purpose of this amendment, I am ceded, corporations don’t do that sort ity, and it is very clear what this pur- afraid, is a purpose in which we as a of thing. They never have and, in my pose is. body should not participate. The pur- view, they never will. Finally, let me just say this: This is pose of this amendment is to restrict McCain-Feingold eliminates one- not an amendment, it seems to me, the political activities of a free asso- third of the resources that Republican which belongs in this bill or is really ciation. We should not do that, wheth- Party organizations have to counter appropriate in this bill. This is an er we like the association or don’t like the union ground game from which amendment that is aimed at labor the association. We should not do that Democrats benefit 100 percent. unions, separate and apart from any whether the association is supportive According to Forbes magazine, the bill that we have before us relative to generally of our party or opposes gen- NEA’s local uniserve directors act as money going into campaigns. This is erally our party. The principle here, the largest army of paid political orga- not an amendment that is aimed at the the principle involved, is the right of nizers and lobbyists in the United appearance of corruption, which we association under the first amendment. States. According to NEA’s own stra- have been told, under Buckley, can be It cannot be restricted by law. It tegic plan and budget, these political addressed by trying to put some limits should not be restricted by this body. operatives had a budget of $76 million on contributions to campaigns. That is We should not attempt to place these for the 2000 cycle—$76 million for the what the Buckley case says we can do. kinds of restrictions on the associative 2000 cycle alone. None of that is In order to avoid the appearance of rights of American citizens. touched by McCain-Feingold. corruption, the appearance of impro- Finally, under a NAACP case in 1963, With regard to the unions, what do priety, we can put contribution limits I will close with this quote. The first unions do to help Democrats? Again, I on contributions, we can restrict con- amendment is what is being discussed say I wish we had such an ally. This is tributions because of what can be im- in that case, and this is what the Su- what the unions do for the Democrats: plied, and is too often implied, by large preme Court held: One, get out the vote; contributions going into these cam- Because first amendment freedoms need Two, voter identification; paigns. We have not been shown the breathing space to survive, government may Three, voter registration; corruption that this amendment in- regulate in the area only with narrow speci- Four, mass mailings; tends to remedy. ficity. Five, phone banks; What this amendment intends to do I know we are going to have a debate Six, TV advertisements; is to restrict the rights of association over whether or not the bill before us Seven, radio advertisements; of members of a union—people who vol- meets the first amendment test. Those Eight, magazine advertisements; untarily decide they are going to either of us who very much support McCain- Nine, newspaper advertisements; be in a union, remain in a union, or Feingold feel passionately that it does, Ten, outdoor advertising and join a union; people who are not re- that it is narrowly crafted to allow for leafletting; quired to stay in a union by law; people regulation, to address the appearance Eleven, polling; who are not required to join a union by of impropriety and corruption. But And twelve, volunteer recruitment law because no law can require that in there is no way that the amendment and training. this country. Yet it is the restriction before us, which has an effect only on Boy, I wish we had an ally such as of that association, the right of men the free association of labor unions, that. That would be wonderful. The and women in a free country to asso- can possibly meet this test with no only entity we have that engages in ciate freely and to decide on a regime showing of an appearance of corrup- any of those activities on behalf of Re- of political activity that is being re- tion, no showing of an appearance of publicans is our party organizations.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.115 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2645 Their funds would be reduced by at The PRESIDING OFFICER. The Sen- should be all about supporting their least a third or, in the case of the Re- ator from Kentucky has 15 minutes 30 rights to serve their members, not try- publican National Committee, 40 per- seconds. ing to gag them, trying to block com- cent by McCain-Feingold. Mr. MCCONNELL. I reserve the re- munication. My colleagues are so wor- McCain-Feingold purports to regu- mainder of my time, and I will see how ried that these associations and these late some union activity, and I gather it goes. organizations of people who do not give from reading the paper it has made the Mr. DODD. How much time remains the millions of dollars will be able to, unions at least a little bit nervous. It on the opponents’ side? God forbid, be involved in voter reg- purports to prohibit TV and radio ads The PRESIDING OFFICER. Forty- istration activity, get-out-the-vote ef- that refer to a candidate within 60 days seven minutes 22 seconds. forts, internal communication, and of a general election or 30 days of a pri- Mr. DODD. Maybe we will consume grassroots politics. mary. all of it, and if the Senator from Ken- This is the ultimate anti grassroots However, with regard to national tucky—— politics, anti association, anti group parties, everything the national party Mr. MCCONNELL. I have reserved and organization, anti rank-and-file does must be paid for in 100-percent mine. member, anti people communicating federally regulated hard dollars, even if Mr. DODD. How much time does my with one another, anti people without it does not mention a single candidate. good friend from Minnesota need? the big bucks through their association If, in fact, that 1 restriction on union Mr. WELLSTONE. Ten minutes, and being able to have some power and some say and some clout in American activity remains in the bill at the end, I may not take a full 10 minutes. politics. that leaves 11 other activities unions The PRESIDING OFFICER. The Sen- ator from Minnesota is recognized for This amendment should be roundly engage in untouched by McCain-Fein- defeated. gold while at the same time the bill re- 10 minutes. Mr. WELLSTONE. Mr. President, I I yield the floor. duces the funds available for the na- will tell you why I may not take the Mr. CORZINE. Mr. President, I rise tional parties by a third, to 40 percent. full 10 minutes. I had an opportunity to today in strong opposition to the so- In addition to that, McCain-Feingold, hear Senator LEVIN, and he said much called paycheck protection amend- in effect, federalizes State and local of what I wanted to say except he said ment. This proposal, in my view, is lit- parties in even-numbered years. In it better than I can. tle more than a thinly veiled attack on order for the Republican National Com- I do want to be really clear that this organized labor, and an attempt to un- mittee—it would apply to Democrats ‘‘paycheck protection’’ amendment dermine genuine campaign finance re- as well, but it is not as important to that all of us have been expecting has form. them because they have the unions as taken an even more egregious and cyn- The effect of this amendment would I just described—in the case of the ical form than I had contemplated in be to bury unions in a morass of bu- local parties and the national party, all my nightmares. reaucratic red tape, and severely im- they would have to operate at 100-per- This is not about sham issue ads. It is pede their ability to represent their cent Federal dollars, even if they were important to go after soft money that membership. It would push unions fur- trying to influence a mayor’s race in goes into such ads by any kind of orga- ther to the periphery of the political process, and hurt the working men and Wichita, KS. nization. This is not about parity be- women they represent. It also may well This bill does little or nothing to the tween corporations and unions, for all unions. What little it purports to do, I be unconstitutional. of the reasons Senator LEVIN outlined. Every day, associations and other or- gather, has made the unions nervous, This is, however, going after political and it will be interesting to see if, be- ganizations representing everything activity defined as ‘‘voter registration from chocolate manufacturers to re- fore the end of this debate, not only are activity, voter identification, or get the amendments such as the one we are tired people come to Capitol Hill to ad- out the vote, public communication vocate for their members. These orga- debating not approved, I am curious to that refers to a clearly identified can- see whether there will be additional nizations use a variety of mechanisms didate for Federal office.’’ to decide how they spend their money. amendments offered that will, in fact, I can understand why, given what we take out what few uncomfortable por- Some give broad authority to their have been doing on the floor of the D.C. representatives. Others centralize tions of the existing bill there are for Senate over the last couple of weeks, organized labor. In other words, I am authority with their president. Others such as, for example, in 10 hours over- operate through special boards or com- predicting that not only will Senator turning 10 years of work to have a rule HATCH’s amendments—this one and the mittees. to provide some protection for people It is not Congress’s business to dic- one he will offer after this one—prob- against repetitive stress injury—I can ably be defeated, but that those ele- tate to these organizations how they understand why my colleagues would make their internal spending decisions. ments of McCain-Feingold that cur- not want unions, or any kind of organi- rently create some angst among That is their business. And that is how zation that represents workers, com- it should be. unions, there will be an effort to strip municating with those workers. But this amendment says that it is those out before we get to final pas- This is a gag rule amendment. That our business as politicians to tell sage. is what this is about. Basically, this is unions how to make their internal In the name of fairness, what we are the issue: This amendment is all about spending decisions. The obvious intent talking about, with Senator HATCH’s going after a democratic, with a small is to harm unions’ ability to function amendment, is to make sure that union ‘‘d’’—may I please make that distinc- effectively in the political process. dollars are voluntarily given by mem- tion—a democratic institution, with a This doesn’t just discriminate unfairly bers and that union activities are dis- small ‘‘d,’’ and denying that against unions. It undercuts their con- closed. Consent and disclosure are two associational democratic institution stitutional rights of free association principles, it seems to me, that have the right to represent and serve its and of free speech. been at the heart of the campaign fi- members. As a result of the 1988 Beck case, all nance debate for many years. What my colleagues are worried workers can already opt out of paying I think we are probably through on about, what this amendment is a re- union dues. They can choose not to be this side. I do not know how many flection of, is the concern of some of in the union and to pay a fee that only more speakers you have. my colleagues that this particular covers costs associated with contract The PRESIDING OFFICER. The Sen- democratic organization, with a small management and collective bargaining. ator from Connecticut. ‘‘d’’—a union, or it can be any organi- No worker is forced to join the union. Mr. DODD. Mr. President, I know of zation—will be able to serve its mem- Therefore, no worker is forced to cover three or four anyway. There may be a bers. costs associated with political activi- few others. Frankly, we in the Senate ought to ties. And, I would add, the underlying Mr. MCCONNELL. How much time do be for all democratic, with a small ‘‘d,’’ legislation includes a provision that I have? associational organizations, and we makes this very clear.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.117 pfrm03 PsN: S21PT1 S2646 CONGRESSIONAL RECORD — SENATE March 21, 2001 In reality, this amendment is a delib- seem to seek in this. But ‘‘fair’’ means Internal disbursements, to operate erate attempt to undermine one of the you try to achieve parity to the best and solicit contributions—likewise, not key purposes of unions, advocating for degree possible between both sides’ po- a shareholder participation. their members not only with manage- tential supporters, those who give to Voter registration drive, et cetera. ment, but with elected officials. The us. What it specifically seeks to do is re- amendment goes well beyond what the What is extraordinary to me is what strain those activities which our col- Supreme Court required in the Beck is being sought here is effectively the leagues don’t like because they are par- decision. It would require union mem- silencing of the capacity of organized ticipating in the process, and it doesn’t bers to affirmatively agree to set aside labor to be able to participate with a achieve parity with the corporate sec- a portion of their dues for political ac- fig leaf, a pretense about corporate re- tor—and, I might add, places a burden tivities. And then it would require pe- sponsibility and shareholder obliga- on the corporate process, which is ab- riod reports spelling out details of tions. There is nothing in the termi- solutely not workable. those activities. nology of the legislation in the way it I don’t see how it is possible for cor- These requirements would impose has been set forth that actually creates porations to make the kinds of divi- significant costs on unions and limit any equality at all between share- sions that are called upon in this legis- their ability to participate in the polit- holders and union members who, I lation. It would require a constant ical process. might add, are a completely different tracking of new shareholders, a con- It is important to remember that concept altogether. After all, I think it stant recalculation of their ownership unions are democratic institutions. De- is understood there are certain laws stakes. Shares are traded daily on the cisions are made by majority vote or that apply to unions—to union partici- stock market. Corporations would have by duly elected representatives. More- pation, the Beck law, to the rights of to collect and process spending author- over, as I said earlier, nobody is forced union members, to union democracy, ization from those daily changing to join a union. If you decide to join, as election of leaders, the way in which shareholders. And, finally, the corpora- with other voluntary organizations, they participate—which are completely tions would have to pay additional you accept the democratic decision- different from the role of shareholders dividends or other financial benefits to making process. and the way shareholders participate. shareholders who refuse to authorize It is absurd to join the NRA and ask More importantly, look at the basic corporate and political legislative that no funds be used for political ac- numbers. Corporations outspent unions spending. tivities. You cannot pay a reduced fee in political activities in the last elec- It is completely unworkable on the to simply receive American Rifleman tion 15–1. Even if you accept the argu- corporate side, but it is not meant to magazine. And you cannot join the Si- ment of some Republicans that unions be workable. It is clearly meant to be erra Club just for the tote bag. Simi- tend to predominantly be supportive of a restraint on the capacity of a vol- larly, political activities are a funda- Democrats, which might incidentally untary association under the Constitu- mental feature of a union’s operations. illicit some thinking on their part tion to be able to participate in the Unions were formed in the first place about why it is that happens, but with electoral process in a way not denied to to reduce the historic imbalance be- ergonomics in the past week and other any number of other groups in our tween workers and management, be- attacks, I think we can understand country. tween most Americans and powerful, that differential, but even if you were I think our colleagues ought to join entrenched interests. By coming to- to split the corporate contributions— together because this is an amendment gether, working families have an influ- because some corporations do, indeed, calculated to try to undo the McCain- ential voice, and nowhere is the voice also give to Democrats—and you took Feingold concept, and particularly cal- of labor unions more important than in only 8–1 or 7–1, you are looking at a culated to establish a playing field that the political arena. This amendment level of expenditure that so far out- is not level. would, in effect, silence that voice, and strips the participation of unions that Mr. DODD. I yield 5 minutes to my in the process silence millions of work- the real objection of some of our col- colleague from Wisconsin. ing families. leagues is not the money; it is the fact Mr. FEINGOLD. Mr. President, the If we believe in the constitution right that people, voters, actually go out and President of the United States, Presi- to free association, we cannot support get engaged in the system in a way dent Bush, issued a statement with re- this amendment. If we believe in the that shareholders don’t. gard to campaign finance reform indi- rights of working families to be heard, What they are trying to do is legisla- cating he is committed to working we cannot support this amendment. tively strip away the capacity of those with the Congress to ensure that fair And if we believe in fundamental and people to be able to participate to the and balanced campaign finance reform equitable campaign finance reform, we full extent of our democratic process. legislation is enacted. He specifically cannot support this amendment. The Supreme Court of the United referred to a desire to have a balance Mr. DODD. Mr. President, we have States made it clear in Communication between unions and corporations in the many Members desiring to be heard. I Workers of America v. Beck—in the United States. want to make sure I accommodate ev- Beck decision—when it said that Apparently Senator HATCH’s amend- eryone who wants to be heard. unions can’t, over the objection of a ment is an attempt to do that. But as I yield to my colleague from Massa- dues-paying nonmember employee, has been effectively pointed out by chusetts for 5 minutes. spend funds collected from those ac- Senator LEVIN, it doesn’t accomplish The PRESIDING OFFICER (Mr. AL- tivities unrelated to collective bar- that. It isn’t balanced. It isn’t parity. LARD). The Senator from Massachu- gaining. They cannot use that money The distinguished Senator from Massa- setts is recognized for up to 5 minutes. in politics already. chusetts pointed out when it comes to Mr. KERRY. Mr. President, I thank That decision has been properly codi- the balance between unions and busi- my colleague. fied in this legislation by Senators ness in the country, this amendment The impact of this amendment and MCCAIN and FEINGOLD. Here we are doesn’t even apply to 99.7 percent of the fundamental unfairness of it are so codifying Beck and restricting the ca- the businesses in the country. obvious and so patently clear. What pacity of the nonmember employee, It is an interesting technique to talk this tries to achieve doesn’t necessitate dues-paying employee. What the legis- about balance between unions and cor- a raising of voices or even an angry re- lation seeks to do in reading several porations but not include many other sponse, although I think there are sections of it, sections (B), (C), and (D) kinds of organizations as well. plenty of Members who feel offended by of section 1, is show it is specifically What is even more troubling is the what it seeks to do. targeted to internal and external com- point made by the Senators from The purpose of this McCain-Feingold munications relating to specific can- Michigan and Massachusetts. The defi- legislation is to try to create a fair didates. That is the kind of commu- nition of ‘‘political activity’’ is by no playing field. ‘‘Fair’’ is not a word we nication that takes place in the union. means balanced between what corpora- hear a lot applied to the standards It doesn’t take place among share- tions do and unions do. This needs to which our colleagues on the other side holders. be reiterated. There are four kinds of

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.018 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2647 activity listed. Two of the activities rectors of a corporation do that, and objecting nonmembers in several cases fol- are activities in which at least at this they are responsible and have a legal lowing Beck, I can assure you that section point only unions participate, and a duty to their shareholders to do it. If 304 of McCain-Feingold-Cochran does not this amendment actually works—and I codify Beck. It would gut Beck. third is defined in a circular way which The federal courts and the National Labor means that it probably doesn’t apply to am very skeptical that it does—then Relations Board (‘‘NLRB’’) now both have ju- the kind of disbursements for tele- before this vote, corporate America risdiction over claims of misuse of compul- vision or radio that corporations do. should be descending on this body en sory dues for political and other nonbar- The fourth activity refers only to ex- masse within an hour or so. gaining purposes. The jurisdiction is concur- press advocacy, which unions and cor- Lots of representatives of corporate rent, because such claims are claims for porations can only do through their America oppose this bill now, but if breach of the ‘‘judicially created duty of fair PACs. this bill passes, every corporation in representation’’ owed to workers by their ex- The Senator from Michigan has it America will oppose it. This provision clusive bargaining agents . . . right. He said it is purely paper parity would be a disaster for corporations if The Lawyer goes on: between corporations and unions. What it works in that way. However, section 304 of McCain-Feingold- he said is not only alliterative, it is Aside from the problems with this Cochran would amend section 8 of the NLRA dead right. This amendment is purely amendment that the other speakers expressly to make it an unfair labor practice have very well pointed out, our Beck for a union to ‘‘not to establish and imple- paper parity. ment [an] objection procedure’’ by which Even the President of the United provision addresses the issue of the use of union dues for political purposes. nonmembers compelled to pay dues as a con- States’ principles and desire that we dition of employment can obtain a reduction create a balance between unions and The real problem with this amendment in their dues for ‘‘expenditures supporting corporations are not achieved by the is that this is a poison pill to this bill. political activities unrelated to collective Hatch amendment. It fits the definition of a poison pill to bargaining.’’ I compliment the Senator from Utah a tee. If this amendment to the NLRA becomes for attempting to do this. On its face, If this amendment passes, reform is law, then the courts are likely to hold that the amendment is not as one-sided as dead. I am confident that we will de- Congress intended to oust the courts of juris- feat it despite the herculean efforts of diction to enforce the prohibition on such some that have been offered in the spending.5 That would leave individual work- past. For example, one previous amend- the Senator from Utah to cover cor- porations and unions equally because a ers with no effective means of enforcing ment on this subject said that any their Beck rights, as history union or corporation that charges its sugar-coated poison pill is still a poi- demonstrates... members dues is covered by the provi- son pill. When the sugar wears off, and it will wear off pretty quickly on this Further in the statement the lawyer sion. But, of course, no corporation in points out: America charges dues. amendment, as we have seen, the poi- son underneath will kill this bill. Many Beck cases do not even make it to Nonetheless, let’s be serious. Is there the Board, because the NLRB’s General anybody in this body who really be- It is essential for the sake of this campaign finance reform effort that counsel does not prosecute them vigorously. lieves that this provision will actually According to the National Right to Work work? This amendment supposedly this amendment be tabled. Legal Defense Foundation’s Staff Attorneys, The PRESIDING OFFICER. The Sen- would require every corporation in who have represented most employees who ator from Kentucky. America to get the permission of its have filed Beck charges with the Board, the Mr. MCCONNELL. Mr. President, the shareholders before it spends money for General Counsel has settled many Beck arguments about the mechanics of the charges with no real relief for the charging political activities. That is ludicrous. Hatch amendment are a sham. The Se- employees. The Board’s Regional Directors Corporations have millions of share- curities and Exchange Commission has have refused to issue complaints on and dis- holders. Their identity changes every managed to figure out ways to deter- missed many other charges at the direction day. The Senator from Massachusetts mine who is a shareholder and when, so of the General Counsel. No appeal from a dis- made this very clear—how could you that shareholders can be sent annual missal of a charge is possible, because the General Counsel has ‘‘unreviewable discre- possibly do this? Billions of shares of statements and proxies. Regulators are stock change hands each week—bil- tion to refuse to institute unfair labor prac- quite capable of handling these issues. tice proceedings.’’ ... lions. Apparently, it would be nec- There has been mentioned on the essary to get the permission of every floor, ‘‘the appearance of corruption.’’ The Lawyer continues: shareholder. Let me ask a question. Why does it cre- Thus, by vesting Beck-enforcement author- What about people who own shares in ate the appearance of corruption for a ity in the NLRB, the McCain-Feingold-Coch- ran amendment to the NLRA would leave no corporations through mutual funds? union or citizen group to run an ad How are their rights protected? Actu- real remedy available to objecting employees criticizing our voting records around who wish to bring Beck claims that a union’s ally the amendment says that ‘‘with- election time, such that it justifies reg- spending of compulsory dues or fees, or its out the separate, prior, written vol- ulation under the Snowe-Jeffords lan- objection procedure, breaches the duty of untary authorization of a stockholder, guage that is in the underlying fair representation. it shall be unlawful for any corporation McCain-Feingold bill, but it does not Section 304 of McCain-Feingold-Cochran, if described in this section to use funds create the appearance of corruption of it becomes law, would legislatively overrule from its general treasury for the pur- the process for that same soft money almost 40 years of decisions of the United States Supreme Court concerning what pose of political activity.’’ So perhaps from advocacy groups and unions to be this provision only requires corpora- union activities objecting nonmembers may used for phone banks, leaflets, mail- be compelled to subsidize . . . tions to get the permission of one ings, and other things designed to criti- stockholder. Far from codifying Beck, this under- cize candidates and influence elec- lying bill basically neutralizes Beck. But if that is what it means, if it tions? does not apply to billions of stock- This is absurd. Remember when you Section 304 of McCain-Feingold-Cochran purports to limit the use of compulsory holders, which would be unworkable, hear the words ‘‘poison pill,’’ you know and only requires the consent of one union dues and fees. In fact, it is craftily it is an amendment that may have drafted to overrule the Supreme court’s in- stockholder, it would be a sham like some impact on organized labor. terpretation of the federal labor laws and the earlier proposals. It has been suggested by the sponsors sanction the use, now prohibited, of compul- I take the Senator from Utah at his and others that the Beck decision, sory dues and fees for a broad range of polit- word, that he is trying to be even- which of course applied to nonunion ical, ideological and other non-bargaining handed, trying to cover unions and cor- members working in union shops, was purposes. porations equally. But if his proposal codified in the underlying McCain- Section 304 effectively would overrule the Court’s decisions in Ellis and Beck for em- actually works, the Senator from Utah Feingold bill. has singlehandedly rewritten the law of ployees forced under the NLRA to pay union I have a statement from the lawyer dues and fees to keep their jobs, because sec- corporations in this amendment. Cor- who represented Mr. Beck in that case, tion 304 does not prohibit the use of compul- porate shareholders generally have lit- dated January 30 of this year. He said: sory dues for all activities unnecessary to tle ability to influence corporate pol- I have reviewed section 304. As one of the the performance of a union’s duties as the icy and practices. The officers and di- attorneys for the nonmembers in Beck, and exclusive bargaining agent for the objecting

VerDate 21-MAR-2001 02:55 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.123 pfrm03 PsN: S21PT1 S2648 CONGRESSIONAL RECORD — SENATE March 21, 2001 employees’ bargaining unit. Rather, section selves, a subject we should debate sepa- We all know union members elect 304 prohibits the use of compulsory union rately. their own leaders, and they set their dues only for ‘‘political activities unrelated I ask those who are proponents of own dues. Not every member of the to collective bargaining.’’ Section 304, if en- this amendment if their goal is not to union is satisfied with the election. In acted, thus would permit the use of compul- sory funds for union organizing, litigation kill the underlying bill, they should almost every vote we take here not not concerning the nonmembers’ bargaining then withdraw the amendment and every Member is satisfied with the out- unit, and the portions of union publications move it forward in the appropriate come of the vote. that discuss those subjects, uses now prohib- committees as part of corporate gov- If the union wants to change leaders ited under Ellis and Beck. ernance and governance of labor and lower their dues to foreclose polit- Even worse, section 304 would repudiate unions. ical expression, they are, of course, free the 1961 decision in Street that no political Let us be clear about the actual sub- to do so. and ideological activities may be subsidized stance. It is, as many have already said That they have not done that on the with compulsory dues and fees. Section 304 would not prohibit the use of compulsory on other occasions, ‘‘paycheck decep- whole is an indication that members’ funds for all political activities, but only tion’’ to claim that union members get free speech rights are not being vio- ‘‘political activities unrelated to collective railroaded into paying for speech with lated in the wholesale way alleged by bargaining,’’ which it defines as only ‘‘ex- which they disagree. our friends on the other side. penditures in connection with a Federal, In reality, all of us know people are Now, the sponsor of this amendment State, or local election or in connection with not forced to join unions. Unions are has commendably made the attempt— efforts to influence legislation unrelated to voluntary associations that members unlike some past versions of this—to collective bargaining.’’ (Emphasis added.) are free to quit the second they dis- include at least publicly held corpora- This definition would not prohibit the use of agree with the union’s political activi- compulsory dues and fees for political party tions. activities not in connection with an election, ties. For one thing, I do not hear the lobbying on judicial and executive branch That is the essential freedom. If the venom directed at publicly held cor- appointments, campaigning for and against freedom went any further, we would porations that make decisions and ballot propositions, and publications and have no voluntary organizations in spend their money on ads when certain public relations activities on political and America, and we probably wouldn’t shareholders disagree with those deci- ideological issues not directed to specific have a democracy. sions. Shareholders can go to the cor- legislation. Moreover, because most legisla- To say that people are coerced by an porate meeting, voice their objections, tion on which unions lobby could be said to organization that they can quit at any and they probably have even less be ‘‘related to collective bargaining,’’ the McCain-Feingold amendment would effec- moment because they do not get the chance as an individual union member tively prohibit the use of compulsory dues majority vote, there would be strong of changing things. and fees only for and against candidates for objection to any legislative body, in- We do not hear that kind of vehe- public office . . . cluding this one, as there would be to mence and even venom. But the argu- Mr. President, you get the drift. Beck unions. ment for union democracy is probably is effectively repealed by the under- Even those who quit, of course, would greater than that of corporate democ- lying McCain-Feingold legislation. be represented by the union by paying racy. I do not know how many more speak- agency fees. Shares in corporations are alienable ers we have. For that reason, the first amendment and change hands in virtually instanta- How much time do I have remaining? argument advanced by the proponents neous transactions millions of times The PRESIDING OFFICER. Eight of this amendment is, quite frankly, a each day. minutes. The other side has 29 minutes. red herring. To pretend that shareholders who Mr. MCCONNELL. I reserve the re- There are people in this country and buy and sell their shares so readily are mainder of my time. in this body who just do not like analogous to members for the purpose Mr. DODD. Mr. President, I yield 5 unions. So they argue with the struc- of consenting to political speech is just minutes to the distinguished Senator ture of the union, and the very same not a serious argument. from New York. structure of an organization that they That is why it just isn’t workable to How much time remains for the oppo- like, they don’t argue with at all. try to include corporations, and why, nents? The first amendment rights of mem- my colleagues, this is just an anti- The PRESIDING OFFICER. The op- bers are not transgressed when unions union measure from start to finish that ponents have 29 minutes remaining. engage in political activity because should be debated in the Health, Edu- The PRESIDING OFFICER. The Sen- they chose to associate themselves cation and Labor Committee and put ator from New York. with the speech. It’s that simple. to its proper death. Mr. SCHUMER. Mr. President, I Moreover, unions are democratic or- Incidentally, also, other associations thank the Senator from Connecticut. ganizations. similar to labor unions, such as the Mr. President, I rise to oppose the Our friends on the other side of the Chamber of Commerce, aren’t covered amendment of my friend Senator aisle would have you believe that union by this amendment. HATCH on so-called ‘‘paycheck protec- bosses are making unilateral decisions In sum, I urge Members to vote tion.’’ in smoke-filled rooms that flout the against this amendment and see it for All of us know the purpose of this will of their members and stifle their what it is—a poison pill that has noth- amendment. It is, quite simply, to kill first amendment rights. ing to do with union members’ rights McCain-Feingold, pure and simple. That very argument has been made but everything to do with defeating The proponents of this amendment by Communists and fascists about this campaign finance reform. won’t vote in favor of McCain-Fein- body and about our democracy. They I thank my colleague and yield back gold. They just want to diminish the vote. They set their own dues. Not ev- the time I may have remaining. number of Democrats voting for erybody gets his or her way because a Mr. DODD. Mr. President, I know my McCain-Feingold and thereby have it majority vote prevails. colleague from Oklahoma wishes to be fail. It makes no sense to castigate unions heard. I want to take a couple of min- In reality, the actual reason for this for engaging in the same majority rule utes. I will be glad to give him what- amendment is simply to end campaign upon which our country is founded. I ever time he needs. I would like to re- finance reform as we know it today. argue that the reason we hear this ar- serve 4 minutes at the end of the de- If the proponents of this amendment gument is not because of any greater bate. wanted to move the issue forward, they devotion to democracy but because of How much time remains? wouldn’t do it as part of campaign fi- dislike and even hatred of unions. How The PRESIDING OFFICER. A little nance because this amendment has ab- dare these union organizations force over 21 minutes. solutely nothing to do with campaign employers to pay more than the em- Mr. DODD. I will take about 5 min- finance. ployer wants to pay. But, my col- utes. My colleague from Oklahoma This amendment is about the way leagues, that argument went out if not wants 5 or so minutes, if he would like, unions and corporations govern them- in the 1890s, in the 1930s. and others may show up. I would like

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.019 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2649 to reserve the last 4 minutes to share functions. Despite, again, what my col- currently crafted, it is unworkable— some of that time with my colleague leagues have said, there are 21 States and even if it were well crafted—I from Kentucky, if he needs it, or any- in this country where people who are think this is fundamentally a step in one else who may come over. nonunion members still get the bene- the wrong direction and does not fur- Senator SCHUMER from New York fits of what unions are collectively ther the overall goals of this bill. made a very compelling and sound ar- able to bargain for. Nonunion members My colleague from New York said it gument against this amendment. get a free ride on the coattails of col- well. If corporate America thought this First of all, I know it is something lective bargaining agreements in 21 amendment was going to be adopted, it Members do with great frequency. If States in this country. would be banging down the Senate you read this amendment, it is terribly Further, there are laws in place to doors. The idea that they should be complicated. It almost seems to be a ensure that nonmembers in the 29 free- treated exactly like unions is not flawed amendment. I get the thrust of bargaining States can confine their something that corporate America what I think the Senator from Utah payments to what is directly related to would welcome. wants to do, but I am not sure, even if collective bargaining, contract admin- Here make no mistake, again there it were adopted, it achieves the results istration. That is in 29 States in this appears to be a lot of animosity here, a that he desires with the language he country. lot of venom, a lot of anger over the has crafted. It is rather complicated. In There have been a bunch of different fact that organized labor fights on be- fact, the modification that the Senator States that have tried to do what the half of their people. They fight for a from Utah made may even complicate Senator from Utah wants to do. Every Patients’ Bill of Rights. They fight for it further, as I read it. one of these States rejected it. Only prescription drug benefits. They fight Just on a first blush, if you look at one has it—ironically, the State of for a minimum wage increase. They this, the amendment itself probably Utah—and that State has not made a fight to improve the quality of edu- should be recrafted in a way. So it determination yet as to whether or not cation. Make no mistake, there are ought to be rejected merely on tech- this paycheck deception, as I call it, is people who disagree with them. And nical grounds. going to become the law of the land. they wish the unions would just be Even for those who may support what Our colleagues in the State legisla- quiet and go away and stop speaking he wants to do, I do not believe this tive bodies have rejected this. The out on these issues and stop getting amendment does what the author courts have rejected this as being un- themselves involved in the political claims. For those of us who disagree constitutional as well. life of America. I appreciate their de- with the intent of the amendment, Unions are the only member organi- sire to have that occur, but that is not there are deeper reasons why this zations that have to give their mem- right. It is not how America functions. amendment ought to be rejected. First, bers the option of receiving all the eco- It is not what we ought to codify as there is no parity. That is what my col- nomic benefits of membership whether new law. league from New York was suggesting. they are actually members. So whether Whatever else one thinks about Whether people like unions or not, one likes unions or does not like them, McCain-Feingold—and despite the fact they are democratic institutions. there is a fundamental difference. To I agree with my colleague from Wis- There are laws which govern how union suggest somehow we are going to consin, if this amendment were adopt- officials are elected. They may not al- achieve parity, that is not the case. ed, it would virtually act as a ‘‘poison ways perfect elections. There have been On the issue of shareholders, despite pill’’ and kill this bill. To the extent some highly flawed elections. Re- the fact there has been a tremendous people are interested in campaign fi- cently, we went through one nationally and healthy explosion of involvement nance reform, the adoption of this where there was great controversy of by average citizens purchasing stocks amendment would, for all practical one particular international union. in America in the last 10 years—While purposes, destroy the fine effort that Members of that union protested loud- I do not have the exact percentage has been waged by the Senator from ly over how that election was con- today of Americans who own stock, Arizona and the Senator from Wis- ducted. own a piece of equity in American busi- consin to achieve campaign finance re- But, fundamentally, they are demo- ness, I would estimate it to be approxi- form. cratic institutions where the members mately around 70 percent. It is a won- If this amendment were adopted, get to decide a number of things. They derful, new statistic in terms of peo- aside from that issue, it would be a decide whether or not to form a union. ple’s participation economically in major setback, in my view, for millions They decide who their officials will be their own independence. But a substan- and millions of working people in this by secret ballot. They have rights to tial part of stock that has been pur- country who want their voices heard, access of information about union fi- chased is purchased through mutual want the issues they care about to be nances and operations. Under the law, funds. There are individual buyers, but on the table when politics is being dis- they are required to have that access. a lot of it is done through large inves- cussed and candidacies are being de- Union rules are applied on an equal tors or larger conglomerates, if you cided. basis. Now, there are problems that will. For those reasons, and others occur in the breach, but the law re- However, when you start breaking brought up today, I respectfully say to quires it. this out and start to decide how a my friend from Utah that this amend- If you change the word from ‘‘union’’ shareholder would vote on whether or ment would be more properly with- to ‘‘corporation,’’ the workers in a cor- not corporate funds ought to be used drawn for the reasons I said at the very poration do not have the right to orga- for political activities—I do not think I outset of the discussion. Notwith- nize themselves per se. They do not have to say much more—you are enter- standing all of the above, the amend- elect their officials, the management ing a morass of problems on how you ment ought to be defeated. And I urge team. Access to information of fi- divide the percentages of corporate eq- my colleagues to do so when the vote nances is not legally required to be uity based on a corporation’s political occurs. made available to all the employees. involvement. You are literally putting With that, I yield the floor. The rules apply differently than from a sign around almost every corpora- The PRESIDING OFFICER. The Sen- unions. Corporations are hierarchical tion’s neck saying: Indict me. Because ator from Oklahoma. structures. They could not function I do not know how you do it without Mr. NICKLES. Mr. President, it is otherwise. I am not suggesting it ought getting yourself into trouble. with some regret I rise in opposition to to be, but to suggest that unions and It seems to me, this bill is a step in this amendment. I tell my friend and corporations are sort of parallel orga- the wrong direction. In a bill where we colleague from Connecticut, I happen nizations is to fly in the face of factu- are trying to reduce the amount of to agree with him on the portions of ally what exists. money, the proliferation of soft-money his debate alluding to the corporate So there is a significant difference dollars, in politics, to try, all of a sud- side of this, trying to say that stock- between how a union is organized, how den, to engage in a debate that is un- holders would give approval—for the it functions, and how a corporation workable, and as the amendment is information of the Parliamentarian, I

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.128 pfrm03 PsN: S21PT1 S2650 CONGRESSIONAL RECORD — SENATE March 21, 2001 am on the time of the Senator from No one should be compelled to con- don’t think so. Organized labor forcibly Connecticut. I see the Parliamentarian tribute to a campaign in the year 2001 confiscates hundreds of millions of dol- is having a hard time deciphering that. in the United States. Yet we have mil- lars for political purposes. Organized I am not often on the side of my friend lions of Americans who are given no labor put in at least $300 to $500 million from Connecticut, but at this time I choice. Some people have said this is a in the last campaign cycle. That is a will use his 5 minutes. killer amendment, that it is a poison lot of money. Let them participate, but Mr. DODD. Mr. President, I hope the pill to kill the bill. I disagree whole- it just should all be done with vol- world notes and records this moment. I heartedly. I was a principal sponsor of untary campaign contributions. thank my colleague. that original paycheck protection Likewise, if businesses are raising The PRESIDING OFFICER. For the amendment. I still am. I believe very money for political action committees, record, the Senator from Connecticut strongly no one should be compelled to that should all be done on a voluntary wants to be notified when there are 4 contribute to a campaign against their basis. Nobody should be compelled to minutes remaining? will, period. We want to encourage par- contribute to a campaign in the year Mr. DODD. I think my colleague said ticipation. We don’t want to mandate 2001. he needs 5 minutes. I will give him 10 it. We don’t want to take money away I hope we will have a chance to vote minutes. If he uses less, let me know. from an individual, use it in a way they on paycheck protection, voluntary The PRESIDING OFFICER. There don’t like, and then say: If you want campaign contributions for all Ameri- are 12 minutes left. to, you might file for a refund. cans. I do believe that the language Mr. DODD. Better make it 8. That is the Beck decision. I think we that deals with the corporate side of Mr. NICKLES. I will do that. should strike the Beck provision. I this is not workable and does not have Mr. President, I mention to my agree entirely with the Senator from anything to do with voluntary cam- friend from Connecticut, I happen to Kentucky. The Beck provision in the paign contributions. I say that with agree with him. The corporate side of underlying bill is a fraud. It should not great regret because I have the great- this would not work. I read the lan- be in there. It doesn’t protect workers; est respect for my colleague from Utah. guage. It is the second time today I it doesn’t codify Beck. It dilutes it, if I also want to address one other issue have read the language. The other time it does not totally eviscerate it. It very quickly. That is the issue with I read the language was in relation to needs to be deleted. We will wrestle Beck. My friend from Kentucky men- the amendment dealing with broad- with that amendment later. I don’t tioned that the Beck language in the casting. want to confuse the two. underlying bill needs to be taken out. I All of a sudden we are giving gifts to Paycheck protection is important. It agree wholeheartedly. I hope we will politicians to the tune of—if you are is important for those millions of have bipartisan support. People who from a large State, such as New York, workers in 29 States that are compelled said they wanted to codify the Beck de- New Jersey, or California, the previous to join a union. If they object to the cision, this does not codify it, it amendment gave a gift to politicians in union and resign their membership in changes it, changes it dramatically. To the millions of dollars. And that was in the union, they still have to pay agen- me, that is not right. I don’t think it is the language. The language in this cy fees. Agency fees can be in excess of right for us to say verbally it codifies amendment, regretfully—I have the $20 a month. Much of that money, Beck when it takes worker protections greatest respect for my colleague from maybe half, maybe more, is used for and actually guts the Beck decision. I Utah, but I do not think the corporate political purposes against their will. hope that at a later point, not to con- side is workable. Those hard earned dollars may be used fuse it with this amendment, but at a I heard people say: We want to have for political purposes maybe they don’t voluntary campaign contributions that later point my colleagues will join agree with, money that goes to can- those of us who would like to see that should apply to the unions and busi- didates campaigning against a tax cut, nesses. But no one is compelled to be a language removed from the underlying maybe campaigning to take away their bill. stockholder. right to own firearms, maybe very lib- I thank my friend and colleague from My friend from Connecticut men- eral positions with which they don’t Connecticut for the time and also my tioned, you may happen to own a mu- agree. tual fund. This is absolutely impossible You might ask: Where did Paycheck friend and colleague from Kentucky to enforce. But I also say there is a big Protection come from? I began this who I think has handled this bill quite difference between stockholders and fight because an American Airlines well. employees. And the reason why we union member came up to me and said The PRESIDING OFFICER. There called the original one paycheck pro- that his money was being used for po- are 7 minutes 23 seconds remaining for tection is because unions are actually litical purposes that he was against it, the proponents, and 6 and a half min- taking money away from individuals totally, and he couldn’t do anything utes for the opponents. on a monthly basis many times to the about it. I told him I would try to help The Senator from Kentucky. tune of $20 or $30 a month, and in 29 him. I told him I will try to pass legis- Mr. MCCONNELL. Before the Senator States, in many cases, taking away lation to have voluntary campaign con- from Oklahoma leaves the floor, I want that money without their approval. Oh, tributions for everybody in America. him to know he has our great admira- they may not join the union, but they That shouldn’t be too much to ask for. tion. He is the one who thought of pay- still have to pay agency dues, agency That is the genesis of paycheck protec- check protection. He outlined the his- fees. tion. tory of it a few moments ago. I under- A lot of that money is used for polit- I hope maybe we will have a chance stand we will not have his vote on this ical purposes. That part of the amend- to vote on that. I hope we will find out, offering because, as he knows, we were ment I happen to agree with whole- are people really for voluntary cam- trying to meet the objections of some heartedly. That is the amendment I paign contributions. Unfortunately, of those on the other side who have wish we were voting on, not this one the amendment we have before us does said for years: You ought to apply it to that confuses corporate, where you much more than make a campaign con- corporations as well as unions. We did have to get shareholders’ approval, who tributions voluntary. So maybe at a that. It looks as though we are not voluntarily purchase stock, because later point in the debate—we still have going to get any of their votes anyway. that is not workable. a week and a half left—maybe we can I do credit the Senator from Okla- It is workable to say, before you take vote on voluntary campaign contribu- homa. This is his piece of work origi- money out of a worker’s paycheck to tions. That is this Senator’s purpose. nally. I hope at some point in the de- the tune of $25 a month, if that indi- For someone to say this is a poison bate he will offer the amendment with- vidual does not want their money to be pill because organized labor doesn’t out the corporate provision. I certainly used—maybe $5, $10, $15 a month—for want it is nonsense, do we should just would vote for it. I think many Mem- political purposes, they should have a give a special interest a blank check— bers would. It deals with a very real veto. They should be able to say: No, do we let them veto anything that we problem in the American political sys- don’t take my money. present on the floor of the Senate? I tem.

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.131 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2651 I think we are essentially through AMENDMENT NO. 136 ‘‘(D) Voter registration drives, State and with the debate, I say to my friend Mr. HATCH. I send an amendment to precinct organizing on behalf of candidates from Connecticut. the desk. and committees of political parties, and get- Mr. DODD. If my colleague will yield, The PRESIDING OFFICER. The out-the-vote campaigns. we are prepared to yield back whatever ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For clerk will report the amendment. each of the categories of information de- time we have remaining. If that would The assistant legislative clerk read scribed in a subparagraph of paragraph (1), be the case, then I think a motion to as follows: the report shall identify the candidate for table would be made, and we could The Senator from Utah [Mr. HATCH] pro- public office on whose behalf disbursements move on. poses an amendment numbered 136. were made or the political cause or purpose Mr. MCCONNELL. I yield back the Mr. HATCH. I ask unanimous consent for which the disbursements were made. time on this side. reading of the amendment be dispensed ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— The report under subsection (a) shall also Mr. DODD. I yield back our time as with. well. list all contributions or expenditures made Mr. KENNEDY. Reserving the right by separated segregated funds established The PRESIDING OFFICER. Without to object—I don’t intend to object— objection, it is so ordered. and maintained by each labor organization does the Senator have copies of the or corporation. The Senator from Arizona. amendment? ‘‘(c) TIME TO MAKE REPORTS.—A report re- Mr. MCCAIN. Mr. President, I move Mr. HATCH. I understand your side quired under subsection (a) shall be sub- to table amendment No. 134, and I ask has copies. mitted not later than January 30 of the year for the yeas and nays. Mr. DODD. I say to my colleague, beginning after the end of the election cycle The PRESIDING OFFICER. Is there a there is a copy we can get. that is the subject of the report. sufficient second? ‘‘(d) DEFINITIONS.—In this section: Mr. KENNEDY. I have a copy. There appears to be a sufficient sec- ‘‘(1) ELECTION CYCLE.—The term ‘election The PRESIDING OFFICER. Is there ond. The clerk will call the roll. cycle’ means, with respect to an election, the The legislative clerk called the roll. objection to the dispensing of the read- period beginning on the day after the date of The result was announced—yeas 69, ing of the amendment? the previous general election for Federal of- nays 31, as follows: Without objection, it is so ordered. fice and ending on the date of the next gen- The amendment is as follows: eral election for Federal office. [Rollcall Vote No. 43 Leg.] (Purpose: To add a provision to require dis- ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- YEAS—69 closure to shareholders and members re- ical activity’ means— Akaka Domenici Levin garding use of funds for political activi- ‘‘(A) voter registration activity; Baucus Dorgan Lieberman ties) ‘‘(B) voter identification or get-out-the- Bayh Durbin Lincoln vote activity; On page 37, between lines 14 and 15, and in- Biden Edwards McCain ‘‘(C) a public communication that refers to Bingaman Ensign Mikulski sert the following: Boxer Feingold Miller a clearly identified candidate for Federal of- SEC. 305. DISCLOSURE OF DISBURSEMENTS OF fice and that expressly advocates support for Breaux Feinstein Murray UNION DUES, FEES, AND ASSESS- Byrd Fitzgerald Nelson (FL) MENTS OR CORPORATE FUNDS FOR or opposition to a candidate for Federal of- Campbell Graham Nelson (NE) POLITICAL ACTIVITIES. fice; and Cantwell Hagel Nickles Title III of the Federal Election Campaign ‘‘(D) disbursements for television or radio Carnahan Harkin Reed Act of 1971 (2 U.S.C. 431 et seq.) is amended broadcast time, print advertising, or polling Carper Hollings Reid for political activities.’’ Chafee Hutchinson Rockefeller by inserting after section 304 the following: Cleland Hutchison Sarbanes ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF Mr. HATCH. Mr. President, this Clinton Inhofe Schumer UNION DUES, FEES, AND ASSESS- amendment is simple, and straight- Cochran Inouye Snowe MENTS OR CORPORATE FUNDS FOR Collins Jeffords Specter POLITICAL ACTIVITIES. forward. It does not attempt to codify Conrad Johnson Stabenow ‘‘(a) IN GENERAL.—Any corporation or the Beck case that we debate year- Corzine Kennedy Stevens labor organization (including a separate seg- after-year on the Senate floor. There is Daschle Kerry Thompson nothing complex or legalistic about it. Dayton Kohl Torricelli regated fund established and maintained by DeWine Landrieu Wellstone such entity) that makes a disbursement for Frankly, like the section 527 bill we Dodd Leahy Wyden political activity or a contribution or ex- passed last year, we simply require dis- penditure during an election cycle shall sub- NAYS—31 closure. mit a written report for such cycle— This is a modest measure of funda- Allard Gramm Santorum ‘‘(1) in the case of a corporation, to each of Allen Grassley Sessions its shareholders; and mental fairness. It is a simple right-to- Bennett Gregg Shelby ‘‘(2) in the case of a labor organization, to know amendment. The right of Amer- Bond Hatch Smith (NH) ican workers and shareholders who pay Brownback Helms Smith (OR) each employee within the labor organiza- Bunning Kyl Thomas tion’s bargaining unit or units; dues and fees to unions and corpora- Burns Lott Thurmond disclosing the portion of the labor organiza- tions that represent them, to know Craig Lugar Voinovich tion’s income from dues, fees, and assess- how their money is being spent for cer- Crapo McConnell Warner ments or the corporation’s funds that was Enzi Murkowski tain political purposes, causes, and ac- Frist Roberts expended directly or indirectly for political tivities. It does nothing more than re- activities, contributions, and expenditures This motion was agreed to. quire a report by labor organizations during such election cycle. and corporations to be given to the Mr. DODD. I move to reconsider the ‘‘(b) CONTENTS.— vote by which the motion was agreed ‘‘(1) IN GENERAL.—The report submitted shareholders and workers represented to. under subsection (a) shall disclose informa- by unions. This shows how much of Mr. MCCONNELL. I move to lay that tion regarding the dues, fees, and assess- their money is being spent in the polit- motion on the table. ments spent at each level of the labor orga- ical process. The motion to lay on the table was nization and by each international, national, As we all know, part of the debate agreed to. State, and local component or council, and here has been the use of these types of each affiliate of the labor organization and Mr. MCCONNELL. I ask unanimous money that never have to, because of information on funds of a corporation spent the loophole in the Federal election consent, following the debate tonight by each subsidiary of such corporation show- on the pending Hatch amendment, the ing the amount of dues, fees, and assess- laws, be seen on the reports or be re- Senate then resume consideration of ments or corporate funds disbursed in the ported by those who received benefits the amendment beginning at 9 o’clock following categories: from union expenditures. in the morning, and there be 30 min- ‘‘(A) Direct activities, such as cash con- I have to say this amendment does utes of debate remaining, equally di- tributions to candidates and committees of not impose overly burdensome or oner- vided, in the usual form. Finally, I ask political parties. ous requirements on corporations or consent that following the use or yield- ‘‘(B) Internal and external communications unions. This is basic information, and relating to specific candidates, political it should be freely provided. ing back of time, the Senate proceed to causes, and committees of political parties. a vote on or in relation to the amend- ‘‘(C) Internal disbursements by the labor I cannot believe that either union or ment. organization or corporation to maintain, op- corporate leadership has a legitimate The PRESIDING OFFICER. Without erate, and solicit contributions for a sepa- interest in keeping secret what polit- objection, it is so ordered. rate segregated fund. ical causes and activities employee

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.133 pfrm03 PsN: S21PT1 S2652 CONGRESSIONAL RECORD — SENATE March 21, 2001 dues, fees, or earnings are being spent Mr. DODD. Mr. President, does my The Senator from Massachusetts? to support. If employees or share- colleague from Arizona wish to be Mr. KENNEDY. Mr. President, with holders learn how their money is being heard on this? all respect to my friend and colleague spent in the political process, unions Mr. MCCAIN. I would like 3 minutes. from Utah, this really is no improve- and corporations will enjoy an even Mr. DODD. I yield 3 minutes to the ment over the earlier amendment. In greater confidence level in their deci- distinguished Senator from Arizona. many respects, it just continues the sionmaking. Mr. MCCAIN. Mr. President, I thank differentiation by which different On the other hand, if employees and Senator HATCH for an effort to do what groups are being treated, not just the shareholders might not like what they all of us agree is a fundamental of any corporations and unions but other see, is that any reason they should not campaign finance reform, and that is groups as well. see it? Is it too onerous? No. After the full and complete disclosure. I regret Again, I know my friend talked about numerous paperwork burdens that this having to point out my opposition to the drafting. He doesn’t need any lec- Congress has freely imposed on small this amendment because it is my un- tures from me. But I am confused be- businesses and all taxpaying citizens, derstanding this full disclosure of po- cause the amendment is very unclear. how can any of us object to ensuring litical activity of both business and It says, for example, that ‘‘political ac- that workers, teachers, janitors, elec- labor is defined in the basic bill under tivities’’ must be reported. If you look tricians, and others are informed about section (2) Political Activity, which on page 5 it has ‘‘political activity’’ de- how their dues are being spent on the says: fined. If you go to the term ‘‘political most fundamental of all American ac- The term ‘‘political activity’’ means—(A) activity,’’ it means, if you go to line 19, tivities, the political process? voter registration activity; (B) voter identi- ‘‘political activity.’’ fication or get-out-the-vote activity; (C) a So you have political activity being I doubt anyone would suggest that public communication that refers to a fairly unions, even at the local level, do not defined as political activity. It is really identified candidate for Federal office and quite difficult to understand. keep these records anyway. How else that expressly advocates support for or oppo- can an organization that represents sition to a candidate for Federal office; and We all know at the present time that employees be effective and account- [finally] (D) disbursement for television or unions are subject to substantial re- able, if it does not even know how the radio broadcast time, print advertising or porting and disclosure requirements. I dues and fees collected from the em- polling for political activities. have in my hand the disclosure require- ployees it represents are being ex- The way I read this is most of these ments. They are extensive. Unions pended? activities are conducted by labor have to disclose PAC funds, all pay- Should we have the same require- unions and only one by corporations. ments for express advocacy, and de- ments also be applied to corporations So we have an imbalance here on re- tailed financial information. This goes that give this type of information to quirements for disclosure. far beyond what corporations today are their shareholders? There is not the There are many other things that are required to report. same problem there, but why not, if done by businesses and corporations It is publicly available. For any of that is what my colleagues think is that need to be disclosed as well, in my those who have a viewpoint that is the fair? My amendment therefore covers view. Very few corporate activities are same as that of the Senator from Utah, not only labor unions but also corpora- involved in voter registration activi- they can just go down to the Labor De- tions for this simple disclosure require- ties. Of course, unions are. The same partment where all these reports are ment. thing holds for voter identification or on file. They are available to the pub- lic. This amendment represents only one get-out-the-vote activity. Express ad- The case has not been made about simple, straightforward question: vocacy is clearly not something that is the inadequacy of the information that Should an employee be left in the dark done a lot by businesses, nor is polling. is reported. We have language requir- on how his or her union dues and fees I assure Senator HATCH of the fol- ing additional disclosure in this are being spent in the political process? lowing: We are working with Senator amendment, but there has been no case This amendment is the most modest of SNOWE and with Senator COCHRAN and that the current information is inad- beginning steps we can take to bring Senator COLLINS, and we are trying to equate to reveal what political activi- common sense or reform to our cam- come up with a fair disclosure amend- ties are being supported. paign laws. ment that will give greater disclosure than is presently in the bill but in a I think that doesn’t make a great Finally, let me add one more impor- more fair and balanced way. deal of sense. tant point. Everyone knows that the I will have to oppose this amendment This bill is not only vague, it is bur- corporate world represents share- on the grounds of its imbalance. The densome. As we mentioned earlier, and holders and not individual dues-paying one thing we promised everybody when as Senator HATCH said during our prior members. Everybody knows the cor- we proposed this legislation was we colloquy, corporations would have to porate world does not do the collateral would resist any attempt to pass an send reports to anyone who was a campaign work that the unions do with amendment that would unbalance what shareholder at the time of the expendi- dues-paid money. It is hardly the same we had put forward as a level playing tures. situation. That most likely is the rea- field. This would imbalance that. I be- We have had the chance to do the son why some of my colleagues did not lieve we can have all of those items numbers. Last week alone there were vote for the preceding amendment. fully disclosed, and more, so observers more than 6 billion stockholder trans- But the distinguished Senator from will say this full disclosure, this light, actions just on the New York Stock Massachusetts has in the past raised a will shine on business and unions alike Exchange. fair point. If we include the unions, in an equal manner. Does this mean that if any of the cor- why should we not include the corpora- Having said that, I regret to have to porations that would be included in tions? These are not reporting require- oppose the amendment. I will make a this bill made an expenditure last week ments that are onerous or burdensome. motion to table at the appropriate that all holders of those shares would This amendment is about basic fair- time. have to be notified? The amendment ness, and I hope all my colleagues will I yield the floor. says they would have to be notified of support it. Basically, it allows individ- Mr. KENNEDY. Mr. President, will all expenditures within a 2-year elec- uals that are shareholders or members the Senator from Connecticut yield me tion cycle. That is unwieldy. It is un- of a labor organization the right to 3 minutes? workable. It is enormously bureau- know how their money is spent in the Mr. DODD. I am happy to yield my cratic. It makes no sense at all. American electoral process. colleague 5 minutes. We had a good exchange in the last I think this is a fair amendment, it is I thank my colleague from Arizona debate. Many of us are troubled about a decent amendment, it is fair to both for his comments. We are going to what either my good friend, Senator sides. It just requires simple disclosure. meet in the morning for a half-hour de- HATCH, or others who support this Why not? bate before the final vote on this Hatch amendment have against working fam- I yield the floor. II amendment. I thank my colleague. ilies and the working families’ agenda.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.136 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2653 Working families want an increase in ment, receipt and expenditure in every The PRESIDING OFFICER. The Sen- the minimum wage, a Patients’ Bill of level, including affiliates, and every ator from Utah. Rights, and additional funding in edu- minor tangible office, is not in the spir- Mr. HATCH. Mr. President, I have cation. They want to make sure we it of true disclosure. This is in the spir- listened to these comments about the have a sound and secure national secu- it of discouragement from anyone par- imbalance. McCain-Feingold is bal- rity. They want Medicare and Medicaid ticipating in the process. Everyone ance. It brings balance. Let me give to be enhanced. They want to improve knows we have a hard time getting you an illustration. worker training. They want to invest more people to participate in the proc- McCain-Feingold regulates what in continuing education and workforce ess as it is. unions care about least. Think about training programs. I daresay that kind In last year’s Presidential and con- it. It regulates get out the vote. It reg- of a program would be worthwhile at gressional Federal elections, we had ulates two things: It regulates tele- the present time. This is what their about 50 million who participated out vision advertisement within 60 days. It agenda is all about. of 101 million eligible voters in this regulates radio ads for a candidate— We are probably in some form of eco- country. It seems to me we ought to be not a party—within 60 days of a general nomic crisis. And what we have from doing better and we can do better. We election, or 30 days of a primary. It the administration is a tax bill which lecture the world all the time about does do that. That is technically un- isn’t an economic program; it is a tax how important it is to vote. We like to constitutional on its face. But it does bill that was basically devised over a think of ourselves as an example for do that. Television advertisements and year ago when we had entirely dif- nations that are seeking to establish radio advertisements are all McCain- ferent economic conditions. democratic institutions. Feingold does with regard to what the I think the kinds of investment that It seems to me it is in our collective unions are interested in. These are the working families have advocated in interest to promote that idea, and to two things they care about least. terms of ensuring that we are going to do so by example with an environment What they really care about and invest in training programs, invest in of full disclosure, of fairness, and of eq- what we ought to be concerned about, education, invest in small business, en- uity. if we want fairness, and if we don’t hance research and training, and not But with all due respect to my friend want one side to have an advantage see further cuts in the National from Utah, the adoption of this amend- over the other, McCain-Feingold ought Science Foundation, or other cuts in ment is nothing more than to create to cover all get out the vote activities. the advanced technology program, unnecessary burdens on institutions That is probably one of the most im- makes a good deal of sense. that, frankly, we wish were more ac- portant things in the political process We hope this amendment is not ac- tive in the political life of America. If today, if not the most important thing. cepted. In the earlier debate and dis- they were, then in some sense through Voter identification, McCain-Fein- cussion, we went through these and voter education efforts we might have gold does not do anything about that. other provisions in careful detail. The greater voter participation. Voter registration, nothing. Mass mail- amendment does seem to be one-sided, This amendment, in my view, only ings, nothing. Phone banks, nothing; unfairly targeted, and completely un- adds additional unnecessary burdens to magazine advertisements, newspaper necessary. a process that already discourages too advertisements, outdoor advertising I think the sponsors, Senator FEIN- many people from participating in the and leafleting, polling, volunteer re- GOLD, and Senator MCCAIN, as well as public life of our Nation. For those rea- cruitment and training, union-salaried, Senator DODD and others, have elo- sons, I urge our colleagues when the full-time political operatives. And quently pointed out the kind of balance vote occurs tomorrow to reject this look, I do not have any problem with and protections for the American vot- amendment. that in the sense that unions have a ers that have been included in the I think the provisions included in the right to do whatever they want to do in McCain-Feingold legislation. That was bill drafted by the Senators from Ari- advancing their issues in the political carefully considered. It seems to me zona and Wisconsin very aptly deal process. And I would fight for their that we ought to stay with those pro- with this very question of true disclo- right to do that, as I have in the past. posals. I hope this amendment will not sure and information. They have done But the only people whose rights are be accepted. so in the spirit of seeking to make peo- infringed upon by the McCain-Feingold Mr. DODD. Mr. President, I thank my ple aware of what institutions are bill happen to be the Republican Party colleague from Massachusetts for his doing that involve themselves in the because the unions do all of this for the comments. I think he hit it right on political life of our country. Democratic Party. the head with this. But to add this amendment to the Mr. DODD. Will my colleague yield? I made comments earlier on the pre- McCain-Feingold bill would have the Mr. HATCH. If I could finish making vious amendment offered by my good opposite effect. It would not effectuate my point, and then I will be happy to friend from Utah. He made the point. I what we are trying to achieve. Our yield. understood the intent of what the Sen- goals are to reduce the proliferation of The unions are the principal get-out- ator was trying to achieve. As Senator the money in the political life of our the-vote force in the Democratic NICKLES of Oklahoma, with whom I country and to make it less costly for Party. Keep in mind, 40 percent of don’t normally agree on these matters, people to seek Federal office. union members are Republicans, yet al- properly pointed out, you cannot carry We ought to simultaneously try to most 100 percent of the money that out the intent of the amendment. De- reduce the amount of hurdles, burdens, unions raise helps get out the vote for spite the desire to do so, the language and gauntlets that institutions such as Democrats. That does not seem like a of the amendment, if followed to the corporations and labor unions have to fair process, but that is the way it is. letter of the proposal, or even the spir- presently meet. To add to them, to But that money could only be hard it, creates a tremendously bureaucratic make their involvement even more dif- money to the political parties, mean- nightmare for both corporations and ficult, I don’t think is in anyone’s in- ing they are severely hampered in get- for labor organization. terest, Democrats or Republicans, and ting out the vote. I do not agree that anyone would certainly not in the interest of the No. 2, voter identification. The have an interest to discourage activity American people. unions do that beautifully for Demo- at all. We want to know what is going For those reasons, I frankly urge crats. I do not know of one Republican on. Under current Federal law, labor that the amendment be withdrawn. that a union has worked for to help unions are required to make various But, if it is not going to be withdrawn, identify Republican voters. I am sure records be available and open. The I urge my colleagues with the same ex- there is one or two, but the fact is the records cannot be shielded or hidden. pression that we saw with the previous vast majority—almost 100 percent—of That is in violation of existing Federal Hatch amendment to vote with the their money goes to help Democrats. law. same sense of collective voice on this That is their right. Why aren’t the To suddenly add even more bureau- particular proposal. For those reasons, Democrats scared about what the cratic requirements for every disburse- I urge the rejection of this amendment. McCain-Feingold bill will do to the

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.139 pfrm03 PsN: S21PT1 S2654 CONGRESSIONAL RECORD — SENATE March 21, 2001 Democratic Party? Because the Demo- All my amendment does is require read a report a number of years back— cratic Party does not have to worry disclosure to the union members and I think it was the Congressional Re- about all of this because the unions do corporate shareholders. I am not even search Service, if my recollection it for them? Most of the employees of asking for priority in this area. I am serves me correctly—where they esti- the unions are dues-paid political not asking for any equality with regard mated that the unions spend about a operatives. They are very good, the to all the things the unions do for half billion dollars—that is with a best in the business. I respect them. Democrats that make them not care ‘‘B’’—a half billion dollars every 2 Volunteer registration: The Repub- about the parties not being able to years in local, State, and Federal poli- lican Party has been limited to hard raise soft money. The unions do it all tics. This money is spent on dues-paid dollars—$1,000 a person—in order to get for them, and that is all soft money. political operative activities that out voter registration. The unions do it Now, I had some strong words with never show up in these figures. for the Democrats. And, by the way, my colleague from Massachusetts ear- Let me tell you, I am not against there is not one word in McCain-Fein- lier in this debate, and they were their right to do that. I think they gold to regulate that, or to require the meant in good taste and in good humor should have a right to do that. I re- same requisite on the unions that they as well. But I feel strongly on this spect them. I will fight for their right require on the Republican Party. issue. to do that. The fact that it is all one- The Democratic Party can get by be- This amendment will give ordinary sided, even though 40 percent of union cause the unions will do it for them. workers the opportunity to have a members are Republicans, I can live Even though they have the same rules meaningful voice in how their political with that. But what I cannot live with as the Republican Party, the Repub- contributions are used. I held a union is shutting down the party, the only lican Party does not have a group like card. I understand this. way we can compete, where the unions the union movement doing get out the Organized labor is not a monolithic do all these things for Democrats but vote, voter identification, voter reg- entity, but too often the leadership of nothing for Republicans. The fact is, the Democrats will con- istration, mass mailings, phone banks, these unions act in a monolithic fash- tinue to count on the unions to get out magazine advertisements, newspaper ion when it comes to elections. their vote. But why do we have advertisements, outdoor advertising This amendment tries to level the McCain-Feingold shutting down the and leafleting, polling, volunteer re- playing field for both unions and cor- rights of Republicans to compete to get cruitment and training, and a whole porations. All it requires is disclosure. out the vote, to have voter identifica- Mr. DODD. Will my colleague yield raft of other things, including—— tion, voter registration, mass mailings, Mr. DODD. Will my colleague yield on that point? phone banks, TV advertisements, radio on that point? That is not our fault. Mr. HATCH. Sure. advertisements, magazine advertise- That is your fault. Why don’t you get Mr. DODD. I want to point out, if I ments, newspaper advertisements, out- somebody to organize the voter reg- may, when you talk about the great door advertising and leafleting, poll- advantage that labor has, because it istration and GOTV? ing, volunteer recruitment and train- Mr. HATCH. Wait. The last point I does organize, it does work on voter ing, and full-time political operatives? was making was, and union-salaried, registration, it does work on get out The fact is, this is all done for Demo- full-time political operatives. the vote—— crats. Their party does not have to do You can say that is our fault. Let’s Mr. HATCH. It does all these it. They can live with the hard money assume that is so. The fact is, we do things—— limitation that this bill would impose not have anybody doing that. It is to- Mr. DODD. If I may finish. This is upon them. But the Republican Party tally unregulated. That is the guts of not a liability and it should be ap- would have no soft money. All this is the political process. If we are going to plauded. The fact that corporations do soft money on the unions’ part—all regulate, let’s regulate everybody, not not do that sort of a thing does not working for Democrats, all one sided. just the parties. And the parties them- mean that other organizations should And the Republican Party does not selves ought to be given greater leeway be condemned because they do encour- have the same opportunities. Talk than this bill gives them. age people to participate. about imbalance. The only thing that McCain-Feingold To make one other point regarding Again, let’s go back to what my regulates is the thing that the unions parity, as of October 2000, according to amendment does. My amendment does care about the least; that is, TV adver- the Center for Responsive Politics and not say: Stop that. You members of the tisements and radio advertisements. the Federal Election Commission, the unions are not allowed to do that. It Look, I give a lot of credit to the ratio of ‘‘total’’ contributions from does not say that at all. It does not say Democrats. I give a lot of credit to the corporations versus unions was 15 to 1. you can’t get out the vote for Demo- unions. There is no question that is As of October 2000, corporations had crats, and does not say you can’t do why they won the last election in the contributed more than $841 million dol- voter identification for Democrats. It Senate and had more people elected lars, while unions contributed just over does not say you can’t do voter reg- than Republicans. Because they were $36 million. As of October 2000, the istration for Democrats. It does not getting out the vote like never before. ratio of ‘‘hard money’’ contributions say you can’t do mass mailings or They did voter identification like from corporations versus unions was 14 phone banks or TV advertisements or never before. They did voter registra- to 1. In 1998 and 1996, the ratio was 16 radio advertisements—although for tion. They did mass mailings. And they to 1. Between 1992 and 1998, corporate those two, with the 60-day require- did phone banks. They did TV adver- contributions increased nearly $220 ment, McCain-Feingold does do some- tisements, radio advertisements, maga- million, while union contributions thing; but it is unconstitutional on its zine advertisements, newspaper adver- grew by $12.6 million. No parity in face—it does not say you can’t do mag- tisements, outdoor advertising and these statistics. azine advertisements and newspaper leafleting, polling, volunteer recruit- These ratios and statistics are ac- advertisements and outdoor adver- ment and training, and had union-sala- cording to the Federal Election Com- tising and leafleting and polling, and ried, full-time political operatives all mission. You talk about disparity—16 volunteer recruitment and training. It over this country. That is their right. to 1—every year, I say to my friend does not say you can’t have union-sala- Why do we take all those rights away from Utah. Corporations have massive ried, full-time political operatives—the from the Republican Party? You can’t amounts of money, hard and soft best in the business, all over the coun- just answer by saying that is the Re- money, they are pouring into these try in every State in the Union that publicans’ fault because they are not Federal elections. counts, in every large city that counts. paying the same homage to the unions Mr. HATCH. If I may take back the They can do all of that. that the Democrats do, and I have to floor. I am not arguing against that. All say we are not, in the sense of doing Mr. DODD. Of course you may. It is my amendment says is that they need everything that they want done, be- your time, Senator. to disclose to their members something cause not everything they want done is Mr. HATCH. Nowhere did they count that in this computer age they can do right. these dues-paid political operatives. I without—

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.144 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2655 Mr. DODD. Will my colleague yield? said they didn’t have to do. They are a this amendment is to understand who Mr. HATCH. If I could just finish my legitimate organization. I am not ask- is doing what with what funds to en- comments, something that they can do ing the unions to disclose their mem- gage in political activity during elec- in this computer age without an awful bership lists either, nor am I asking tion cycles, then clearly a lot of the lot of difficulty, and something I be- corporations to disclose their share- other membership groups that raise lieve the corporate world can do with- holder lists, although anybody who and spend tremendous amounts of out an awful lot of difficulty is provide looks at a corporate filing can figure money—two were mentioned, the NRA, disclosure. Tell me what is wrong with that out. the Sierra Club, you can add the Cham- disclosure. To me, that is the only If disclosure requirements applied bers of Commerce, National Right to thing that will make our process more equally to the Sierra Club, to NARAL, Work Foundation, other groups across fair, more honest, more decent. Disclo- and to other groups, disclosure might the political spectrum—— sure helps everyone equally to know not be a bad thing for all of them. I Mr. HATCH. Does the Senator have a how their money is spent. I believe would not be pushing for disclosure of question because I think I have the that everyone should be entitled to members in nonprofit foundations be- right to the floor. know what political speech they are cause the Supreme Court has already Mrs. CLINTON. My question would supporting. Disclosure is what honesty ruled on that. But now we are talking be: In response to the discussion be- and fairness in politics is all about. about real players in the political proc- tween the Senators on this issue, how Why would anyone fight against disclo- ess, not peripheral organizations. The can we impose undue burdens on only sure? fact is, many members of the NRA are unions as compared to corporations Fairness is all I am asking for. I am Democrats. They are just offended by and completely leave out of the Sen- not asking to stop any of this. It has some of the phony demagoging that ator’s concerns all of these membership been admitted basically that unions do has been done about guns through the groups that raise tremendous amounts the work for the Democratic Party. years. They are tough on crime. That of money, are on the front lines of our Mr. DODD. Will the Senator yield? is another debate. political campaigns, have a direct in- Mr. HATCH. They basically help the With regard to the right-to-life com- fluence on how voters vote, and yet are Democratic Party, and they will con- munity, I have to admit that they sup- in no way covered by the Senator’s tinue to have the right to. port both sides, but they support peo- amendment? Mr. DODD. Should we have with all ple who are pro-life, just as the pro- Mr. HATCH. Let me answer the ques- these independent 501(c)(4)s, the Na- choice groups support the people who tion. The fact is, we are equal with re- tional Right to Life groups, the Chris- are pro-choice on both sides. gard to both corporations and unions. tian Coalition, the National Rifle Asso- Mrs. CLINTON. Will the Senator We don’t include any ideological ciation, should there be full disclosure yield on this point? groups because when you give to the of every member, including all their Mr. HATCH. I am happy to. Sierra Club, you know the causes they disbursements, contributions, and ex- Mrs. CLINTON. My good friend from advocate. You have a right to give. You penditures? Does my colleague support Connecticut raised an issue that trou- are not forced or compelled to con- that? bles me about this proposed amend- tribute to these organizations. But Mr. HATCH. You can’t compare those ment that the distinguished Senator when people join unions or are forced to the unions. from Utah has put forth. to join unions because of the laws that Mr. DODD. Would you agree? In addition to the issues that Senator we have, they are forced to pay fees to Mr. HATCH. I would like to answer. KENNEDY and Senator DODD have raised unions. Most of the union members The National Rifle Association is made about the vagueness and definitional probably don’t know what the union up primarily of blue-collar Democrats. concerns raised in the amendment, this dues are used for, especially with re- In all honesty, that is why there hasn’t particular issue is the real heart of the gard to politics or things such as an ef- been a lot of mouthing about parity problem that many of us have fort in 1996 to legalize marijuana in gunslinging because Al Gore found in with this amendment. California, for instance. The Teamsters the last election that he had offended It reminds me of the old Anatole contributed $195,000 to that effort in an awful lot of Democrats. I think that France saying: The law is fair; neither union dues to support that effort. How is why he lost West Virginia. the rich nor the poor can sleep under many working families want their Mr. DODD. Should we have full dis- the bridge. What we have is an amend- hard-earned money to be used for mari- closure? ment that in its practice not only juana legalization? I think that they Mr. HATCH. Not of members, but would fall disproportionately on unions have a right to know this kind of infor- only of expenditures. as compared to corporations but which, mation. Mr. DODD. Why not of members? under the rationale put forward by it, Disclosing expenditures is constitu- Mr. HATCH. Because then you get completely leaves out other member- tionally different from disclosing con- into the NAACP, and we have already ship groups, as the Senator from Con- tributors to ideological groups which had the Supreme Court say that is un- necticut so rightly points out. the Supreme Court has said we should constitutional. The burdensome reporting require- not do. Disclosing expenditures does Mr. DODD. Should we know who are ments that are imposed under this not implicate free association. It is im- making the contributions to these or- amendment on unions in particular are portant to differentiate between ex- ganizations that are out every day with really much more difficult to comply penditures and contributors. The dif- such activities as get out the vote, with than if they would be in a cor- ference is, union members are forced to voter registration, voter information, poration. As I understand the amend- pay dues. and mailings? You talk about full dis- ment, corporations would be required Mr. DODD. If my colleague will yield, closure, why not full disclosure on to report only on expenditures from we disagree so fundamentally on that. these organizations? their own general treasuries and from Mr. HATCH. Let me restate that. Mr. HATCH. The Supreme Court has the general treasuries of their subsidi- Mr. DODD. That is not true. ruled in cases that you cannot require aries. However, unions would be re- Mr. HATCH. It is true in nonright-to- disclosure of membership lists. I don’t quired to report on the expenditures work States. People are forced to join personally have much problem with from all of their affiliates, which would the union and forced to pay dues. They disclosure of moneys that have been mean that a local union would be re- don’t have to stay in the union, I agree. put into the process, but not the quired to report on expenditures by a They can quit if they give up their names. national union, and vice versa, even jobs. Mr. DODD. Are we going to keep that though neither of them had either ac- Mr. DODD. Nor are they required to secret? cess or control to the financial records contribute union dues. Under those 29 Mr. HATCH. The main case was the of the other. States, that is not the case with re- NAACP where one of the Southern This point we heard about from Sen- spect to the contribution of union dues. States tried to get them to disclose ator DODD is particularly important. If Mr. HATCH. In right-to-work States, their membership list and the Court the point we are trying to get at with that is not the case.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.146 pfrm03 PsN: S21PT1 S2656 CONGRESSIONAL RECORD — SENATE March 21, 2001 Mr. DODD. They get the benefits of would require disclosure in the cor- Army and our Nation professionally, the collective bargaining agreements porate world, too—disclose what the capably and admirably. Through his even though they are not members per money is used for regarding politics. personal style of leadership, he has had se. They all get the same benefits. With that, I yield the floor. a positive impact on the lives of not Mr. HATCH. That is another argu- The PRESIDING OFFICER. Who only the soldiers who have served ment for another day. The fact is, I yields time? under him, but of the families of these don’t think anybody in their right Mr. HATCH. Mr. President, I suggest soldiers, as well as the civilian employ- mind is going to say that people are the absence of a quorum. ees of the Army who have worked with not compelled to pay union dues in The PRESIDING OFFICER. The and under this officer. I am sure that nonright-to-work States, if they want clerk will call the roll. all of those in the Senate who have The assistant legislative clerk pro- the job and they want to work in a worked with Colonel Shatzer join me ceeded to call the roll. union business. It is that simple. No- today in wishing both he and his wife, Mr. MCCONNELL. Mr. President, I body doubts that. I don’t have any Annie, health, happiness, and success ask unanimous consent that the order problem with that. That is the way the in the years ahead. for the quorum call be rescinded. law is. But to say they can spend 100 The PRESIDING OFFICER. Without f percent of the money for only one objection, it is so ordered. party and not disclose it seems to me BUDGET COMMITTEE MARKUP to be a bad process, especially when f Democrats have suggested: Well, if you MORNING BUSINESS Mr. NELSON of Florida. Mr. Presi- dent, it is a great privilege for me to be don’t make the corporations disclose, Mr. MCCONNELL. Mr. President, I why should you make the unions? I am a new Member of the Senate, and it is ask unanimous consent that there now a great privilege for me to be assigned saying let’s make both of them dis- be a period for the transaction of rou- close. Let’s be fair so there is no imbal- to the Budget Committee. It is with a tine morning business with Senators heavy heart that I have just learned ance. permitted to speak therein for up to 10 The imbalance is in the fact that the that it is the intention of the chair- minutes each. man, the distinguished Senator from only two things the unions don’t care The PRESIDING OFFICER. Without New Mexico, for whom I have the high- about are TV advertisements and radio objection, it is so ordered. est regard, not to have a markup in the advertisements. They can do all these f other things: Get out the vote, voter Budget Committee and rather bring a identification, voter registration, mass RETIREMENT OF COLONEL WILSON chairman’s mark under the lawful pro- mailings, phone banks, TV advertise- A. ‘‘BUD’’ SHATZER cedures of the Budget Act straight to ment, radio advertisements, magazine Mr. THURMOND. Mr. President, I the floor. advertisements, newspaper advertise- rise today to pay tribute to Colonel I am compelled to rise to express my ments, outdoor advertising, leafleting, Wilson A. ‘‘Bud’’ Shatzer, who after objection, for that is what a legislative polling, volunteer recruitment and thirty-one years of dedicated service to body is all about in the warp and woof training, and most of their employees the nation and the military, will retire and crosscurrents of ideas for Members are union salaried, full-time political from the United States Army on April to hammer out legislation, particularly operatives, all working for one party, 1, 2001. on something as important as adopting and at the same time this McCain- Colonel Shatzer’s career began fol- a budget. Feingold bill limits the Republican lowing his graduation from Eastern We first started adopting budgets Party, which has no outside organiza- Washington University in 1970 when he pursuant to the Budget Act passed in tion doing this. It limits hard dollars was commissioned a Second Lieutenant the 1970s because Congress had dif- to no more than $1,000 per contributor. in the Armor Branch. Over the past ficulty containing its voracious appe- Talk about imbalance. In other words, three decades, his assignments have in- tite to continue to spend. Thus, the the two groups that you would hope cluded a variety of both command and Budget Act was adopted in which Con- would be fully in the political process— staff positions, and throughout his gress would adopt a blueprint, an over- the two political parties—are the ones military career, Colonel Shatzer con- all skeletal structure, for expenditures that are left out, while we ignore all sistently distinguished himself in all and for revenues that would be the this other stuff. his assignments. Furthermore, whether model after which all of the various Talk about imbalance. The McCain- a newly commissioned Second Lieuten- committees, both appropriations and Feingold bill is imbalanced. What is ant or a seasoned Colonel, this officer authorizing committees, would then even worse, in my eyes, is that the one always demonstrated one of the most come in and flesh out the skeletal thing they impose on unions and others important qualities an officer should structure of the budget adopted. is TV advertisements and radio adver- possess, a deep-seated concern for his How important this budgetary debate tisements within 30 to 60 days of the soldiers regardless of their rank. As a is this year for the questions in front of primary and general elections. Think leader and teacher Colonel Shatzer the Congress. Such things as: How about that. That says they don’t have proved himself to be a willing mentor large is the tax cut going to be, par- the right to speak during that time of young officers and enlisted men, and ticularly measured against, juxtaposed which, under Buckley v. Valeo, shows in the process, he helped to shape the against, how large the surplus is that that directly violative of the first successful careers of soldiers through- we are expecting over the next 10 amendment. Here we have the media out the Army. years. That, of course, is a very iffy and everybody else arguing for this. Many of us came to know Colonel projection. We have seen, if history My amendment does one thing. It Shatzer during his five-year tour as Ex- serves us well, that, in fact, we don’t doesn’t stop the unions from doing ecutive Officer, Army Legislative Liai- know beyond a year, 2 years at the this. It doesn’t say you are bad people, son. His professionalism, mature judg- most, with any kind of degree of accu- you should not do this. It says you ment, and sound advice earned him the racy, if we can forecast what the sur- need to disclose what you are doing so respect and confidence of members of pluses or the deficits are going to be in that all members of the union know the Army Secretariat and the Army future years. what political ideologies they are sup- Staff. While dealing with Members of So the budget debate brings the cen- porting with their dues. That includes Congress and Congressional staff, the tral question of how large should the 40 percent of them who are basically Department of Defense, and the Joint tax cut be counterbalanced against Republicans and whose moneys are all Staff, Colonel Shatzer’s abilities as an how much of the revenues and the sur- going to elect Democrats, people who officer, analyst and advisor were of plus do we think will be there over the are basically contrary to their philo- benefit to the Army and to those with course of the next decade. That, then, sophical and political viewpoints. whom he worked in the Legislative leads us, once we know that, to be able All I ask is that there be disclosure. Branch. to decide how much we will appropriate But to even it up, since the Democrats For the past thirty-one years, Colo- for other needed expenditures for the have raised this time and again, I nel Shatzer has selflessly served the good of the United States.

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.149 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2657 Most everyone in this Chamber William has been much-anticipated and in Uganda. Uganda is a country of agrees there ought to be a moderniza- has held a place in the hearts of his great promise; in the past year I and tion of Medicare with a prescription parents and family for many months many of my colleagues have come to drug benefit. Most everyone in this now as they have awaited his arrival. this floor to praise the Ugandan Gov- Chamber agrees there should be addi- As the father of five myself, I know ernment and the Ugandan people for tional investment in education, and that Will and Alyssa are in for a most their energetic and effective fight there is a bipartisan bill that is begin- remarkable, frustrating, rewarding, against the AIDS pandemic. In recent ning to work its way through the legis- and exciting experience of their lives. years, the economy has enjoyed mod- lative process on increased investment William Blue will make certain of that. erate economic growth. Most strik- in education and accountability. Most Our best wishes go out to the Hollier ingly, even given the persistence of everyone in this Chamber agrees we family on this most auspicious occa- brutality like that embodied by the have to pay our young men and women sion. Lord’s Resistance Army, there can be no mistaking that Uganda has come a in the Armed Forces of this country f more of a comparable wage in competi- long way from the dark days when Idi tion with the private sector in order to CHILDREN AND HEALTHCARE Amin and Milton Obote terrorized their have the kind of skill and talent we WEEK citizens. This progress toward stability need in today’s all-volunteer Armed Mr. HOLLINGS. Mr. President, each and an improvement in the quality of Forces. day, many of our Nation’s children face life enjoyed by Ugandans has been Most people in this body would agree illnesses that require a doctor’s office cause for celebration, and legitimately we have to have certain expenditures or hospital visit. This can be fright- so. with regard to health care, planning ening for both the child and his or her But the latest trends from Uganda for the end game, encouraging addi- family, and underscores the need to are alarming. In particular, the days tional long-term insurance, equalizing continue providing quality, caring pe- leading up to the March 12 presidential the tax subsidies for health insurance diatric health services. This week in elections revealed a disturbing willing- now from a large employer to a small Greenville, SC, The Children’s Hospital ness on the part of the ruling party to employer, or to an individual em- of The Greenville Hospital System is retain power through intimidation. Ac- ployer, or to an individual. celebrating Children and Healthcare cording to observers, the opposition There are a number of items on Week with a number of valuable activi- was threatened with violence and ar- which there is consensus that is built ties for health care professionals, par- rests from state security forces on this side of the Capitol where we ents and community partners. Among throughout the campaign. Reports in- should go with regard to expenditures the events are continuing education dicate that, in some cases, opposition in the future while controlling our fis- classes for medical residents and sup- supporters also resorted to violent tac- cal appetite. port staff as well as an awards cere- tics. While most observers agree that That brings me back to the budget mony to honor local individuals who outcome of the vote would probably resolution, for it is the very essence of have dedicated their lives to pediatric not have been different had the elec- adopting a budget resolution that we care. tion not been marred in this manner, should have as our watchwords ‘‘fiscal Children and Healthcare Week high- there can be no question that Uganda discipline.’’ That is why we need to lights educational programming to in- has been proven to be less democratic have a full and fair discussion of all the crease public, parental and professional and less stable by these recent events, issues in adopting a budget resolution. knowledge of the improvements that and the security of individual Ugan- That is why we ought to mark it up can be made in pediatric health care. dans wishing to exercise basic civil and and have that discussion first in the In particular, it stresses new ways to political rights is not assured. It is unquestionably true that many committee. meet the emotional and developmental positive developments have unfolded in I wrap up by saying of all the debates needs of children in health care set- Uganda over the years that President that will take place this year, the de- tings. Lack of quality health care Museveni has been in office. But Ugan- bate on how we will allocate the re- should never be an impediment to the da’s success is not about Mr. Museveni. sources with regard to the budget of long-term success of our nation’s chil- Institutions, not individuals, are the the United States is one of the most dren and I commend Greenville’s dedi- backbone of lasting political stability important. It ought to have a full and cation to Children and Healthcare and development. And the movement fair and thorough discussion. Week. f system currently in effect in Uganda, f always dubious, increasingly looks like THE BIRTH OF WILLIAM BLUE a single-party system by another HOLLIER 45th ANNIVERSARY OF TUNISIA’S INDEPENDENCE name. Its defenders will point to last Mr. CRAPO. Mr. President, I rise year’s referendum on this so-called today to announce the birth of a fine Mr. COCHRAN. Mr. President, I con- ‘‘no-party’’ system and claim that it is young man, William Blue Hollier. Wil- gratulate Tunisia on the occasion of the will of the people. But the deck was liam was born on Monday, March 5th, her 45th year of independence. clearly stacked against multipartyism making him a couple of weeks old Tunisia is a constitutional democ- in last year’s referendum on the move- today. He is the first child of Will and racy striving to create a more open po- ment system—state-sponsored political Alyssa Hollier. Will serves as my Ad- litical society, diversify its economy, education courses were used to mobi- ministrative Assistant and has been an attract foreign investment, and im- lize support for the Movement, and the invaluable part of my staff for over 8 prove its diplomatic ties with both the opposition boycotted the vote. years. I’m happy to report that mother, European Union and United States. Today, in the wake of the presi- father, and baby are doing well, al- I am pleased to be a member of the dential election and after long months though Will and Alyssa are probably Hannibal Club USA whose mission is to of Uganda’s involvement in the Demo- getting used to fewer hours of sleep. improve the political and economic cratic Republic of the Congo—an ad- Young William is the grandson of ties between the United States and Tu- venture that, while perhaps profitable Charles and Judy Hollier of Lafayette, nisia. I am hopeful that a mutually for the few, is clearly unpopular with LA; Judy Myers of New Orleans; and beneficial relationship between our two the Ugandan people—today, those of us Bob and Cheri Knorr of Sawyer, ND. countries will continue to grow in the who genuinely wish to see Uganda con- His great-grandparents, Henry and years ahead. solidate the successes of the past and Mary Myers of Opelousas, LA; Art f make even more progress in the years Odegard of Minot, ND; and Walt Knorr ahead are profoundly troubled. of Devil’s Lake, ND, also join me in ELECTIONS IN UGANDA Some in Central Africa believe that welcoming this baby. Mr. FEINGOLD. Mr. President, I rise the U.S. turns a blind eye to the short- It is always a joyous event to bring a today to express my serious concern comings of the government in Kam- new family member into the world. about the recent presidential elections pala. I certainly hope that is not the

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.044 pfrm03 PsN: S21PT1 S2658 CONGRESSIONAL RECORD — SENATE March 21, 2001 case, because that is not in the inter- EVERYBODY WINS! I know we can turn those numbers around. With caring Americans like you, we will turn ests of the U.S. or the Ugandan people. Mr. KENNEDY. Mr. President, Ev- I have recently had cause to reflect on those numbers around. erybody Wins! is an innovative literacy George’s defining commitment to children the damage done by years of U.S. sup- improvement program that pairs is a quality education. His budget includes $5 port for undemocratic and sometimes adults with children for one hour a billion over the next five years for reading violently repressive regimes elsewhere week to share lunch, a good book and initiatives. Through his Reading First pro- on the continent. We do no one any fa- friendship. The U.S. Senate launched gram, he wants to give states and schools the vors when we fail to tell it like it is, Everybody Wins! at the Brent Elemen- funding and tools to implement sound read- when we look away from blatantly un- tary School in 1995. Today, this pro- ing programs in Kindergarten through sec- ond grade. democratic acts because we so des- gram serves 4,500 children in the Wash- perately want to encourage countries While government does its part, it’s up to ington area. us as parents and citizens to help children that hold great promise. It is precisely Last night, I had the honor of attend- read and succeed in life. Children need more because Uganda has made such pre- ing a reception to celebrate the Every- than a program; they need a voice. They cious gains that I am troubled, for body Wins! program. I was joined by need strong role models to put loving arms these gains will surely be wasted if the my colleague Senator JIM JEFFORDS around them and read to them. You recog- staying power of the current regime be- who I commend for his leadership in nize that need. I’m proud you are lending your voice and a hand to Everybody Wins. comes the utmost priority of the gov- making the Everybody Wins! program ernment. Please continue supporting this worthy en- such a success in the U.S. Senate, and deavor. Because of you, Everybody does win. f Art Tannenbaum, the visionary behind Thanks to the Senators for demonstrating this wonderful program. your commitment to children and sharing SILVER RIBBON CAMPAIGN I was especially honored to join First your common love of reading. Reading is Lady Laura Bush at last evening’s common ground for all of us. Thank you all Mr. ENZI. Mr. President, I rise today so much. to recognize and honor a campaign to event. Mrs. Bush’s passion for reading f raise disability awareness that origi- and strong commitment to early lit- nated in my State of Wyoming. I am eracy touched the lives of thousand of COMMEMORATING THE 10TH ANNI- very proud of the mission behind this families in Texas, and it is clear from VERSARY OF THE PERSIAN effort that, in 3 short years, has gained last night that she brings that same GULF WAR steam nationally and internationally. commitment to children all across the Mr. JEFFORDS. Mr. President, today Known as the Silver Ribbon Cam- country. I wish to add my voice to the many I was deeply moved by her remarks paign, this effort to honor disability who have come before the Senate to last night and her real passion for chil- awareness month, March, was begun by honor the brave men and women who dren and their needs, and I believe my the Natrona County School District #1 served our nation so honorably in the colleagues would appreciate her Student Support Services and the Par- Persian Gulf War. March 3, 2001 marked thoughtful statement as well. ent Resource Center. The campaign has the tenth anniversary of the end of the Mr. President, I ask unanimous con- generated significant activity among Persian Gulf War. I pay special tribute sent to print Mrs. Bush’s remarks from local officials and is responsible for a to the families of those who gave their last evening into the RECORD. variety of training, educational and lives in this effort. There being no objection, the mate- interactive activities related to raising I would like to draw my colleagues rial was ordered to be printed in the disability awareness in the broader attention to an important event that RECORD, as follows: community. In addition to engaging will be taking place this Sunday, local officials and the general public, FIRST LADY LAURA BUSH’S REMARKS, March 25th, 2001, in Manchester, NH. A EVERYBODY WINS! EVENT, MARCH 20, 2001 the campaign has worked successfully group of dedicated Americans is gath- with the business community and nu- Thank you very much, Dr. Billington. ering to observe the 10th anniversary First I want to thank Lisa Vise. merous media outlets to ensure a di- Lisa, you are a remarkable girl. You re- of the Persian Gulf war, to honor those verse yet unified front in heightening mind us that one person’s work can make a who served, and to evaluate the fulfill- awareness about the reality of living difference in a lot of other people’s lives. ment of our promise to care for those with a disability. Senator Jeffords, Senator Kennedy, Mr. who suffered as a result of their serv- I am particularly proud of the cam- Chabraja, Mr. Cole, Mr. Woodward, distin- ice. A driving force behind this event is paign’s special effort to include activi- guished guests, I’m pleased to be with you the New England Persian Gulf Vet- ties targeted towards raising awareness tonight. erans Inc., NEPGV, and its dynamic Everybody Wins is the largest children’s among children. Not only will the pub- literacy and mentoring organization in the founders, David and Patricia Irish. lic library host a reading hour on dis- District because you understand the value of Since the NEPGV’s inception in 1996, ability awareness, with awareness spending quality time reading to children. David and Trish have worked tirelessly bookmarks available for the public, I am fortunate because someone spent time to promote the issues and challenges of but public school buses and other pub- reading to me as a child—my mother. Gulf War Veterans in New England and lic transportation will display the cam- Thanks to her I developed a lifelong passion beyond. I want to publicly thank them paign’s trademark silver ribbon during for reading, and I grew up to become a teach- for their efforts and let them know the month of March. er. As much as I loved being read to as a child, I love reading to children even more. that I will be with them in spirit on The campaign has issued the silver The Everybody Wins volunteers will agree the 25th of March. ribbon as a pin, and since its inception reading together has tremendous results. This is an appropriate time to re- in 1998, more than 250,00 pins, along Children who are read to by an adult learn member the outstanding job our serv- with thousands of balloons and dis- two things: First, that reading is worth- ice men and women did in liberating plays, have been used to raise aware- while, and second, that they are worthwhile. Kuwait from occupation. Together ness around the State of Wyoming. As Reading is the foundation of all learning. with our allies, this action stated that I mentioned before, similar activities Children must have good reading skills to in the post Cold War world, the succeed in every subject in school. Those are being duplicated nationwide. who do not read well by the end of the third unprovoked conquest of one’s neigh- I am honored but not surprised to grade often have a difficult time catching bors would not be tolerated. The un- once again have the opportunity to up. Sadly, thousands of children can’t read precedented coalition of twenty six na- highlight a community-based effort in- well in America. tions rolled back a tyrannical dictator vented in Wyoming that other commu- According to a 1998 study, 68 percent of and a military ill prepared for the de- nities are modeling. I hope hearing me fourth-graders in our nation’s lowest-income termination of the United States and today will encourage my colleagues to schools were unable to read at even a very its allies, nor the might and profes- introduce their own State to the Silver basic level. sionalism of the soldiers involved. In We may grow numb to statistics, but we Ribbon Campaign and further raise dis- cannot grow numb to our children. That so the face of the poor performance of old ability awareness in this country. This many children can’t read is a clear indica- Soviet equipment, the Gulf War firmly is a critical effort that every commu- tion of a fundamental failure of adult respon- established the military superiority of nity should embrace. sibility for children’s lives and futures. the United States and confirmed our

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.041 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2659 status as the world’s lone superpower. THE VERY BAD DEBT BOXSCORE Des Moines University Osteopathic Our willingness to work together with Mr. HELMS. Mr. President, at the Medical Center College of Osteopathic our friends in the Arab world set a new close of business yesterday, Tuesday, Medicine and Surgery; and tone in the region and ushered in a new March 20, 2001, the Federal debt stood Whereas, Dr. Plundo has been an offi- era of respect for international co- at $5,732,596,852,845.50, five trillion, cer and trustee of the Pennsylvania Os- operation. seven hundred thirty-two billion, five teopathic Medical Association, a dele- gate to the American Osteopathic As- The Gulf War coalition also laid a hundred ninety-six million, eight hun- sociation and a community leader in foundation for a remarkable United dred fifty-two thousand, eight hundred the field of family medicine; and Nations operation that for the first forty-five dollars and fifty cents. Whereas, he has distinguished him- time, aggressively sought to identify One year ago, March 20, 2000, the Fed- self as a dedicated physician who con- and destroy any potential capability eral debt stood at $5,728,254,000,000, five trillion, seven hundred twenty-eight tinues the osteopathic tradition of as- for development of weapons of mass de- suring exemplary family medicine; struction or manufacture of chemical billion, two hundred fifty-four million. Five years ago, March 20, 1996, the Now, therefore, I congratulate Gary or biological agents. While UNSCOM P. Plundo, D.O., M.P.M., on his instal- had a very difficult time carrying out Federal debt stood at $5,059,798,000,000, five trillion, fifty-nine billion, seven lation as the 87th President of the its mission and was eventually forced Pennsylvania Osteopathic Medical As- to leave Iraq, the world community hundred ninety-eight million. Ten years ago, March 20, 1991, the sociation, and wish him the best for a learned a great deal from the experi- successful and rewarding tenure.∑ ence, and set any potential future pro- Federal debt stood at $3,448,161,000,000, liferations on notice that these types three trillion, four hundred forty-eight f of actions will not be tolerated. billion, one hundred sixty-one million. RECOGNIZING AIR FORCE CAPTAIN Fifteen years ago, March 20, 1986, the GLEN CHRISTENSEN While peace process in the Middle Federal debt stood at $1,982,276,000,000, ∑ Mr. CONRAD. Mr. President, today I East is at a low ebb right now, it is also one trillion, nine hundred eighty-two would like to recognize the achieve- appropriate that we remember how the billion, two hundred seventy-six mil- ments of Air Force Captain Glen Gulf War was a critical catalyst for the lion, which reflects a debt increase of Christensen. Oslo Peace Agreement between Israel almost $4 trillion—$3,940,320,852,845.50, Captain Glen Christensen was named and the Palestinians, the cornerstone three trillion, nine hundred forty bil- 21st Air Force Company Grade Officer for the wave of peace that swept the re- lion, three hundred twenty million, for 2000. In the selection for this award, gion during the 1990s. While subsequent eight hundred fifty-two thousand, eight Glen was in competition with Wing agreements have been shattered by the hundred forty-five dollars and fifty Company Grade Officers from seven recent violence, all sides still stand by cents, during the past 15 years. Oslo, as do the moderate Arab nations other Air Force Bases including f who continue to insist that the risks Robbus AFB, GA, MacDill AFB, FL, they have taken for peace are worth it. ADDITIONAL STATEMENTS Pope AFB, NC, Charleston AFB, SC, Had it not been for US leadership and Little Rock AFB, AK, McGuire AFB, the success of the Gulf War, this would NJ, and Dover AFB, DE. Candidates for IN HONOR OF GARY P. PLUNDO, not be the case. the awards were evaluated in five cat- D.O. egories which include: duty achieve- As a senior member of the Senate ∑ Mr. SANTORUM. Mr. President, I ment; self improvement; off-duty ac- Veterans Affairs Committee, I take stand before you today to recognize complishments; other leadership ac- very seriously my obligation to address Gary P. Plundo, D.O., M.P.M. from complishments, and positive represen- the needs of all our Veterans. Although Greensburg, PA who will be installed tation of the U.S. Air Force. it has been 10 years since this decisive as the 87th president of the Pennsyl- Three weeks prior, Captain victory in the Persian Gulf, servicemen vania Osteopathic Medical Association, Christensen had been selected Com- and women continue to step forward POMA during their 93rd Clinical As- pany Grade Officer of the Year for the with symptoms of illnesses and disease sembly in Philadelphia this May. 89th Security Forces Squadron at An- likely attributable to serving in South- Dr. Plundo has been an outstanding drews Air Force Base, MD, and then for west Asia during the war. This was member of the medical profession the 89th Support Group, and finally for brought home to me by the death of a through his many years of service to the 89th Airlift Wing at Andrews. He friend of my son Leonard, John Clark, the people of Greensburg, PA. He has won the squadron and group competi- Jr. A Gulf War veteran, John was served in many capacities throughout tion for the second consecutive year. stricken with colon cancer at age 31, his tenure to improve the health of the At the group level, he represented Se- two short years after his return home people of this community. Both profes- curity Forces and competed with se- from the Gulf. John’s case is similar to sionally and as a volunteer, Dr. Plundo lectees from Mission Support, Services other service members coming back has used his expertise to help the lives and Civil Engineering squadrons. At from the Gulf War. John passed away of others. As he becomes the next the Wing level, Christensen competed in 1996. For John and his family, as for president of POMA, I am confident that with five other group winners from many veterans, the war continues well his leadership will take the organiza- among 454 company grade officers in after they have taken off their uni- tion to new heights. all groups. In addition to Security forms and returned to life as civilians. In recognition of his accomplish- Forces, which Glen represented, group I will continue to work to insure that ments and installation as president of winners came from Logistics, Medical, Gulf War veterans obtain access to VA POMA, I would like to submit the fol- Operations, and Communications health benefits and that meaningful re- lowing proclamation in his honor: groups and from the Wing Com- search continues to determine treat- Whereas, Gary P. Plundo, D.O., mander’s staff. ment for these troubling medical prob- M.P.M., will be installed on May 4, While second in command of the lems. Our Gulf War veterans, having 2001, as president of the Pennsylvania third largest Security Forces unit in served in Active, Reserve and National Osteopathic Medical Association, the the Air Force, Captain Christensen or- Guard units, must know that we here state organization that represents over ganized and directed security at An- in Washington will continue to fight 3,500 licensed osteopathic physicians, drews AFB for the NATO 50th Anniver- for them as they fought for us. over 440 interns, residents and fellows, sary Summit, two Joint Services Open Once again, I remember, commemo- and 1,000 osteopathic medical students House Air Shows, and the recent Presi- rate and congratulate the members of at the Philadelphia College of Osteo- dential Inauguration, in addition to ev- our Armed Forces who served with dis- pathic Medicine and 550 at the Lake eryday base law enforcement and secu- tinction during the Gulf War. I sin- Erie College of Osteopathic Medicine; rity for the ‘‘President’s base’’ and cerely thank them for their service to and ‘‘Air Force One.’’ our country on this, the tenth anniver- Whereas, Dr. Plundo is a graduate of Glen graduated in 1993 from the sary of this victory. the University of Pittsburgh and the United States Air Force Academy with

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.092 pfrm03 PsN: S21PT1 S2660 CONGRESSIONAL RECORD — SENATE March 21, 2001 Military Distinction. He is the son of La Salle Academy of Providence, RI MESSAGE FROM THE HOUSE Everett and Sybil Christensen of whose football team became State At 3:02 p.m., a message from the Madelia, MN. Champions for the year 2000. House of Representatives, delivered by Mr. President, I offer my congratula- In 1871, the de La Salle Christian Mr. Hays, one of its reading clerks, an- tions to Captain Christensen and his Brothers came to Rhode Island to nounced that the House has agreed to family on this award.∑ teach at the ‘‘Brothers’’ school. In 1876, the following concurrent resolution, in f that school became an academy and was named La Salle, after the Chris- which it requests the concurrence of RETIREMENT OF STEPHAN tian Brothers founder, Saint John the Senate: LEONOUDAKIS Baptiste de La Salle. Since its opening H. Con. Res. 41. Concurrent resolution ex- ∑ Mrs. BOXER. Mr. President, it is a 125 years ago, La Salle has offered its pressing sympathy for the victims of the pleasure to take this opportunity to students a rigorous, value-based edu- devastating earthquakes that struck El Sal- vador on January 13, 2001, and February 13, draw the Senate’s attention to the ca- cation. The Brothers’ approach to com- 2001, and supporting ongoing aid efforts. reer of Stephen C. Leonoudakis. prehensive student development has Stephan was Director of the Golden been evident not only in their aca- The message also announced that Gate Bridge, Highway and Transpor- demic excellence, but in the successes pursuant to Public Law 106–292 (36 tation District from 1962 until his re- of their clubs and athletic teams as U.S.C. 2301), the Speaker appoints the tirement this past January. Even by well. following Members of the House of Rep- the standards set by some members of The athletic department at La Salle resentatives to the United States Holo- this chamber, this is a long time. He has a strong commitment to instilling caust Memorial Council: Mr. GILMAN, served continuously in the same posi- leadership, sportsmanship, and a Mr. LATOURETTE, and Mr. CANNON. tion for 38 years. Over the course of healthy approach to athletic competi- The message further announced that this time, he became nearly as integral tion. Since its founding in 1908, the La pursuant to section 5(b) of Public Law to the Bridge District as the famous Salle football program has been one of 93–642 (20 U.S.C. 2004(b)), the Speaker span for which it was named. There are the most successful in the state. Leg- appoints the following Members of the few who remember a time when he was endary Coach Jack Cronin guided the House of Representatives to the Board not Director. The question is not Rams to 274 wins during his 44 years of Trustees of the Harry S Truman whether he will be missed, but what tenure from 1928 to 1972. In the 1940’s Scholarship Foundation: Mrs. EMERSON will we do without him? and 1950’s, La Salle played before some of Missouri and Mr. SKELTON of Mis- Stretching from San Francisco to of the largest crowds ever to see a souri. Marin County across the opening to game in Rhode Island, including 25,000 The message also announced that San Francisco Bay, the Golden Gate in 1945, 40,000 in 1947, and 10,000 in 1955. pursuant to 22 U.S.C.. 276d, the Speaker Bridge is one of the most identifiable In the 1970’s and 1980’s, the La Salle appoints the following Member of the landmarks in the world. People flock football team won ten Division A ti- House of Representatives to the Can- to the bridge from around the globe, tles. ada-United States Interparliamentary often braving the chilly mid-summer La Salle also participates in the old- Group: Mr. HOUGHTON of New York, fog to catch a breathtaking glimpse of est sports rivalry in the state. For sev- Chairman. the city to the east, the seemingly end- enty-one years, La Salle and East The message further announced that less Pacific Ocean to the west, the Bay Providence High School have met tra- pursuant to section 5(a) of the Abra- directly below and the graceful struc- ditionally on Thanksgiving Day. Up ham Lincoln Bicentennial Commission ture itself above and around. It is a until this past year, the series had been Act (36 U.S.C. 101 note), the Speaker truly enchanted place. tied, but with La Salle’s victory they appoints the following Member of the But, as the name implies, the Golden now proudly lead that series 35–34, with House of Representatives to the Abra- Gate Bridge, Highway and Transpor- two ties. ham Lincoln Bicentennial Commission: tation District is more than just a Through the leadership of Tim Coen, Mr. LAHOOD of Illinois. bridge with a million dollar view. It is first year Coach of the La Salle Rams, The message also announced that a full-service transportation district and Team Captains Toyin Barnisile, pursuant to section 5(a) of the Abra- complete with buses, ferries, bicycles, Joe Ben, Howie Brown, David Regus, ham Lincoln Bicentennial Commission pedestrians, staffmembers and all the and Jon-Erik Schneiderhan, La Salle Act (Public Law 106–173), the Minority maintenance and other administrative can boast its first Super Bowl Division Leader appoints the following indi- challenges that come with them. This Championship. After winning only four vidual to the Abraham Lincoln Bicen- is where Stephan really shined. Over of nine league games in the previous tennial Commission: Mr. PHELPS of Il- his tenure, he participated in trans- year, the Rams completed the regular linois. forming the Bridge District from an season with an impressive 9–0 record, agency that essentially looked after a including a win over Thanksgiving f beautiful landmark into an organiza- rival and two-time defending state MEASURES REFERERD tion which operates a world-class tran- champions East Providence. The following concurrent resolution sit agency serving millions of com- The last time La Salle played in a was read, and referred as indicated: muters and visitors annually. This is a championship game was nearly a dec- tremendous achievement that Stephan ade ago in 1992, when they lost to H. Con. Res. 41. Concurrent resolution ex- pressing sympathy for the victims of the shares. Portsmouth High School. The year 2000 devastating earthquakes that struck El Sal- There were times, I imagine, when finally brought a re-match as this vador on January 13, 2001, and February 13, people thought that Stephan might year’s Super Bowl game pitted the 2001, and supporting ongoing aid efforts: to just outlast the bridge he loved and Portsmouth Patriots against the La the Committee on Foreign Relations. looked after all these years. But Salle Rams. The Rams were victorious f thanks to solid construction, regular in a very close game, thanks to the ex- maintenance and a vigorous seismic ceptional effort put forth by the La EXECUTIVE AND OTHER program he began, it looks like Salle team supported by their fellow COMMUNICATIONS Stephan is going to beat the bridge students and alumni. The following communications were into retirement by many years. We can As a proud graduate and former laid before the Senate, together with all be grateful for that even as we bid member of the La Salle Academy foot- accompanying papers, reports, and doc- a friend a fond, happy and healthy re- ball team, I know the skills, training, uments, which were referred as indi- tirement. No one deserves it more.∑ and strength of character that are nec- cated: essary to achieve what this program f EC–1094. A communication from the Acting has achieved. I would ask that my col- Administrator of the Food and Nutrition THE LA SALLE ACADEMY leagues join me in applauding La Salle FOOTBALL TEAM Service, Department of Agriculture, trans- Academy for its remarkable accom- mitting, pursuant to law, the report of a rule ∑ Mr. REED. Mr. President, I rise plishments this year and throughout entitled ‘‘Special Supplemental Nutrition today to recognize the achievement of its long tradition of excellence.∑ Program for Women, Infants and Children

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.017 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2661 (WIC): Clarification of WIC Mandates of Pub- the Committee on Energy and Natural Re- EC–1116. A communication from the Board lic Law 104–193, the Personal Responsibility sources. of Trustees of the Federal Old-Age and Sur- and Work Opportunity Reconciliation Act of EC–1105. A communication from the Assist- vivors Insurance and Disability Insurance 1996’’ (RIN0584–AC51) received on March 19, ant General Counsel for Regulatory Law, De- Trust Funds, transmitting, pursuant to law, 2001; to the Committee on Agriculture, Nu- partment of Energy, transmitting, pursuant the annual report on the current and pro- trition, and Forestry. to law, the report of a rule entitled ‘‘Non- jected financial conditions of the Social Se- EC–1095. A communication from the Rules discrimination on the Basis of Sex in Edu- curity Program for calendar year 2001; to the Administrator of the Federal Bureau of Pris- cation Programs or Activities Receiving Committee on Finance. ons, Office of General Counsel, Department Federal Financial Assistance’’ (RIN1901– EC–1117. A communication from the Dep- of Justice, transmitting, pursuant to law, AA87) received on March 19, 2001; to the Com- uty Assistant Secretary of the Division of the report of a rule entitled ‘‘Drug Abuse mittee on Energy and Natural Resources. Welfare-to-Work, Department of Labor, Treatment and Intensive Confinement Cen- EC–1106. A communication from the Fed- transmitting, pursuant to law, the report of ter Programs: Early Release Consideration’’ eral Register Liaison Officer, Office of Thrift a rule entitled ‘‘Welfare-to-Work (WtW) ((RIN1120–AA36) (RIN1120–AA66)) received on Supervision, Department of the Treasury, Grants; Final Rule; Interim Final Rule’’ March 19, 2001; to the Committee on the Ju- transmitting, pursuant to law, the report of (RIN1205–AB15) received on March 19, 2001; to diciary. a rule entitled ‘‘Federal Savings Association the Committee on Finance. EC–1096. A communication from the Direc- Bylaws; Integrity of Directors’’ (RIN1150– EC–1118. A communication from the Dep- tor of the Office of Regulations Management, AB39) received on March 16, 2001; to the Com- uty Executive Secretary to the Department, Board of Veterans’ Appeals, Department of mittee on Banking, Housing, and Urban Af- Health Care Financing Administration, De- Veterans Affairs, transmitting, pursuant to fairs. partment of Health and Human Services, law, the report of a rule entitled ‘‘Appeals EC–1107. A communication from the Fed- transmitting, pursuant to law, the report of Regulation—Title for Members of the Board eral Register Liaison Officer, Office of Thrift a rule entitled ‘‘Change in Application of of Veterans’ Appeals—Rescission’’ (RIN2900– Supervision, Department of the Treasury, Federal Financial Participation Limits’’ AK61) received on March 19, 2001; to the Com- transmitting, pursuant to law, the report of (RIN0938–AJ96) received on March 16, 2001; to mittee on Veterans’ Affairs. a rule entitled ‘‘Consumer Protections for the Committee on Finance. EC–1097. A communication from the Direc- Depository Institution Sales of Insurance; EC–1119. A communication from the Dep- tor of the Office of Regulations Management, Change in Effective Date’’ (RIN1150–AB34) re- uty Executive Secretary to the Department, Board of Veterans’ Appeals, Department of ceived on March 16, 2001; to the Committee Health Care Financing Administration, De- Veterans Affairs, transmitting, pursuant to on Banking, Housing, and Urban Affairs. partment of Health and Human Services, law, the report of a rule entitled ‘‘Revised EC–1108. A communication from the Fed- transmitting, pursuant to law, the report of Criteria for Monetary Allowance for an Indi- eral Register Liaison Officer, Office of Thrift a rule entitled ‘‘Medicare Program; Monthly Actuarial Rates and Monthly Supplementary vidual Born with Spina Bifida Whose Bio- Supervision, Department of the Treasury, Medical Insurance Premium Rate Beginning logical Father or Mother is a Vietnam Vet- transmitting, pursuant to law, the report of January 1, 2001’’ received on March 16, 2001; eran’’ (RIN2900–AJ51) received on March 19, a rule entitled ‘‘Liquidity’’ (RIN1150–AB42) received on March 16, 2001; to the Committee to the Committee on Finance. 2001; to the Committee on Veterans’ Affairs. EC–1120. A communication from the Dep- EC–1098. A communication from the Acting on Banking, Housing, and Urban Affairs. uty Executive Secretary to the Department, Assistant Secretary of Legislative Affairs, EC–1109. A communication from the Senior Health Care Financing Administration, De- Department of State, transmitting, pursuant Banking Counsel, Office of General Counsel, partment of Health and Human Services, to law, Presidential Determination Number Department of the Treasury, transmitting, transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled 2001–12, relative to the certification of twen- a rule entitled ‘‘Medicare Program; Ex- ‘‘Financial Subsidiaries’’ (RIN1505–AA77) re- ty–four major illicit drug producing and panded Coverage for Outpatient Diabetes ceived on March 19, 2001; to the Committee transit countries; to the Committee on For- Self-Management Training and Diabetes on Banking, Housing, and Urban Affairs. eign Relations. Outcome Measurements’’ (RIN0938–AI96) re- EC–1099. A communication from the Acting EC–1110. A communication from the Dep- ceived on March 16, 2001; to the Committee Assistant Secretary of Legislative Affairs, uty Executive Secretary to the Department on Finance. Department of State, transmitting, pursuant of Health and Human Services, transmitting, EC–1121. A communication from the Dep- to law, the report of a rule entitled ‘‘Amend- pursuant to law, the report of a rule entitled uty Executive Secretary to the Department, ments to the International Traffic in Arms ‘‘Standards of Privacy of Individually Identi- Health Care Financing Administration, De- Regulation: Canadian Exemption’’ (22 CFR fiable Health Information’’ (RIN0091–AB08) partment of Health and Human Services, Part 126) received on March 19, 2001; to the received on March 16, 2001; to the Committee transmitting, pursuant to law, the report of Committee on Foreign Relations. on Health, Education, Labor, and Pensions. a rule entitled ‘‘Inpatient Hospital Deduct- EC–1100. A communication from the Acting EC–1111. A communication from the Dep- ible and Hospital and Extended Care Serv- Administrator of the Agency for Inter- uty Executive Secretary to the Department ices’’ (RIN0938–AK27) received on March 16, national Development, transmitting, pursu- of Health and Human Services, transmitting, 2001; to the Committee on Finance. ant to law, a report concerning the develop- pursuant to law, the report of a rule entitled EC–1122. A communication from the Dep- ment assistance and child survival/diseases ‘‘National Medical Support Notice; Delay of uty Executive Secretary to the Department, program allocations for Fiscal Year 2001; to Effective Date’’ (RIN0970–AB97) received on Health Care Financing Administration, De- the Committee on Foreign Relations. March 19, 2001; to the Committee on Health, partment of Health and Human Services, EC–1101. A communication from the Chief Education, Labor, and Pensions. transmitting, pursuant to law, the report of Counsel of the St. Lawrence Seaway Devel- EC–1112. A communication from the Dep- a rule entitled ‘‘Medicaid Managed Care’’ opment Corporation, Department of Trans- uty Executive Secretary to the Department (RIN0938–AI70) received on March 16, 2001; to portation, transmitting, pursuant to law, the of Health and Human Services, transmitting, the Committee on Finance. report of a rule entitled ‘‘Seaway Regula- pursuant to law, the report of a rule entitled f tions and Rules; Tariff of Tolls’’ (RIN2135– ‘‘Standards for Privacy of Individually Iden- AA12) received on March 15, 2001; to the Com- tifiable Health Information’’ (RIN0091–AB08) REPORTS OF COMMITTEES mittee on Environment and Public Works. received on March 19, 2001; to the Committee The following reports of committees EC–1102. A communication from the Assist- on Health, Education, Labor, and Pensions. ant General Counsel for Regulatory Law, Of- EC–1113. A communication from the Dep- were submitted: fice of Environment, Safety and Health, De- uty Executive Secretary to the Department From the Committee on Small Business, partment of Energy, transmitting, pursuant of Health and Human Services, transmitting, with an amendment in the nature of a sub- to law, the report of a rule entitled ‘‘Nuclear pursuant to law, the report of a rule entitled stitute: Safety Management’’ (RIN1901–AA34) re- ‘‘Standards for Privacy of Individually Iden- S. 295: A bill to provide emergency relief to ceived on March 19, 2001; to the Committee tifiable Health Information’’ (RIN0991–AB08) small businesses affected by significant in- on Environment and Public Works. received on March 19, 2001; to the Committee creases in the prices of heating oil, natural EC–1103. A communication from the Sec- on Health, Education, Labor, and Pensions. gas, propane, and kerosene, and for other retary of the Interior, transmitting the re- EC–1114. A communication from the Board purposes (Rept. No. 107–4). port of acceptance of the Palmerita Ranch of Trustees of the Federal Hospital Insurance From the Committee on Small Business, Land Donation; to the Committee on Energy Trust Fund, transmitting, pursuant to law, with amendments: S. 395: A bill to ensure the independence and Natural Resources. the annual report related to the near-term and nonpartisan operation of the Office of EC–1104. A communication from the Assist- and long-term financial outlook for 2001; to Advocacy of the Small Business Administra- ant General Counsel for Regulatory Law, Of- the Committee on Finance. tion (Rept. No. 107–5). fice of Security and Emergency Operations, EC–1115. A communication from the Board Department of Energy, transmitting, pursu- of the Federal Supplementary Medical Insur- f ant to law, the report of a rule entitled ‘‘Se- ance Trust Fund, transmitting, pursuant to INTRODUCTION OF BILLS AND curity Requirements for Protected Disclo- law, the annual report evaluating the finan- JOINT RESOLUTIONS sure Under Section 3164 of the National De- cial adequacy of the SMI program for cal- fense Authorization Act for Fiscal Year 2000’’ endar year 2001; to the Committee on Fi- The following bills and joint resolu- (RIN1992–AA26) received on March 19, 2001; to nance. tions were introduced, read the first

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.027 pfrm03 PsN: S21PT1 S2662 CONGRESSIONAL RECORD — SENATE March 21, 2001 and second times by unanimous con- SUBMISSION OF CONCURRENT AND Commission, to adjust compensation sent, and referred as indicated: SENATE RESOLUTIONS provisions for employees of the Com- By Mr. GRAHAM (for himself, Mr. The following concurrent resolutions mission, and for other purposes. CHAFEE, Mr. MCCAIN, Mrs. FEINSTEIN, and Senate resolutions were read, and S. 155 Mr. JEFFORDS, Mr. WELLSTONE, Mrs. referred (or acted upon), as indicated: At the request of Mr. BINGAMAN, the MURRAY, Mr. KENNEDY, Ms. COLLINS, name of the Senator from Wisconsin Mr. SPECTER, Mr. SCHUMER, and Mrs. By Mr. HUTCHINSON: (Mr. FEINGOLD) was added as a cospon- CLINTON): S. Res. 61. A resolution expressing the S. 582. A bill to amend titles XIX and XXI sense of the Senate that the Secretary of sor of S. 155, a bill to amend title 5, of the Social Security Act to provide States Veterans Affairs should recognize board cer- United States Code, to eliminate an in- with the option to cover certain legal immi- tifications from the American Association of equity in the applicability of early re- grants under the medicaid and State chil- Physician Specialists, Inc., for purposes of tirement eligibility requirements to the payment of special pay by the Veterans dren’s health insurance program; to the military reserve technicians. Committee on Finance. Health Administration; to the Committee on S. 170 By Mr. KENNEDY (for himself, Mr. Veterans’ Affairs. SPECTER, Mr. LEAHY, Mr. JEFFORDS, By Mr. HELMS (for himself, Mr. At the request of Mr. REID, the Mr. GRAHAM, Mr. CHAFEE, and Mrs. WELLSTONE, Mr. HUTCHINSON, and Mr. names of the Senator from Nebraska CLINTON): SMITH of New Hampshire): (Mr. HAGEL) and the Senator from Mis- S. Con. Res. 27. A concurrent resolution ex- S. 583. A bill to amend the Food Stamp Act sissippi (Mr. COCHRAN) were added as pressing the sense of Congress that the 2008 of 1977 to improve nutrition assistance for cosponsors of S. 170, a bill to amend working families and the elderly, and for Olympic Games should not be held in Beijing unless the Government of the People’s Re- title 10, United States Code, to permit other purposes; to the Committee on Agri- retired members of the Armed Forces culture, Nutrition, and Forestry. public of China releases all political pris- By Mrs. CLINTON (for herself, Mr. oners, ratifies the International Covenant on who have a service-connected dis- WELLSTONE, and Mr. DODD): Civil and Political Rights, and observes ability to receive both military retired S. 584. A bill to designate the United internationally recognized human rights; to pay by reason of their years of military States courthouse located at 40 Centre the Committee on Foreign Relations. service and disability compensation Street in New York, New York, as the f from the Department of Veterans Af- ‘‘Thurgood Marshall United States Court- ADDITIONAL COSPONSORS fairs for their disability. house’’; to the Committee on Environment S. 278 and Public Works. S. 41 At the request of Mr. JOHNSON, the By Mr. CRAPO (for himself, Mr. CRAIG, At the request of Mr. HATCH, the and Mr. SMITH of New Hampshire): name of the Senator from Virginia (Mr. name of the Senator from Louisiana S. 585. A bill to provide funding for envi- (Ms. LANDRIEU) was added as a cospon- ALLEN) was added as a cosponsor of S. ronmental and natural resource restoration sor of S. 278, a bill to restore health in the Coeur d’Alene River Basin, Idaho; to 41, a bill to amend the Internal Rev- enue Code of 1986 to permanently ex- care coverage to retired members of the Committee on Environment and Public the uniformed services. Works. tend the research credit and to in- By Mr. DODD: crease the rates of the alternative in- S. 316 S. 586. A bill to authorize negotiation for cremental credit. At the request of Mr. MCCONNELL, the accession of Chile to the North American S. 90 the name of the Senator from Nevada Free Trade Agreement, to provide for fast At the request of Mr. BINGAMAN, the (Mr. ENSIGN) was added as a cosponsor track consideration, and for other purposes; name of the Senator from Indiana (Mr. of S. 316, a bill to provide for teacher li- to the Committee on Finance. ability protection. By Mr. CONRAD (for himself, Mr. BAYH) was added as a cosponsor of S. S. 326 THOMAS, Mr. DASCHLE, Mr. JOHNSON, 90, a bill authorizing funding for and Mr. ROBERTS): nanoscale science and engineering re- At the request of Ms. COLLINS, the S. 587. A bill to amend the Public Health search and development at the Depart- name of the Senator from Michigan Service Act and title XVIII of the Social Se- ment of Energy for fiscal years 2002 (Ms. STABENOW) was added as a cospon- curity Act to sustain access to vital emer- through 2006. sor of S. 326, a bill to amend title XVIII gency medical services in rural areas; to the S. 133 of the Social Security Act to eliminate Committee on Finance. the 15 percent reduction in payment By Mr. SCHUMER (for himself and At the request of Mr. BAUCUS, the rates under the prospective payment Mrs. CLINTON): names of the Senator from Ohio (Mr. S. 588. A bill to reduce acid deposition DEWINE), the Senator from New York system for home health services and to under the Clean Air Act, and for other pur- (Mr. SCHUMER), the Senator from New permanently increase payments for poses; to the Committee on Environment and Jersey (Mr. TORRICELLI), the Senator such services that are furnished in Public Works. from Illinois (Mr. DURBIN), the Senator rural areas. By Mr. SMITH of New Hampshire: S. 393 S. 589. A bill to make permanent the mora- from Mississippi (Mr. COCHRAN), and torium on the imposition of taxes on the the Senator from Massachusetts (Mr. At the request of Mr. FRIST, the Internet; to the Committee on Commerce, KERRY) were added as cosponsors of S. name of the Senator from Georgia (Mr. Science, and Transportation. 133, a bill to amend the Internal Rev- MILLER) was added as a cosponsor of S. By Mr. JEFFORDS (for himself, Mr. enue Code of 1986 to make permanent 393, a bill to amend the Internal Rev- BREAUX, Mr. FRIST, Mrs. LINCOLN, the exclusion for employer-provided enue Code of 1986 to encourage chari- Ms. SNOWE, Mr. CHAFEE, and Mr. CAR- educational assistance programs, and table contributions to public charities PER): for other purposes. for use in medical research. S. 590. A bill to amend the Internal Rev- enue Code of 1986 to allow a refundable tax S. 135 S. 441 credit for health insurance costs, and for At the request of Mrs. FEINSTEIN, the At the request of Mr. CAMPBELL, the other purposes; to the Committee on Fi- name of the Senator from Rhode Island name of the Senator from Nevada (Mr. nance. (Mr. CHAFEE) was added as a cosponsor REID) was added as a cosponsor of S. By Mr. BENNETT (for himself and Mr. of S. 135, a bill to amend title XVIII of 441, a bill to provide Capitol-flown flags REID): the Social Security Act to improve to the families of law enforcement offi- S. 591. A bill to repeal export controls on cers and firefighters killed in the line high performance computers; to the Com- payments for direct graduate medical mittee on Banking, Housing, and Urban Af- education under the medicare program. of duty. fairs. S. 143 S. 452 By Mr. SANTORUM (for himself, Mr. At the request of Mr. GRAMM, the At the request of Mr. MURKOWSKI, the LIEBERMAN, Mr. HUTCHINSON, Mr. name of the Senator from Indiana (Mr. name of the Senator from Oregon (Mr. DURBIN, Mr. BROWNBACK, Ms. LUGAR) was added as a cosponsor of S. SMITH) was added as a cosponsor of S. LANDRIEU, Mr. LUGAR, Mr. BAYH, and 143, a bill to amend the Securities Act 452, a bill to amend title XVIII of the Mr. DEWINE): S. 592. A bill to amend the Internal Rev- of 1933 and the Securities Exchange Act Social Security Act to ensure that the enue Code of 1986 to create Individual Devel- of 1934, to reduce securities fees in ex- Secretary of Health and Human Serv- opment Accounts, and for other purposes; to cess of those required to fund the oper- ices provides appropriate guidance to the Committee on Finance. ations of the Securities and Exchange physicians, providers of services, and

VerDate 21-MAR-2001 01:46 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.029 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2663 ambulance providers that are attempt- FEINSTEIN, Mr. JEFFORDS, Mr. allowing children to get health care. ing to properly submit claims under WELLSTONE, Mrs. MURRAY, Mr. Giving States the option of providing the medicare program to ensure that KENNEDY, Ms. COLLINS, Mr. this coverage to legal immigrant chil- the Secretary does not target inad- SPECTER, Mr. SCHUMER, and dren and pregnant women would cover vertent billing errors. Mrs. CLINTON): more than 200,000 people a year. States S. 459 S. 582. A bill to amend titles XIX and have asked for this option. Many are At the request of Mr. BREAUX, the XXI of the Social Security Act to pro- already trying to provide coverage but name of the Senator from Minnesota vide States with the option to cover can’t make up the holes in their budg- (Mr. DAYTON) was added as a cosponsor certain legal immigrants under the et. of S. 459, a bill to amend the Internal Medicaid and State children’s health In their 2001 Winter Policy Report, Revenue Code of 1986 to reduce the tax insurance program; to the Committee the National Governors’ Association on vaccines to 25 cents per dose. on Finance. endorsed this commonsense policy pro- S. 512 Mr. GRAHAM. Mr. President, I rise posal. The National Council of State At the request of Mr. DORGAN, the today on behalf of Senators CHAFEE, Legislators has also endorsed this bill. name of the Senator from Georgia (Mr. MCCAIN, FEINSTEIN, JEFFORDS, More than 200 respected public-interest CLELAND) was added as a cosponsor of WELLSTONE, MURRAY, KENNEDY, COL- groups including Catholic Charities, S. 512, a bill to foster innovation and LINS, SPECTER, SCHUMER, CLINTON, and the National Council of La Raza, the technological advancement in the de- myself to introduce the Immigrant National Association of Public Hos- velopment of the Internet and elec- Children’s Health Improvement Act of pitals, the National Immigration Law tronic commerce, and to assist the 2001. Center, the Children’s Defense Fund, States in simplifying their sales and This bill will give States the option and the American Academy of Pediat- use taxes. to provide Medicaid and CHIP coverage rics have all joined together in support to immigrant children and pregnant S. 534 of the bill. Beginning today and for women who arrived legally in this At the request of Mr. CAMPBELL, the months to come, these organizations name of the Senator from Colorado country after August 22, 1996. That is will be holding events to rally behind the date Congress passed the Personal (Mr. ALLARD) was added as a cosponsor this and other legislation that supports of S. 534, a bill to establish a Federal Responsibility and Work Opportunity the goal of providing healthy solutions interagency task force for the purpose Reconciliation Act—commonly known for hard-working American families. of coordinating actions to prevent the as welfare reform. Under this umbrella, Senators KEN- outbreak of bovine spongiform The goal of that legislation was to NEDY and JEFFORDS will be introducing encephalopathy (commonly known as encourage self-sufficiency in adults. legislation to restore food stamps to ‘‘mad cow disease’’) and foot-and- But it also affected children, including legal immigrants and Representatives mouth disease in the United States. immigrants, citizens, and those not yet LEVIN and MORELLA will be introducing born. The legislation cut off govern- a bill to protect immigrant women S. 543 ment-supported health care for all from domestic violence. At the request of Mr. WELLSTONE, the legal immigrants, regardless of their Passage of the Immigrant Children’s name of the Senator from New York ages or circumstances. Health Improvement Act is an impor- (Mr. SCHUMER) was added as a cospon- Census data released last week of- tant step in revisiting the welfare re- sor of S. 543, a bill to provide for equal fered good news on the number of unin- form legislation. coverage of mental health benefits sured people in America. The data What we now realize, years after with respect to health insurance cov- shows that the number of Americans passing that landmark law, is that erage unless comparable limitations without health insurance fell from 44.3 legal immigrant children are, as much are imposed on medical and surgical million to 42.6 million in 1999. This is as citizen children, the next generation benefits. the first decline since 1987. But the of Americans. Providing Medicaid and S. 548 news is not good for everyone who CHIP to legal immigrant children is At the request of Mr. HARKIN, the works hard in this country, who plays critical in order to guarantee that gen- name of the Senator from Hawaii (Mr. by the rules, who tries to build a better eration can be healthy and productive INOUYE) was added as a cosponsor of S. life for themselves and their families. members of their adopted country. 548, a bill to amend title XVIII of the What was not in the headlines is the We call upon Congress and the Presi- Social Security Act to provide en- fact that the proportion of immigrant dent to act this year and pass this im- hanced reimbursement for, and ex- children who are uninsured remains ex- portant bill. panded capacity to, mammography tremely high. services under the medicare program, A new report by the Urban Institute By Mr. KENNEDY (for himself, and for other purposes. shows that in the last year, nearly half Mr. SPECTER, Mr. LEAHY, Mr. S. 550 of low-income immigrant children in JEFFORDS, Mr. GRAHAM, Mr. At the request of Mr. DASCHLE, the America had no health-insurance cov- CHAFEE, and Mrs. CLINTON): name of the Senator from South Da- erage. In my State of Florida, that S. 583. A bill to amend the Food kota (Mr. JOHNSON) was added as a co- ratio is nearly three to one. This is just Stamp Act of 1977 to improve nutrition sponsor of S. 550, a bill to amend part one of many reports that show that in assistance for working families and the E of title IV of the Social Security Act our zeal to discourage dependency in elderly, and for other purposes; to the to provide equitable access for foster adults, we unintentionally punished Committee on Agriculture, Nutrition, care and adoption services for Indian children. and Forestry. children in tribal areas. A study by the Center on Budget and Mr. KENNEDY. Mr. President, today S. RES. 44 Policy Priorities finds that the per- Senator SPECTER, Senator LEAHY, Sen- At the request of Mr. COCHRAN, the centage of low-income immigrant chil- ator JEFFORDS, Senator GRAHAM, Sen- names of the Senator from South Da- dren in publicly-funded coverage— ator CHAFEE, and I introduce the bipar- kota (Mr. JOHNSON) and the Senator which was low even before welfare re- tisan ‘‘Nutrition Assistance for Work- from Indiana (Mr. LUGAR) were added form—has fallen substantially. ing Families and Seniors Act.’’ Our as cosponsors of S. Res. 44, a resolution Florida is home to more than half a goal is to repair specific holes that designating each of March 2001, and million uninsured children, many of time has worn in the nation’s core nu- March 2002, as ‘‘Arts Education whom are in this country legally or are trition safety net—the Food Stamp Month.’’ citizens whose immigrant parents are Program. f ineligible for coverage and so think Hunger is a silent crisis affecting their children are similarly barred. families all across America. No corner STATEMENTS ON INTRODUCED Under this bill, States have the op- of our land is immune from this trag- BILLS AND JOINT RESOLUTIONS tion of taking steps to change that by edy. By Mr. GRAHAM (for himself, eliminating the arbitrary designation The Nation can well afford to ensure Mr. CHAFEE, Mr. MCCAIN, Mrs. of August 22, 1996, as a cutoff date for that the average food stamp benefit of

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.031 pfrm03 PsN: S21PT1 S2664 CONGRESSIONAL RECORD — SENATE March 21, 2001 79 cents per meal is available to every- welfare reform has had on the children The effort to prevent legal immi- one who truly needs it. In a time of of immigrants. The report finds that 80 grants from accessing food stamps economic prosperity, the moral imper- percent of the children of immigrants never made sense from a policy per- ative to feed the hungry may be clear- are United States citizens, but the im- spective, and I am pleased to see con- est. But in a time of economic uncer- migrant status of parents prevents siderable bipartisan momentum build- tainty, the need to feed the hungry these citizen children from receiving ing to restore eligibility. Our key al- should be clearest. the aid they need. According to the lied in the effort to restore eligibility The bottom line is that too many Urban Institute, 24 percent of children include the National Conference of working families and seniors in Amer- of immigrants live in poverty com- State Legislatures, the U.S. Conference ica have trouble putting enough food pared to 16 percent of children of citi- of Mayors, the National Association of on the table. On February 26, 2001, the zens, and 37 percent of children of im- Counties, the National Black Caucus of New York Times included a compelling migrants live in households that have State Legislators, the Hispanic Caucus, account of the difficulties faced by the difficulty putting enough food on the leaders of all major religious denomi- Payne family from Cleveland, Ohio. table each month, compared to 27 per- nations, and over 1,400 immigration, Mrs. Payne states that ‘‘it’s difficult to cent of children of citizens. hunger, and social justice organiza- work at a grocery store all day, look- The report also shows that access to tions that are active in every state. ing at all the food I can’t buy, so I public benefits makes a difference for Over twenty newspapers have published immigrant families. Largely because imagine filling up my cart with one of editorials urging restoration of food Massachusetts pays to provide food those big orders and bringing home stamp eligibility to legal immigrants. stamps to all legal immigrants, food enough food for all my kids.’’ She and With such strong and broad public sup- insecurity rates there are relatively her husband, a factory worker, rou- port, I am hopeful that immigrants tinely go without dinner to be sure similar for children of immigrants and children of citizens 28 percent of immi- will not have to wait another year to that their four children have enough to grant children versus 22 percent of na- have their access to basic nutrition re- eat. The Payne family was among tive children). Texas provides no such stored. thousands of working families that benefit, however, and this fact is re- Second, this bill ends the child pen- have recently turned to emergency flected in its food insecurity rates. alty under current food stamp law. food pantries and soup kitchens in Over 49 percent of children of immi- Just as the marriage penalty in our tax search of help. The Payne family did grants lack secure access to adequate code unfairly penalizes some couples, not know that they were eligible for nutrition in Texas, compared to a third existing law unfairly limits nutritional food stamps. of children of citizens. assistance to some families with chil- Nationwide, participation in the While hunger and malnutrition are dren. This bill fixes the problem by in- Food Stamp Program has declined 34 serious problems for people of all ages, dexing the food stamp standard deduc- percent since 1996, four times faster their effects are particularly damaging tion to family size in a way that sim- than the decline in the poverty rate. to children. Hungry and undernour- ply ensures that every family that is in This means that over 2 million fewer ished children are more likely to be- deep poverty, with earnings under 10 people who live in poverty are access- come anemic and to suffer from aller- percent of the poverty limit, will re- ing food stamps today. Over a quarter gies, asthma, diarrhea, and infections. ceive the maximum current food stamp of the reduction in food stamp partici- They are also more likely to have be- benefit regardless of family size. Over pation between 1994 and 1998 resulted havioral problems and difficulty in half of the benefit from this provision from welfae reform and its elimination learning. When children arrive at will go to working families. of food stamp eligibility for legal im- school hungry, they cannot learn. If we Third, this bill addresses a core nu- migrants, both by directly rendering do not address this silent crisis, our tritional concern of senior citizens and legal immigrants ineligible for food considerable investments in education other low-income families on fixed in- stamps, and by discouraging their U.S. and early learning activities will not comes, many of whom qualify for the citizen children from accessing food have the full positive impact that they minimum food stamp benefit. The food stamps. should. Clearly more must be done for stamp minimum benefit has remained The results are predictable. The U.S. both the children of citizens and the Department of Agriculture determined at $10 since 1977. This bill raises the children of immigrants. minimum benefit to $25 over the course that 4.9 million adults and 2.6 million A strong Food Stamp Program is es- children lived in households that expe- of five years, and then indexes it to in- sential to ensure that all people in flation. rienced hunger during 1999. The Urban America can get the food they need to Fourth, this bill ensures that food Institute finds that 33 percent of stay healthy. In seven common sense stamp law treats child support pay- former welfare recipients have to skip steps, this bill reaches goals shared by ments like income when calculating or cut meals due to lack of food. Republicans and Democrats alike—pro- The most vulnerable people among moting self-sufficiency, encouraging benefits, by disregarding 20 percent of us—recent immigrants, children, and transitions from welfare to work, and these payments in the benefit deter- the elderly—are the ones who face the eradicating hunger among children and minations. This measure is consistent greatest difficulty. Republicans and seniors. with last year’s overwhelming House Democrats agree that we need to work First, this bill restores eligibility for approval of a plan to encourage states together in good faith to deliver senior food stamps to all legal immigrants, a to pass more child support payments citizens from having to choose between matter of fundamental fairness and through to low-income families. Par- heating and eating, and from having to basic need. The Kaiser Commission on ents who know that their children will choose between paying for their pre- Medicaid and the Uninsured reports directly benefit if they pay their child scription drugs or for their groceries. that immigrant families on average support are more likely to remain on There is also widespread agreement pay $80,000 more in taxes than they re- the job, pay their child support, and, that more must be done to end child- ceive in local, state, and federal bene- most importantly, remain involved hood hunger. A July 1999 General Ac- fits over a lifetime. For 30 years prior with their children. counting Office study concludes, ‘‘Chil- to welfare reform, food stamps were Fifth, this bill gives states more op- dren’s participation in the Food Stamp available to legal immigrants, and as tions for helping families make the Program has dropped more sharply today’s Urban Institute report con- transition from welfare to work. Cur- than the number of children living in firms, legal immigrants are now among rent food stamp law allows a 3-month poverty, indicating a growing gap be- those most in need of nutritional as- state option for a transitional food tween need and assistance.’’ sistance. Our laws recognize that legal stamp benefit. This bill mirrors Medic- Sadly, the enormity of this crisis is immigrants need access to employ- aid’s six-month Medicaid transitional confirmed by a major study released ment, education, and health care, yet benefit for food stamps, simplifying today by the Urban Institute’s Na- all of these efforts are compromised state recordkeeping, increasing state tional Survey of America’s Families, when legal immigrants are denied ac- flexibility, and helping TANF families which focuses upon the impact that cess to basic nutrition. transition to work.

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.036 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2665 Sixth, this bill improves access to ‘‘(i) IN GENERAL.—With respect to the spec- (e) DERIVATIVE ELIGIBILITY FOR BENEFITS.— food stamp information, helping to en- ified Federal program described in paragraph Section 436 of the Personal Responsibility sure that families like the Paynes are (3)’’; and Work Opportunity Reconciliation Act of aware of the help that remains avail- (bb) by redesignating subclauses (II) 1996 (8 U.S.C. 1646) is repealed. (f) APPLICATION.—This section and the able to them. It helps rural families through (IV) as clauses (ii) through (iv) and indenting appropriately; amendments made by this section shall apply for food stamps using online and (cc) by striking ‘‘subclause (I)’’ each place apply to assistance or benefits provided telephone systems, eliminating the it appears and inserting ‘‘clause (i)’’; and under the Food Stamp Act of 1977 (7 U.S.C. need to travel to food stamp offices. It (dd) in clause (iv) (as redesignated by item 2011 et seq.) for months beginning on or after also supports stronger public-private (bb)), by striking ‘‘this clause’’ and inserting April 1, 2002. partnerships that generate and dis- ‘‘this subparagraph’’; SEC. 3. PREVENTION OF HUNGER AMONG FAMI- tribute information about the nation’s (iii) in subparagraph (E), by striking LIES WITH CHILDREN. nutrition assistance program. ‘‘paragraph (3)(A) (relating to the supple- (a) STANDARD DEDUCTION.—Section 5(e) of Finally, this bill increases federal mental security income program)’’ and in- the Food Stamp Act of 1977 (7 U.S.C. 2014(e)) support for emergency food programs, serting ‘‘paragraph (3)’’; is amended by striking paragraph (1) and in- 71 percent of which are operated by (iv) in subparagraph (F); serting the following: (I) by striking ‘‘Federal programs’’ and in- faith based organizations. Sharp in- ‘‘(1) STANDARD DEDUCTION.— serting ‘‘Federal program’’; ‘‘(A) IN GENERAL.—Subject to subparagraph creases in requests for help from food (II) in clause (ii)(I)— (B), the Secretary shall allow a standard de- pantries and soup kitchens have oc- (aa) by striking ‘‘(I) in the case of the spec- duction for each household in the 48 contig- curred over the past year despite steep ified Federal program described in paragraph uous States and the District of Columbia, declines in food stamp participation. (3)(A),’’; and Alaska, Hawaii, Guam, and the Virgin Is- Many food banks find themselves un- (bb) by striking ‘‘; and’’ and inserting a pe- lands of the United States equal to the appli- able to meet the increased requests for riod; and cable percentage established under subpara- help. Nationally, the U.S. Conference (III) by striking subclause (II); graph (C) of the income standard of eligi- of Mayors and America’s Second Har- (v) in subparagraph (G), by striking ‘‘Fed- bility under subsection (c)(1). vest have independently documented a eral programs’’ and inserting ‘‘Federal pro- ‘‘(B) LIMITATIONS.—The standard deduction gram’’; 15 to 20 percent increase in needs over for each household in the 48 contiguous (vi) in subparagraph (H), by striking ‘‘para- States and the District of Columbia, Alaska, 1998. 79 percent of Massachusetts food graph (3)(A) (relating to the supplemental se- Hawaii, Guam, and the Virgin Islands of the pantries funded through Project Bread curity income program)’’ and inserting United States under subparagraph (A) shall reported serving more working poor in ‘‘paragraph (3)’’; and not be— 1998, and 72 percent reported helping (vii) by striking subparagraphs (I), (J), and ‘‘(i) less than $134, $229, $189, $269, and $118, more families with children. To ensure (K); and respectively; or that emergency food needs are met (B) in paragraph (3)— ‘‘(ii) more than the applicable percentage without unnecessarily tapping Food (i) by striking ‘‘means any’’ and all that specified in subparagraph (C) of the income Stamp resources, this bill increases follows through ‘‘The supplemental’’ and in- standard of eligibility established under sec- funding for The Emergency Food As- serting ‘‘means the supplemental’’; and tion (c)(1) for a household of 6 members. (ii) by striking subparagraph (B). PPLICABLE PERCENTAGE sistance Program by 10 percent. ‘‘(C) A .—The appli- (2) CONFORMING AMENDMENT.—Section cable percentage referred to in subpara- The total cost of this bill amounts to 402(b)(2)(F) of the Personal Responsibility graphs (A) and (B) shall be— about $2.75 billion over five years, and Work Opportunity Reconciliation Act of ‘‘(i) for fiscal year 2002, 8 percent; which would increase the cost of the 1996 (8 U.S.C. 1612(b)(2)(F)) is amended by ‘‘(ii) for fiscal year 2003, 8.5 percent; Food Stamp Program by about 2 per- striking ‘‘subsection (a)(3)(A)’’ and inserting ‘‘(iii) for fiscal year 2004, 9 percent; cent. This bill’s cost is also modest in ‘‘subsection (a)(3)’’. ‘‘(iv) for fiscal year 2005, 9.5 percent; and relation to the current ten-year non- (b) FIVE-YEAR LIMITED ELIGIBILITY OF ‘‘(v) for each subsequent fiscal year, 10 per- Social surplus—it uses but 0.2 percent QUALIFIED ALIENS FOR FEDERAL MEANS-TEST- cent.’’. of the projected federal surplus. ED PUBLIC BENEFIT.—Section 403 of the Per- (b) APPLICATION DATE.—The amendments We’ve often heard that hunger has a sonal Responsibility and Work Opportunity made by this section shall apply on the later cure. This is a call to action, not a tru- Reconciliation Act of 1996 (8 U.S.C. 1613) is of— ism, for the many people who have co- amended— (1) July 1, 2002; or (2) at the option of a State agency of a operated in developing this legislation. (1) in subsection (c)(2), by adding at the end the following: State (as those terms are defined in section I’m proud to work with them for its ‘‘(L) Assistance or benefits under the Food 3 of the Food Stamp Act of 1977 (7 U.S.C. prompt passage. Stamp Act of 1977 (7 U.S.C. 2011 et seq.).’’; 2012)), October 1, 2002. I ask unanimous consent that the and SEC. 4. ENCOURAGEMENT OF COLLECTION OF text of this bill be printed in the (2) in subsection (d)— CHILD SUPPORT. RECORD. (A) by striking ‘‘not apply’’ and all that (a) IN GENERAL.—Section 5(e)(2) of the Food There being no objection, the bill was follows through ‘‘(1) an individual’’ and in- Stamp Act of 1977 (7 U.S.C. 2014(e)(2)) is ordered to be printed in the RECORD, as serting ‘‘not apply to an individual’’; and amended— follows: (B) by striking ‘‘; or’’ and all that follows (1) by inserting ‘‘AND CHILD SUPPORT’’ after S. 583 through ‘‘402(a)(3)(B)’’. ‘‘INCOME’’; (2) in subparagraph (A) by— Be it enacted by the Senate and House of Rep- (c) AUTHORITY FOR STATES TO PROVIDE FOR (A) striking ‘‘DEFINITION OF’’ and all that resentatives of the United States of America in ATTRIBUTION OF SPONSOR’S INCOME AND RE- Congress assembled, SOURCES TO THE ALIEN WITH RESPECT TO follows through ‘‘not include’’ and inserting TATE ROGRAMS ‘‘LIMITATION ON DEDUCTION.—The deduction SECTION 1. SHORT TITLE. S P .—Section 422(b) of the Per- in this paragraph shall not apply to’’; This Act may be cited as the ‘‘Nutrition sonal Responsibility and Work Opportunity (B) striking ‘‘or’’ at the end of clause (i); Assistance for Working Families and Seniors Reconciliation Act of 1996 (8 U.S.C. 1632(b)) is Act of 2001’’. amended by adding at the end the following: (C) striking the period at the end of clause (ii) and inserting ‘‘; or’’; and SEC. 2. RESTORATION OF FOOD STAMP BENEFITS ‘‘(8) Programs comparable to assistance or FOR LEGAL IMMIGRANTS. benefits under the Food Stamp Act of 1977 (7 (D) adding at the end the following: (a) LIMITED ELIGIBILITY OF QUALIFIED U.S.C. 2011 et seq.).’’. ‘‘(iii) child support received to the extent ALIENS FOR CERTAIN FEDERAL PROGRAMS.— (d) REQUIREMENTS FOR SPONSOR’S AFFI- of any reduction in public assistance to the (1) IN GENERAL.—Section 402(a) of the Per- DAVIT OF SUPPORT.—Section 423(d) of the household as a result of receiving such sup- sonal Responsibility and Work Opportunity Personal Responsibility and Work Oppor- port.’’; and Reconciliation Act of 1996 (8 U.S.C. 1612(a)) is tunity Reconciliation Act of 1996 (8 U.S.C. (3) in subparagraph (B), by striking ‘‘to amended— 1183a note; Public Law 104–193) is amended by compensate’’ and all that follows through (A) in paragraph (2)— adding at the end the following: the period and inserting ‘‘and child support (i) in subparagraph (A), by striking ‘‘Fed- ‘‘(12) Benefits under the Food Stamp Act of received from an identified or putative par- eral programs’’ and inserting ‘‘Federal pro- 1977 (7 U.S.C. 2011 et seq.), if a sponsor is un- ent of a child in the household if that parent gram’’; able to make the reimbursement because the is not a household member.’’. (ii) in subparagraph (D)— sponsor experiences hardship (including (b) EFFECTIVE DATE.—The amendments (I) by striking clause (ii); and bankruptcy, disability, and indigence) or if made by this section take effect on October (II) in clause (i)— the sponsor experiences severe cir- 1, 2002. (aa) by striking ‘‘(i) SSI.—’’ and all that cumstances beyond the control of the spon- SEC. 5. MINIMUM FOOD STAMP ALLOTMENT. follows through ‘‘paragraph (3)(A)’’ and in- sor, as determined by the Secretary of Agri- Section 8(a) of the Food Stamp Act of 1977 serting the following: culture.’’. (7 U.S.C. 2017(a)) is amended by striking

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.038 pfrm03 PsN: S21PT1 S2666 CONGRESSIONAL RECORD — SENATE March 21, 2001 ‘‘shall be $10 per month.’’ and inserting 11(s), within the 6-month period beginning on shall adjust procedures under this Act and ‘‘shall be— the date on which cash assistance is termi- titles XIX and XXI of the Social Security ‘‘(1) for each of fiscal years 2002 and 2003, nated.’’. Act, to the extent each of the Secretaries de- $15 per month; (2) Section 6(c) of the Food Stamp Act of termines appropriate, to facilitate pilot ‘‘(2) for each of fiscal years 2004 and 2005, 1977 (7 U.S.C. 2015(c)) is amended by striking projects under clause (i). $20 per month; ‘‘No household’’ and inserting ‘‘Except in a ‘‘(3) PREFERENCES.—In selecting pilot ‘‘(3) for fiscal year 2006, $25 per month; case in which a household is receiving transi- projects under this subsection, the Secretary ‘‘(4) for fiscal year 2007 and each subse- tional benefits during the transitional bene- shall provide a preference to projects that— quent fiscal year, the minimum allotment fits period under section 11(s), no house- ‘‘(A) operate in rural areas; or under paragraph (3), adjusted on each Octo- hold’’. ‘‘(B) benefit low-income households resid- ber 1 to reflect the percentage change in the SEC. 7. FOOD STAMP INFORMATION. ing in remote rural areas. cost of the thrifty food plan for the 12-month (a) TRAINING MATERIALS; NUTRITION INFOR- ‘‘(4) WAIVER.—To reduce travel and paper- period ending in the preceding June, rounded MATION.—Section 11 of the Food Stamp Act work burdens on eligible households, the to the nearest lower dollar increment.’’. of 1977 (7 U.S.C. 2020) (as amended by section Secretary may waive requirements under SEC. 6. TRANSITIONAL BENEFITS OPTION. 6) is amended by adding at the end the fol- sections 6(c) and 11(e)(3) for pilot projects conducted under this subsection. (a) IN GENERAL.—Section 11 of the Food lowing: ‘‘(5) EVALUATION OF PILOT PROJECTS.—Any Stamp Act of 1977 (7 U.S.C. 2020) is amended ‘‘(t) RESOURCES FOR STATE AGENCY EM- State conducting a pilot project under this by adding at the end the following: PLOYEES.—The Secretary, in partnership with State agencies, shall develop training subsection shall provide to the Secretary, in ‘‘(s) TRANSITIONAL BENEFITS OPTION.— materials, guidebooks, and other resources accordance with standards established by the ‘‘(1) IN GENERAL.—A State may provide for use by employees of State agencies that Secretary, an evaluation of the effectiveness transitional food stamp benefits to a house- focus on issues of access and eligibility under of the project. hold that is no longer eligible to receive cash the food stamp program. ‘‘(6) FUNDING.—Of funds made available assistance under a State program funded ‘‘(u) NUTRITION INFORMATION.—The Sec- under section 18 for each of fiscal years 2001 under part A of title IV of the Social Secu- retary shall maintain a toll-free information and 2002, the Secretary shall use— rity Act (42 U.S.C. 601 et seq.). number for individuals to call to obtain in- ‘‘(A) $10,000,000 to pay 75 percent of the ad- ‘‘(2) TRANSITIONAL BENEFITS PERIOD.— formation concerning the nutrition pro- ditional costs incurred by State agencies to Under paragraph (1), a household may con- grams.’’. conduct pilot projects under paragraph 2(A); tinue to receive food stamp benefits for a pe- (b) INTER-PROGRAM COORDINATION OF AP- and riod of not more than 6 months after the PLICATION AND VERIFICATION PROCESS.—Sec- ‘‘(B) $500,000 to pay 75 percent of the costs date on which cash assistance is terminated. tion 17 of the Food Stamp Act of 1977 (7 of evaluating pilot projects conducted under ‘‘(3) AMOUNT.—During the transitional ben- U.S.C. 2026) is amended by striking sub- paragraph 2(B).’’. efits period under paragraph (2), a household section (e) and inserting the following: (c) INNOVATIVE PARTICIPATION STRATE- shall receive an amount equal to the allot- ‘‘(e) PILOT PROJECTS FOR INTER-PROGRAM GIES.—Section 17 of the Food Stamp Act of ment received in the month immediately COORDINATION OF APPLICATION AND 1977 (7 U.S.C. 2026) is amended by adding at preceding the date on which cash assistance VERIFICATION PROCESS.— the end the following: is terminated, adjusted for— ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(l) INNOVATIVE OUT-OF-OFFICE APPLICA- ‘‘(A) the change in household income as a vide the Federal shares of funds to States to TION AND PARTICIPATION STRATEGIES.— result of the termination of cash assistance; carry out pilot projects under paragraph (2) ‘‘(1) IN GENERAL.—The Secretary shall con- and to improve the application and verification duct demonstration projects to evaluate the ‘‘(B) any changes in circumstances that process for low-income working households feasibility and desirability of allowing eligi- may result in an increase in the food stamp to participate in the food stamp program. ble households to participate in the food allotment of the household and that the ‘‘(2) ELIGIBLE PROJECTS.— stamp program through the use of the Inter- household elects to report (as verified in ac- ‘‘(A) INTER-PROGRAM APPLICATION PROC- net and telephones instead of through in-of- cordance with standards established by the ESS.— fice visits and interviews. Secretary). ‘‘(i) APPLICATION AT ONE-STOP DELIVERY ‘‘(2) PREFERENCES.—The Secretary shall ‘‘(4) DETERMINATION OF FUTURE ELIGI- CENTERS.—The Secretary shall provide fund- provide a preference under this subsection to BILITY.—In the final month of the transi- ing to not more than 5 States to conduct projects that— tional benefits period under paragraph (2), pilot projects to improve inter-program co- ‘‘(A)(i) are conducted in rural areas; or the State agency may— ordination by co-locating employees and ‘‘(ii) serve eligible households in remote lo- ‘‘(A) require a household to cooperate in a automated systems necessary to accept com- cations; and redetermination of eligibility to receive un- plete initial processing of applications for ‘‘(B) are collaborative efforts between interrupted benefits after the transitional assistance under this Act at centers in one- State agencies and nonprofit community benefits period; and stop delivery systems established under sec- groups. ‘‘(B) renew eligibility for a new certifi- tion 134(c) of the Workforce Investment Act ‘‘(m) GRANTS FOR PARTNERSHIPS AND TECH- cation period for the household without re- of 1998 (29 U.S.C. 2864(c)). NOLOGY.— gard to whether the previous certification ‘‘(ii) APPLICATION FOR ASSISTANCE UNDER ‘‘(1) IN GENERAL.—The Secretary shall pro- period has expired. MEDICAID/SCHIP.—The Secretary shall provide vide grants to State agencies and nonprofit ‘‘(5) LIMITATION.—A household sanctioned funding to not more than 5 States to conduct organizations to conduct projects to improve under section 6 shall not be eligible for tran- pilot projects to improve inter-program co- access to the food stamp program through sitional benefits under this subsection.’’. ordination by co-locating employees and partnerships and innovative technology. (b) CONFORMING AMENDMENTS.— automated systems necessary to accept com- ‘‘(2) PRIORITY.—In providing grants under (1) Section 3 of the Food Stamp Act of 1977 plete initial processing of applications for this subsection, the Secretary shall give pri- (7 U.S.C. 2012) is amended by striking sub- assistance under this Act at locations where ority to projects that focus on households section (c) and inserting the following: applications are received for assistance with low food stamp participation. ‘‘(c) CERTIFICATION PERIOD.— under titles XIX and XXI of the Social Secu- ‘‘(n) GRANTS FOR COMMUNITY PARTNERSHIPS ‘‘(1) IN GENERAL.—‘Certification period’ rity Act (42 U.S.C. 1396 et seq. and 1397aa et AND INNOVATIVE OUTREACH STRATEGIES.— means the period for which households shall seq.). ‘‘(1) ESTABLISHMENT.—The Secretary shall be eligible to receive benefits under this Act. ‘‘(B) INTER-PROGRAM VERIFICATION PROC- establish a program to award grants to eligi- ‘‘(2) DURATION.— ESS.— ble organizations described in paragraph ‘‘(A) IN GENERAL.—A certification period ‘‘(i) IN GENERAL.—The Secretary shall pro- (2)— shall not exceed 12 months, except that— vide funding to not more than 5 States to ‘‘(A) to develop and test innovative strate- ‘‘(i) a certification period may be up to 24 conduct pilot projects to reduce administra- gies to ensure that low-income needy eligible months if all adult household members are tive burdens on low-income working house- households that contain 1 or more members elderly or disabled; and holds by coordinating, to the maximum ex- that are former or current recipients of bene- ‘‘(ii) a certification period may be extended tent practicable, verification practices under fits under a State program established under during the transitional benefits period under this Act and verification practices under ti- part A of title IV of the Social Security Act section 11(s). tles XIX and XXI of the Social Security Act (42 U.S.C. 601 et seq.) continue to receive ‘‘(B) EXTENSION.—The certification period (42 U.S.C. 1396 et seq. and 1397aa et seq.). benefits under this Act if the households may be extended to the end of a transitional ‘‘(ii) ELIGIBILITY.—To be eligible to con- meet the requirements of this Act; benefits period established by a State under duct a pilot project under clause (i), a State ‘‘(B) to help ensure that households that section 11(s). must have an automation system with the have applied for benefits under a State pro- ‘‘(3) CONTACT.—A State agency shall have capacity to verify through electronic records gram established under part A of title IV of at least 1 contact with each certified house- the most common sources of incomes under the Social Security Act, but that did not re- hold— this Act and titles XIX and XXI of the Social ceive the benefits because of State require- ‘‘(A) at least once every 12 months; or Security Act. ments or ineligibility for the benefits, are ‘‘(B) in a case in which the household is in ‘‘(iii) ADMINISTRATION.—The Secretary and aware of the availability of, and are provided a transitional benefits period under section the Secretary of Health and Human Services assistance in receiving, benefits under this

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.033 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2667 Act if the households meet the requirements SEC. 8. AUTHORIZATION OF APPROPRIATIONS of his law class at Howard University, of this Act; FOR ADDITIONAL COMMODITIES charted a course in the courts that led UNDER EMERGENCY FOOD ASSIST- ‘‘(C) to conduct outreach to households the way for the Civil Rights Movement with earned income that is at or above the ANCE PROGRAM. income eligibility limits for benefits under a Section 214 of the Emergency Food Assist- to put an end to the segregation that State program established under part A of ance Act of 1983 (7 U.S.C. 7515) is amended by had plagued our country for so long. title IV of the Social Security Act if the adding at the end the following: Thurgood Marshall will always be households meet the requirements of this ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— our nation’s preeminent civil rights Act; and ‘‘(1) IN GENERAL.—In addition to any other lawyer. He won 29 of the 32 cases he ar- ‘‘(D) to conduct outreach to households funds that are made available to carry out gued before the Supreme Court. During with children if the households meet the re- this section, there are authorized to be ap- propriated to purchase and make available his time with the NAACP, he argued quirements of this Act. one of the hallmark court cases of our ‘‘(2) ELIGIBLE ORGANIZATIONS.— additional commodities under this section time, Brown v. Board of Education, ‘‘(A) IN GENERAL.—Grants under paragraph $20,000,000 for each of fiscal years 2002 (1) may be provided to— through 2006. which declared segregation illegal. ‘‘(i) food banks, food rescue organizations, ‘‘(2) DIRECT EXPENSES.—Not less than 50 For those of us who were alive then, faith-based organizations, and other organi- percent of the amount made available under we will forever have etched in our con- zations that supply food to low-income paragraph (1) shall be used to pay direct ex- sciousness images of the Little Rock households; penses (as defined in section 204(a)(2)) in- Nine, and the sheer courage of those ‘‘(ii) schools, school districts, health clin- curred by emergency feeding organizations children who would not be deterred to distribute additional commodities to ics, non-profit day care centers, Head Start from their efforts to integrate Central agencies under the Head Start Act (42 U.S.C. needy persons.’’. 9831 et seq.), Healthy Start agencies under High School. As foot soldiers of the section 301 of the Public Health Service Act By Mrs. CLINTON (for herself, first true test of Brown v. Board of (42 U.S.C. 241), and State agencies and local Mr. WELLSTONE, and Mr. DODD): Education, the Little Rock Nine will agencies providing assistance under the spe- S. 584. A bill to designate the United always be American heroes. And so will cial supplemental nutrition program for States courthouse located at 40 Centre Thurgood Marshall, whose brilliance women, infants, and children established Street in New York, New York, as the and persistence in the courtroom made under section 17 of the Child Nutrition Act of ‘‘Thurgood Marshall United States possible the eventual success of the 1966 (42 U.S.C. 1786); ‘‘(iii) local agencies that operate child nu- Courthouse’’; to the Committee on En- civil rights movement, as it took root trition programs (as those terms are defined vironment and Public Works. in small towns and large cities all in section 25(b) of the Richard B. Russell Na- Mrs. CLINTON. Mr. President, it is across America. tional School Lunch Act (42 U.S.C. 1769f(b)); an honor to be here today in order to Thurgood Marshall was a role model and join my colleague Congressman ELIOT to all who knew him in the way that he ‘‘(iv) other organizations designated by the ENGEL and other members of the New carried himself and treated his cowork- Secretary York Delegation in introducing a bill ers and friends. He was known for his ‘‘(B) GEOGRAPHICAL DISTRIBUTION OF RECIPI- that would designate the U.S. Court- casualness, and his ability to put peo- ENTS.— ple at ease. And he enjoyed life—his ‘‘(i) IN GENERAL.— Subject to clause (ii), house situated at 40 Centre Street in the Secretary shall select, from all eligible New York City the Thurgood Marshall son, Thurgood Marshall, Jr., has shared applications, at least 1 recipient to receive a United States Courthouse. with me the love his father held for grant under this subsection from— The courthouse on 40 Centre Street is New York City and the joy he found ‘‘(I) each region of the Department of Agri- the site where Thurgood Marshall there. I had the privilege of attending culture; and served from 1961 to 1965 during his ten- his memorial service, and saw that 85 ‘‘(II) in addition to recipients selected ure on the U.S. Second Circuit Court of of his former law clerks were there. under subclause (I), each rural or urban area This is a great testament to Thurgood determined to be appropriate by the Sec- Appeals. For over 30 years of his life, retary. Thurgood Marshall worked in New Marshall, and I believe they, and all ‘‘(ii) EXCEPTION.—The Secretary shall not York, first as chief counsel of the the good works they do, may be one of be required to award grants based on the NAACP, and later as a Justice on the his greatest legacies. geographical guidelines under clause (i) to Second Circuit Court of Appeals. New Yorkers will be proud to have a the extent that the Secretary determines President Kennedy nominated courthouse named after a man who that an insufficient number of eligible grant Thurgood Marshall to serve on the fed- committed himself to attaining equal applications has been received. eral bench in a recess appointment—at opportunity for every American. For ‘‘(3) CRITERIA.—The Secretary shall de- velop criteria for awarding grants under the time there was resistance to an Af- many years of his life, Thurgood Mar- paragraph (1) that are based on— rican American being named to the shall was denied access to the institu- ‘‘(A) the demonstrated record of an organi- federal appeals court. Robert Kennedy tions, restaurants and hotels in New zation in serving low-income households; was Thurgood Marshall’s sponsor, and York City and elsewhere. But he al- ‘‘(B) the ability of an organization to reach sat beside him in a show of support ways found an open door at the court- hard-to-serve households; throughout his confirmation hearing. house, and he never gave up on his be- ‘‘(C) the level of innovation in the pro- The Senate eventually confirmed his lief that he could right the nation’s posals submitted in the application of an or- wrongs through the courts. There could ganization for a grant; and nomination. ‘‘(D) the development of partnerships be- Later, President Johnson went on to not be a more fitting tribute than to tween the public and private sector entities name Justice Marshall Solicitor Gen- name a courthouse in New York City, a and the community. eral of the United States, and then to city at the forefront of so many na- ‘‘(4) ADMINISTRATION.— nominate him as the first African tional and global movements, after ‘‘(A) ADMINISTRATIVE COSTS.—Not more American to serve on the United States Thurgood Marshall, an American hero than 5 percent of the funds made available Supreme Court. There, he became one and visionary whose work embodies the for the grant program under paragraph (5) of the most influential and respected spirit of our country. shall be used by the Secretary for adminis- justices of this past century. In a trib- I ask unanimous consent that the trative costs incurred in carrying out this text of the bill be printed in the subsection. ute to Justice Marshall, Chief Justice ECORD ‘‘(B) PROGRAM EVALUATIONS.— Rehnquist said: R . ‘‘(i) IN GENERAL.—The Secretary shall con- Inscribed above the front entrance to the There being no objection, the mate- duct evaluations of programs funded by Supreme Court building are the words rial was ordered to be printed in the grants under this subsection. ‘‘Equal Justice Under Law.’’ Surely, no one RECORD, as follows: ‘‘(ii) LIMITATION.—Not more than 20 per- individual did more to make these words a S. 584 cent of funds made available for the grant reality than Thurgood Marshall. Be it enacted by the Senate and House of Rep- program under paragraph (5) shall be used It is amazing to think that a little resentatives of the United States of America in for program evaluations under clause (i). boy who grew up under the iron grip of Congress assembled, ‘‘(5) FUNDING.—Of funds made available Jim Crow, a talented student who was SECTION 1. DESIGNATION OF THURGOOD MAR- under section 18 for each of fiscal years 2001 SHALL UNITED STATES COURT- and 2002, the Secretary shall use $10,000,000 denied admission to the University of HOUSE. to carry out the grant program under this Maryland’s Law School because of his The United States courthouse located at 40 subsection.’’. race and went on to graduate at the top Centre Street in New York, New York, shall

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.033 pfrm03 PsN: S21PT1 S2668 CONGRESSIONAL RECORD — SENATE March 21, 2001 be known and designated as the ‘‘Thurgood succeeded despite the predictions of sponsibilities as mandated in Chile’s Marshall United States Courthouse’’. some that America could not compete Constitution. American investment SEC. 2. REFERENCES. in today’s global economy. and trade cay play a critical role in Any reference in a law, map, regulation, As I said last year, with the success building on Chile’s political and eco- document, paper, or other record of the of NAFTA as a backdrop, it is now high nomic successes. United States to the United States court- time to move forward and expand the house referred to in section 1 shall be deemed It is unrealistic to think that the to be a reference to the Thurgood Marshall free trade zone to other countries in President will have the ability to nego- United States Courthouse. our hemisphere. To help accomplish tiate a free trade agreement without The PRESIDING OFFICER. The Sen- that important goal, my legislation fast track authority. Nor should we ask ator from Connecticut. will authorize and enable the President Chilean authorities to conduct negotia- Mr. DODD. Mr. President, I commend to move forward with negotiations on a tions under such circumstances. There- my colleagues from New York and our free trade agreement with Chile. fore, the bill I am introducing today President Bush has stated time and colleagues in the House, Congressman will provide President Bush with a lim- again that he wants to increase ties ENGEL, for their introduction of this ited fast track authority which will with Latin America and more fully en- bill. I compliment my friend from New apply only to this specific treaty. I be- gage our neighbors to the South. West- York for her wonderful remarks about lieve that fast track is key to enabling ern Hemisphere trade ministers are Thurgood Marshall, who has been an the President to negotiate the most ad- planning to develop a draft proposal for inspiration for a generation of us who vantageous trade agreements, and a Free Trade Area of the Americas at grew up watching him change the law should therefore be re-authorized. At their ministerial meeting in Buenos of this country, making a difference in this point, however, there are stum- Aires in April. This draft will then be the lives of millions and millions of bling blocks we must surmount before considered by Western Hemisphere people but also for generations to generic fast track can be re-authorized. leaders at the third Summit of the come, who will remember and reflect Those stumbling blocks should not be Americas in Quebec City at the end of on his work as an inspiration in their allowed to stand in the way of free that month. I hope that this summit time to redress the wrongs of their age. trade with Chile. It is appropriate, proper, and fitting bears fruit. Indeed, I have been work- Naysayers claim that free trade that this building in New York that ing toward a free trade agreement of prompts American business to move houses the Federal judiciary be named the Americas for many years. We overseas and costs American workers for such an inspiring figure of our should quickly take the first step to- their jobs. They will tell you that times. ward economic integration with our I commend the Senator from New Southern neighbors by including Chile, America, the Nation with the largest York for offering this, for her words who has been in negotiations to join and strongest economy, the best work- today, and my compliments to NAFTA since early January, in our ers, and the greatest track record of in- Thurgood Marshall’s family. Thurgood North American trade agreement. novation cannot compete with other Marshall, Jr. has been a great friend to Chile is surely worthy of membership nations. in NAFTA. In fact, Chile has already many of us here and has been a wonder- The past 61⁄2 years since we ratified ful public servant in his own right. He signed a free trade agreement with NAFTA have proven them wrong. carries on the great tradition his fa- Canada in 1996. And, in addition, Chile Today, tariffs are down and exports are ther carried as a judge and Member of has also put in place a free trade agree- up. The environment in North America the U.S. Supreme Court. ment with Mexico. After a brief slow- is cleaner. Most importantly, NAFTA I ask unanimous consent I be allowed down last year, today the Chilean econ- has created 710,000 new American jobs to be a cosponsor of this bill. omy is growing at a healthy annual all across the Nation. rate of more than 6 percent. Chile is The PRESIDING OFFICER. Without The many successes of NAFTA are an objection, it is so ordered. noted for its concern for preserving the environment, and has put in place envi- indication of the potential broader free The Senator from Minnesota. trade agreements hold for our econ- Mr. WELLSTONE. Mr. President, I ronmental protections that are laud- omy. Furthermore, trade and economic thank Senator CLINTON for her words able. Chile’s fiscal house is in order as relationships foster American influ- about Thurgood Marshall. I certainly evidenced by a balanced budget, strong ence and support our foreign policy. In also would like to be a cosponsor of currency, strong foreign reserves, and other words, this bill represents new this. I recommend on the floor of the continued inflows of foreign capital, in- American jobs in every state in the na- Senate, if it is appropriate, Juan Wil- cluding significant direct investment. tion, a stronger American economy and liams’ wonderful biography of In addition, Chile has already em- greater American influence in our own Thurgood Marshall that I read about 6 braced the ideals of free trade. Since Hemisphere. I urge my colleagues to months ago, which was a very inspiring 1998, the Chilean tariff on goods from support this bill. biography because it was about such an countries with which Chile does not inspiring civil rights leader and great yet have a free trade agreement has judge. fallen from 11 percent to 8 percent. By Mr. CONRAD (for himself, Mr. I thank the Senator from New York That tariff is scheduled to continue to THOMAS, Mr. DASCHLE, Mr. for her remarks. fall by a point a year until it reaches 6 JOHNSON, and Mr. ROBERTS): percent in 2003. While some goods are S. 587. A bill to amend the Public By Mr. DODD: still assessed at a higher rate, the Health Service Act and title XVIII of S. 586. A bill to authorize negotiation United States does a brisk export busi- the Social Security Act to sustain ac- for the accession of Chile to the North ness to Chile, sending approximately cess to vital emergency medical serv- American Free Trade Agreement, to $3.6 billion in American goods to that ices in rural areas; to the Committee provide for fast track consideration, South American nation. That rep- on Finance. and for other purposes; to the Com- resents 24 percent of Chile’s imports. mittee on Finance. That $3.6 billion in exports represents Mr. CONRAD. Mr. President, today I Mr. DODD. Mr. President, I rise thousands of American jobs across the am introducing the Sustaining Access today to reintroduce legislation I au- Nation. to Vital Emergency Medical Services thored last year to enable the Presi- Our firm belief in the importance of Act of 2001. This bill would take impor- dent to admit Chile into NAFTA. Near- democracy continues to drive our for- tant steps to strengthen the emergency ly 6 years ago, a bipartisan majority of eign policy. After seventeen years of medical service system in rural com- this body ratified the North American dictatorship, Chile returned to the munities and across the Nation. Free Trade Agreement. Since then the family of democratic nations following Across America, emergency medical promises of new jobs, increased ex- the 1988 plebiscite. Today, the Presi- care reduces human suffering and saves ports, lower tariffs and a clearer envi- dent and the legislature are both popu- lives. According to recent statistics, ronment have all been realized. In larly elected and the Chilean armed the average U.S. citizen will require other words, Mr. President, NAFTA has forces effectively carry out their re- the services of an ambulance at least

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.040 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2669 twice during his or her life. As my col- did not include ambulance services ees can use these funds for recruiting leagues surely know, delays in receiv- within the definition of ‘‘emergency volunteers, training emergency per- ing care can mean the difference be- services.’’ Because of this oversight, sonnel, using new technologies to edu- tween illness and permanent injury, be- ambulance providers are sometimes cate providers, acquiring EMS vehicles tween life and death. In rural commu- left in the difficult position of pro- such as ambulances and acquiring nities, which often lack access to local viding services to individuals who, by emergency medical equipment. I think health care services, the need for reli- any rational review, appear to need im- it is important to note that all of the able EMS is particularly critical. mediate medical attention. However, above eligible uses of funds were pri- Over the next few decades, the need when it is later determined that the ority concerns of State EMS Directors for quality emergency medical care in patient’s symptoms were the result of in a recently conducted Rural EMS rural areas is projected to increase as heartburn, for example, rather than a Survey with recruitment and retention the elderly population in these commu- serious heart condition, the ambulance ranking as number one. nities continues to rise. Unfortunately, provider is denied payment for serv- The second part of this legislation while the need for effective EMS sys- ices. This is simply unfair. applies the prudent layperson standard tems may increase, we have seen the While it is certainly important that for emergency services currently used number of individuals able to provide EMS providers take care not to provide in hospital emergency rooms to ambu- these services decline. Nationwide, the unnecessary services, it is unfair to lance services. This provision will as- majority of emergency medical per- deny ambulance providers payment sist ambulance providers in collecting sonnel are unpaid volunteers. As rural when they provide immediate emer- payments for transporting patients to economies continue to suffer, and indi- gency services to individuals who ap- the hospital after answering a 911 call viduals have less and less time to de- pear tin serious need of medical care. regardless of the final diagnosis. This vote to volunteering, it has become in- In my State, EMS providers are oper- is a common sense approach and en- creasingly difficult for rural EMS ating on tight budgets and cannot af- sures that all aspects of emergency squads to recruit and retain personnel. ford to provide high levels of uncom- care are operating under the same defi- In my State of North Dakota, this phe- pensated care. To ensure EMS services nition of emergency. nomenon has resulted in a sharp reduc- remain available, particularly in un- I believe this legislation is an impor- tion in EMS squad size. In 1980, on av- derserved rural areas, we must ensure tant part of ensuring rural residents erage there were 35 members per EMS that EMS providers are appropriately have access to emergency services. It is squad; today, the average squad size reimbursed for the care they provide to also flexible so communities can decide has plummeted to 12 individuals per our communities. For this reason, my for themselves what is their most im- unit. I am concerned that continued re- legislation would revise the ‘‘prudent minent EMS need. Our bill is supported ductions in EMS squad size could jeop- layperson’’ definition to include ambu- by the National Association of State ardize rural residents’ access to needed lance services. This change will ensure EMS Directors, the National Rural medical services. that ambulance providers who provide Health Association and the American For this reason, the legislation I am care in situations where a responsible Ambulance Association. I strongly introducing today includes measures to observer would deem this care medi- urge all my colleagues interested in help communities recruit, retain, and cally necessary receive reimbursement rural health to consider cosponsoring train EMS providers. My bill would es- under traditional Medicare, ‘‘The Sustaining Access to Vital Emer- tablish a Rural Emergency Medical Medicare+Choice, and Medicaid man- gency Medical Services Act of 2001.’’ Services Training and Equipment As- aged care. sistance program. This program would It is my hope that the Sustaining Ac- By Mr. JEFFORDS (for himself, authorize $50 million in grant funding cess to Vital Emergency Medical Serv- Mr. BREAUX, Mr. FRIST, Mrs. for fiscal years 2002–2007, which could ices Act will help ensure EMS pro- LINCOLN, Ms. SNOWE, Mr. be used in rural EMS squads to meet viders can continue providing quality CHAFEE, and Mr. CARPER): various personnel needs. For example, medical care to our communities. I am S. 590. A bill to amend the Internal this funding could help cover the costs happy to say that this legislation is Revenue Code of 1986 to allow a refund- of training volunteers in emergency re- supported by the National Association able tax credit for health insurance sponse, injury prevention, and safety of State EMS Directors, the National costs, and for other purposes; to the awareness; volunteers could also access Rural Health Association, and the Committee on Finance. this funding to help meet the costs of American Ambulance Association. I am Mr. JEFFORDS. Mr. President, obtaining State emergency medical also pleased that Senators THOMAS, today, I am pleased to join with my certification. In addition, EMS squads DASCHLE, JOHNSON, and others are join- colleagues in introducing the Relief, would be offered the flexibility to use ing me in this effort. I urge my col- Equity, Access, and Coverage for grant funding to acquire new equip- leagues to support this important piece Health, REACH, Act, a bipartisan bill ment, such as cardiac defibrillators. of legislation. that will provide low and middle in- This is particularly important for rural Mr. THOMAS. Mr. President, I am come Americans with refundable tax squads that have difficulty affording pleased to rise today to introduce ‘‘The credits for the purchase of health in- state-of-the-art equipment that is Sustaining Access to Vital Emergency surance coverage. needed for stabilizing patients during Medical Services Act of 2001’’ with Sen- New Census Bureau data indicate long travel times between the rural ac- ators CONRAD, DASCHLE, ROBERTS and that there are now 43 million Ameri- cident site and the nearest medical fa- JOHNSON. As with all rural health legis- cans with no health coverage. And, for cility. This grant funding could also be lation I have worked on, I am proud of the third straight year, insurance pre- used to provide community education the bipartisan effort behind this bill. miums for employer-sponsored cov- training in CPR, first aid or other ‘‘The Sustaining Access to Vital erage have increased significantly, by emergency medical needs. Emergency Medical Services Act of as much as 10 to 13 percent. We know In addition, this legislation takes 2001’’ will provide assistance to rural from past experience that premium in- steps to help ensure emergency med- providers to maintain access to impor- creases cause people to lose their ical providers are fairly reimbursed for tant emergency medical services, EMS. health insurance. By some estimates, ambulance services provided to Medi- This legislation is necessary because as many as 3 million Americans will care, Medicare+Choice, and Medicaid rural EMS providers are primarily vol- lose coverage for every 10 percent in- managed care beneficiaries. As you unteers who have difficulty recruiting, crease in premiums. may know, the Balanced Budget Act retaining and educating EMS per- With premiums increasing and the required that Medicare+Choice and sonnel. Rural EMS providers also have economy uncertain, the problem could Medicaid managed care plans provide less capital to buy and upgrade essen- worsen. The impact of these numbers is payment for emergency services that a tial, life-saving equipment. very real for American families. The ‘‘prudent layperson’’ would determine The first section of this legislation is uninsured often go without needed are medically needed. However, regula- the authorization of an annual $50 mil- health care or face unaffordable med- tions implementing this requirement lion competitive grant program. Grant- ical bills. Access to health coverage for

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.043 pfrm03 PsN: S21PT1 S2670 CONGRESSIONAL RECORD — SENATE March 21, 2001 the uninsured must be one of our na- Revenue Code of 1986 (relating to refundable ‘‘(1) IN GENERAL.—The term ‘coverage tion’s top priorities. personal credits) is amended by redesig- month’ means, with respect to an individual, The REACH tax credit is targeted to nating section 35 as section 36 and inserting any month if— those who are most in need of help, after section 34 the following new section: ‘‘(A) as of the first day of such month such individual is covered by qualified health in- Americans who earn too much to qual- ‘‘SEC. 35. HEALTH INSURANCE COSTS. surance, and ify for public programs, but neverthe- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of ‘‘(B) the premium for coverage under such less struggle to pay for health insur- an individual, there shall be allowed as a insurance, or any portion of the premium, ance. Without additional resources, credit against the tax imposed by this sub- for such month is paid by the taxpayer. health insurance coverage is either be- title for the taxable year an amount equal to ‘‘(2) EXCLUSION OF MONTHS IN WHICH INDI- yond their reach or only purchased by the amount paid by the taxpayer during the VIDUAL IS ELIGIBLE FOR COVERAGE UNDER CER- giving up other basic necessities of life. taxable year for qualified health insurance TAIN HEALTH PROGRAMS.—Such term shall for the taxpayer and the taxpayer’s spouse not include any month during a taxable year The REACH Act makes a refundable and dependents. tax credit available to more than 20 with respect to an individual if, as of the ‘‘(b) LIMITATIONS.— first day of such month, such individual is million Americans who do not have ac- ‘‘(1) MAXIMUM DOLLAR AMOUNT.— eligible— cess to employer-sponsored insurance ‘‘(A) IN GENERAL.—The amount allowed as ‘‘(A) for any benefits under title XVIII of and who are ineligible for public pro- a credit under subsection (a) to the taxpayer the Social Security Act, grams. The amount of the credit for for the taxable year shall not exceed the sum ‘‘(B) to participate in the program under this group is $1,000 for individuals with of the monthly limitations for coverage title XIX or XXI of such Act. adjusted gross incomes of up to $35,000 months during such taxable year. ‘‘(C) for benefits under chapter 17 of title to purchase self-only coverage, and ‘‘(B) MONTHLY LIMITATION.—The monthly 38, United States Code, $2,500 for taxpayers with an AGI of up limitation for each coverage month during ‘‘(D) for benefits under chapter 55 of title the taxable year is the amount equal to 1⁄12 10, United States Code, to $55,000 to purchase family coverage. of— ‘‘(E) to participate in the program under We also want to help hard working ‘‘(i) in the case of self-only coverage, $1,000, chapter 89 of title 5, United States Code, or Americans who have access to em- and any similar program for State or local gov- ployer-subsidized insurance, but have ‘‘(ii) in the case of family coverage, $2,500. ernment employees, or difficulty paying for their share of the ‘‘(C) LIMITATION FOR EMPLOYEES WITH EM- ‘‘(F) for benefits under any medical care premiums. Over 7 million Americans PLOYER SUBSIDIZED COVERAGE.—In the case of program under the Indian Health Care Im- decline insurance offered by their em- an individual who is eligible to participate in provement Act or any other provision of law. ployers. To relieve their financial bur- any subsidized health plan (within the mean- ‘‘(3) EXCLUSION OF MONTHS IN WHICH INDI- den, the REACH Act provides a refund- ing of section 162(l)(2)) maintained by any VIDUAL IS IMPRISONED.—Such term shall not employer of the taxpayer or of the spouse of include any month with respect to an indi- able tax credit of $400 for the purchase the taxpayer for any coverage month, sub- vidual if, as of the first day of such month, of self-only coverage and $1,000 for the paragraph (B) shall be applied by sub- such individual is imprisoned under Federal, purchase of family coverage under the stituting ‘$400’ for ‘$1,000’ and ‘$1,000’ for State, or local authority. employer’s group health plan. ‘$2,500’ for such month. ‘‘(d) QUALIFIED HEALTH INSURANCE.—For Initial estimates indicate this legis- ‘‘(2) PHASEOUT OF CREDIT.— purposes of this section, the term ‘qualified lation will provide coverage to more ‘‘(A) IN GENERAL.—The amount which health insurance’ means health insurance than 10 million Americans who are would (but for this paragraph) be taken into coverage (as defined in section 9832(b)(1)), in- presently uninsured. In addition, it will account under subsection (a) shall be reduced cluding coverage under a COBRA continu- (but not below zero) by the amount deter- give needed financial relief to over 60 ation provision (as defined in section mined under subparagraph (B). 9832(d)(1)). million low and moderate income ‘‘(B) AMOUNT OF REDUCTION.—The amount working Americans who are using their determined under this subparagraph is the ‘‘(e) MEDICAL SAVINGS ACCOUNT CONTRIBU- own scarce dollars to buy health insur- amount which bears the same ratio to the TIONS.— ance coverage today. amount which would be so taken into ac- ‘‘(1) IN GENERAL.—If a deduction would (but The REACH Act provides a bipar- count for the taxable year as— for paragraph (2)) be allowed under section 220 to the taxpayer for a payment for the tisan, market-based solution to a com- ‘‘(i) the excess of— ‘‘(I) the taxpayer’s modified adjusted gross taxable year to the medical savings account plex problem. It will bolster the private of an individual, subsection (a) shall be ap- health insurance market and strength- income for the preceding taxable year, over ‘‘(II) $35,000 ($55,000 in the case of family plied by treating such payment as a payment en employer-sponsored coverage, the coverage), bears to for qualified health insurance for such indi- cornerstone of our nation’s health care ‘‘(ii) $10,000. vidual. ‘‘(2) DENIAL OF DOUBLE BENEFIT.—No deduc- system. While this legislation will not ‘‘(C) MODIFIED ADJUSTED GROSS INCOME.— solve the entire problem, it is clearly a The term ‘modified adjusted gross income’ tion shall be allowed under section 220 for substantial step in the right direction. means adjusted gross income determined— that portion of the payments otherwise al- lowable as a deduction under section 220 for I will continue to work with my col- ‘‘(i) without regard to this section and sec- tions 911, 931, and 933, and the taxable year which is equal to the leagues to tackle this problem on other amount of credit allowed for such taxable fronts, including strengthening the ‘‘(ii) after application of sections 86, 135, 137, 219, 221, and 469. year by reason of this subsection. safety net, working to make Medicaid ‘‘(3) COORDINATION WITH DEDUCTION FOR ‘‘(f) SPECIAL RULES.— and SCHIP more effective programs, HEALTH INSURANCE COSTS OF SELF-EMPLOYED ‘‘(1) COORDINATION WITH MEDICAL EXPENSE and fighting to provide a prescription INDIVIDUALS.—In the case of a taxpayer who DEDUCTION.—The amount which would (but drug benefit for Medicare beneficiaries. is eligible to deduct any amount under sec- for this paragraph) be taken into account by I look forward to working with my tion 162(l) for the taxable year, this section the taxpayer under section 213 for the tax- colleagues on enacting the REACH Act shall apply only if the taxpayer elects not to able year shall be reduced by the credit (if into law this year. I ask unanimous claim any amount as a deduction under such any) allowed by this section to the taxpayer consent that the text of the bill be section for such year. for such year. ‘‘(4) INFLATION ADJUSTMENT.— ‘‘(2) DENIAL OF CREDIT TO DEPENDENTS.—No printed in the RECORD. ‘‘(A) IN GENERAL.—In the case of any tax- credit shall be allowed under this section to There being no objection, the bill was able year beginning after 2002, each of the any individual with respect to whom a de- ordered to be printed in the RECORD, as dollar amounts referred to in paragraphs duction under section 151 is allowable to an- follows: (1)(B), (1)(C), and (2)(B) shall be increased by other taxpayer for a taxable year beginning S. 590 an amount equal to— in the calendar year in which such individ- Be it enacted by the Senate and House of Rep- ‘‘(i) such dollar amount, multiplied by ual’s taxable year begins. resentatives of the United States of America in ‘‘(ii) the cost-of-living adjustment deter- ‘‘(3) COORDINATION WITH ADVANCE PAY- Congress assembled, mined under section (1)(f)(3) for the calendar MENT.—Rules similar to the rules of section SECTION 1. SHORT TITLE. year in which the taxable year begins, by 32(g) shall apply to any credit to which this This Act may be cited as the ‘‘Relief, Eq- substituting ‘2001’ for ‘1992’. section applies. uity, Access, and Coverage for Health ‘‘(B) ROUNDING.—If any amount as adjusted ‘‘(g) EXPENSES MUST BE SUBSTANTIATED.— (REACH) Act’’. under subparagraph (A) is not a multiple of A payment for insurance to which subsection SEC. 2. REFUNDABLE HEALTH INSURANCE COSTS $50, such amount shall be rounded to the (a) applies may be taken into account under CREDIT. nearest multiple of $50. this section only if the taxpayer substan- (a) IN GENERAL.—Subpart C of part IV of ‘‘(c) COVERAGE MONTH DEFINED.—For pur- tiates such payment in such form as the Sec- subchapter A of chapter 1 of the Internal poses of this section— retary may prescribe.

VerDate 21-MAR-2001 03:16 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.121 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2671

‘‘(h) REGULATIONS.—The Secretary shall make a return under subsection (a) shall fur- (2) Paragraph (2) of section 1324(b) of title prescribe such regulations as may be nec- nish to each individual whose name is re- 31, United States Code, is amended by insert- essary to carry out the purposes of this sec- quired under subsection (b)(2)(A) to be set ing before the period ‘‘, or from section 35 of tion, including regulations under which— forth in such return a written statement such Code’’. ‘‘(1) an awareness campaign is established showing— (3) The table of sections for subpart C of to educate the public, employers, insurance ‘‘(1) the name and address of the person re- part IV of subchapter A of chapter 1 of the issuers, and agents or others who market quired to make such return and the phone Internal Revenue Code of 1986 is amended by health insurance about the requirements and number of the information contact for such striking the last item and inserting the fol- procedures under this section, including— person, lowing new items: ‘‘(A) criteria for insurance products and ‘‘(2) the aggregate amount of payments de- ‘‘Sec. 35. Health insurance costs. group health coverage which constitute scribed in subsection (a) received by the per- qualified health insurance under this sec- son required to make such return from the ‘‘Sec. 36. Overpayments of tax.’’. tion, individual to whom the statement is re- (4) The table of sections for subchapter B ‘‘(B) procedures by which employers who quired to be furnished, of chapter 75 of the Internal Revenue Code of do not offer health insurance coverage to ‘‘(3) the information required under sub- 1986 is amended by adding at the end the fol- their employees may assist such employees section (b)(2)(B) with respect to such pay- lowing new item: in securing qualified health insurance, and ments, and ‘‘(4) the qualified health insurance credit ‘‘Sec. 7276. Penalties for offenses relating to ‘‘(C) guidelines for marketing schemes and health insurance tax credit.’’. practices which are appropriate and accept- advance amount (as defined in section able in connection with the credit under this 7527(e)) received by such person with respect (e) EFFECTIVE DATES.— section, and to the individual described in paragraph (2). (1) IN GENERAL.—Except as provided in ‘‘(2) periodic reviews or audits of health in- The written statement required under the paragraph (2), the amendments made by this surance policies and group health plans (and preceding sentence shall be furnished on or section shall apply to taxable years begin- related promotional marketing materials) before January 31 of the year following the ning after December 31, 2001. which are marketed to eligible taxpayers calendar year for which the return under (2) PENALTIES.—The amendments made by under this section are conducted for the pur- subsection (a) is required to be made. subsections (c) and (d)(4) shall take effect on pose of determining— ‘‘(e) RETURNS WHICH WOULD BE REQUIRED the date of the enactment of this Act. ‘‘(A) whether such policies and plans con- TO BE MADE BY 2 OR MORE PERSONS.—Except SEC. 3. ADVANCE PAYMENT OF CREDIT TO stitute qualified health insurance under this to the extent provided in regulations pre- ISSUERS OF QUALIFIED HEALTH IN- SURANCE. section, and scribed by the Secretary, in the case of any (a) IN GENERAL.—Chapter 77 of the Internal ‘‘(B) whether offenses described in section amount received by any person on behalf of another person, only the person first receiv- Revenue Code of 1986 (relating to miscella- 7276 occur.’’. neous provisions) is amended by adding at (b) INFORMATION REPORTING.— ing such amount shall be required to make the return under subsection (a).’’. the end the following new section: (1) IN GENERAL.—Subpart B of part III of subchapter A of chapter 61 of such Code (re- (2) ASSESSABLE PENALTIES.— ‘‘SEC. 7527. ADVANCE PAYMENT OF HEALTH IN- (A) Subparagraph (B) of section 6724(d)(1) SURANCE CREDIT TO ISSUERS OF lating to information concerning trans- QUALIFIED HEALTH INSURANCE. actions with other persons) is amended by of such Code (relating to definitions) is amended by redesignating clauses (xi) ‘‘(a) GENERAL RULE.—In the case of an eli- inserting after section 6050S the following through (xvii) as clauses (xii) through (xviii), gible individual, the Secretary shall make new section: respectively, and by inserting after clause (x) payments to the health insurance issuer of ‘‘SEC. 6050T. RETURNS RELATING TO PAYMENTS the following new clause: such individual’s qualified health insurance FOR QUALIFIED HEALTH INSUR- ‘‘(xi) section 6050T (relating to returns re- equal to such individual’s qualified health ANCE. insurance credit advance amount with re- ‘‘(a) IN GENERAL.—Any person who, in con- lating to payments for qualified health in- surance),’’. spect to such issuer. nection with a trade or business conducted ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of by such person, receives payments during (B) Paragraph (2) of section 6724(d) of such this section, the term ‘eligible individual’ any calendar year from any individual for Code is amended by striking ‘‘or’’ at the end means any individual— coverage of such individual or any other in- of the next to last subparagraph, by striking ‘‘(1) who purchases qualified health insur- dividual under creditable health insurance, the period at the end of the last subpara- ance (as defined in section 35(c)), and shall make the return described in sub- graph and inserting ‘‘, or’’, and by adding at ‘‘(2) for whom a qualified health insurance section (b) (at such time as the Secretary the end the following new subparagraph: credit eligibility certificate is in effect. may by regulations prescribe) with respect ‘‘(BB) section 6050T(d) (relating to returns ‘‘(c) HEALTH INSURANCE ISSUER.—For pur- to each individual from whom such pay- relating to payments for qualified health in- poses of this section, the term ‘health insur- ments were received. surance).’’. ance issuer’ has the meaning given such ‘‘(b) FORM AND MANNER OF RETURNS.—A re- (3) CLERICAL AMENDMENT.—The table of term by section 9832(b)(2) (determined with- turn is described in this subsection if such sections for subpart B of part III of sub- out regard to the last sentence thereof). return— chapter A of chapter 61 of such Code is ‘‘(d) QUALIFIED HEALTH INSURANCE CREDIT ‘‘(1) is in such form as the Secretary may amended by inserting after the item relating ELIGIBILITY CERTIFICATE.—For purposes of prescribe, and to section 6050S the following new item: this section, a qualified health insurance ‘‘(2) contains— ‘‘Sec. 6050T. Returns relating to payments credit eligibility certificate is a statement ‘‘(A) the name, address, and TIN of the in- for qualified health insur- furnished by an individual to a qualified dividual from whom payments described in ance.’’. health insurance issuer which— subsection (a) were received, (c) CRIMINAL PENALTY FOR FRAUD.—Sub- ‘‘(1) certifies that the individual will be eli- ‘‘(B) the name, address, and TIN of each in- chapter B of chapter 75 of such Code (relat- gible to receive the credit provided by sec- dividual who was provided by such person ing to other offenses) is amended by adding tion 35 for the taxable year, with coverage under creditable health insur- at the end the following new section: ‘‘(2) estimates the amount of such credit ance by reason of such payments and the pe- ‘‘SEC. 7276. PENALTIES FOR OFFENSES RELATING for such taxable year, and riod of such coverage, TO HEALTH INSURANCE TAX CRED- ‘‘(3) provides such other information as the ‘‘(C) the aggregate amount of payments de- IT. Secretary may require for purposes of this scribed in subsection (a), ‘‘Any person who knowingly misuses De- section. ‘‘(D) the qualified health insurance credit partment of the Treasury names, symbols, ‘‘(e) QUALIFIED HEALTH INSURANCE CREDIT advance amount (as defined in section titles, or initials to convey the false impres- ADVANCE AMOUNT.—For purposes of this sec- 7527(e)) received by such person with respect sion of association with, or approval or en- tion, the term ‘qualified health insurance to the individual described in subparagraph dorsement by, the Department of the Treas- credit advance amount’ means, with respect (A), and ury of any insurance products or group to any qualified health insurance issuer of ‘‘(E) such other information as the Sec- health coverage in connection with the cred- qualified health insurance, an estimate of retary may reasonably prescribe. it for health insurance costs under section 35 the amount of credit allowable under section ‘‘(c) CREDITABLE HEALTH INSURANCE.—For shall on conviction thereof be fined not more 35 to the individual for the taxable year purposes of this section, the term ‘creditable than $10,000, or imprisoned not more than 1 which is attributable to the insurance pro- health insurance’ means qualified health in- year, or both.’’. vided to the individual by such issuer. surance (as defined in section 35(d)) other (d) CONFORMING AMENDMENTS.— ‘‘(f) REQUIRED DOCUMENTATION FOR RECEIPT than, to the extent provided in regulations (1) Section 162(l) of the Internal Revenue OF PAYMENTS OF ADVANCE AMOUNT.—No pay- prescribed by the Secretary, any insurance Code of 1986 is amended by adding at the end ment of a qualified health insurance credit covering an individual if no credit is allow- the following new paragraph: advance amount with respect to any eligible able under section 35 with respect to such ‘‘(6) ELECTION TO HAVE SUBSECTION APPLY.— individual may be made under subsection (a) coverage. No deduction shall be allowed under para- unless the health insurance issuer provides ‘‘(d) STATEMENTS TO BE FURNISHED TO INDI- graph (1) for a taxable year unless the tax- to the Secretary— VIDUALS WITH RESPECT TO WHOM INFORMA- payer elects to have this subsection apply for ‘‘(1) the qualified health insurance credit TION IS REQUIRED.—Every person required to such year.’’. eligibility certificate of such individual, and

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.044 pfrm03 PsN: S21PT1 S2672 CONGRESSIONAL RECORD — SENATE March 21, 2001 ‘‘(2) the return relating to such individual given for the lack of purchasing cov- vidual Development Accounts, and for under section 6050T. erage. Many Americans simply cannot other purposes; to the Committee on ‘‘(g) REGULATIONS.—The Secretary shall afford to buy health insurance. Finance. prescribe such regulations as may be nec- The solutions are becoming clearer Mr. SANTORUM. Mr. President, essary to carry out the purposes of this sec- tion.’’. as well. A one-size-fits-all approach to today, I am introducing with Senator (b) CLERICAL AMENDMENT.—The table of expand health coverage and access to JOE LIEBERMAN ‘‘the Savings Oppor- sections for chapter 77 of such Code is health care does not meet the various tunity and Charitable Giving Act of amended by adding at the end the following needs of the uninsured population. 2001.’’ Other bipartisan cosponsors in- new item: However, because our workforce is clude Senators HUTCHINSON, DURBIN, ‘‘Sec. 7527. Advance payment of health insur- growing and evolving out of the older BROWNBACK, LANDRIEU, LUGAR, and ance credit for purchasers of traditional models, we must look to BAYH. Within a month of the White qualified health insurance.’’. common features of the uninsured pop- House’s formation of the Office of (c) EFFECTIVE DATE.—The amendments ulation. Although more than 80 percent Faith-Based and Community Initia- made by this section shall take effect on of the uninsured individuals come from tives, we are moving the process for- January 1, 2002. families with at least one employed ward in Congress by the bipartisan in- SEC. 4. COMBINATION OF COST OF SCHIP COV- member, the majority of uninsured troduction of the key tax relief provi- ERAGE FOR A TARGETED LOW-IN- COME CHILD WITH REFUNDABLE Americans do not have access to em- sions of the President’s Faith-Based HEALTH INSURANCE COSTS CREDIT ployer-sponsored health coverage. An Initiatives including Individual Devel- TO PURCHASE FAMILY COVERAGE. additional seven million Americans opment Accounts, IDAs, which Presi- (a) IN GENERAL.—Section 2105(c)(3) of the have access to employer-provided dent Bush endorsed in his campaign as Social Security Act (42 U.S.C. 1397ee(c)(3)) is health insurance but are, in many part of the New Prosperity Initiative. amended— (1) by redesignating subparagraphs (A) and cases, unable to afford it. Therefore, Representatives J.C. WATTS, Jr. and (B) as clauses (i) and (ii), respectively, and my colleagues and I today are intro- TONY HALL will be introducing a simi- indenting such clauses appropriately; ducing the Relief, Equity, Access, and lar measure in the House of Represent- (2) by striking ‘‘Payment’’ and inserting Coverage for Health, REACH, Act to atives within the coming weeks. Bene- the following: build upon the current system of em- ficiary Choice expansion and other pro- ‘‘(A) IN GENERAL.—Payment’’; and ployer-based coverage which continues visions will be pursued in a thoughtful (3) by adding at the end the following new to be the main source of coverage for manner but on a separate track from subparagraph: most Americans. the tax provisions in the Senate. ‘‘(B) COMBINATION OF COST OF PROVIDING Our goal is to fill the coverage gaps Success in today’s new economy is CHILD HEALTH ASSISTANCE WITH REFUNDABLE defined less and less by how much you HEALTH INSURANCE COSTS TAX CREDIT.— that exist in the current system while ‘‘(i) IN GENERAL.—In the case of a targeted also complementing and expanding the earn and more and more by how much low-income child who is eligible for child reach of the employment-based system. you own, your asset base. This is great health assistance and whose parent is eligi- The central tenet of our proposal is a news for the millions of middle-class ble for the refundable health insurance costs refundable tax credit for low-income homeowners who are tapped into Amer- tax credit provided under section 35 of the Americans who are not offered a con- ica’s economic success, but it is bad Internal Revenue Code of 1986, payment may tribution for their insurance through news for those who are simply tapped be made to a State under subsection (a)(1) their employer and do not receive cov- out, those with no assets and little for payment by the State to a health insur- ance issuer that receives advance payment of erage through Federal programs such hope of accumulating the means for up- such credit on behalf of the parent under sec- as Medicaid or Medicare. For example, ward mobility and real financial secu- tion 7527 of the Internal Revenue Code of our proposal will help hard working rity. This widening asset gap was un- 1986, of an amount equal to the estimated Americans who cannot afford to buy derscored in a report issued earlier this cost of providing the child with child health coverage on their own, such as the year by the Federal Reserve. The Fed assistance for a calendar year, but only if— part-time worker who is not offered found that while the net worth of the ‘‘(I) the health insurance issuer uses the employer-sponsored health insurance. typical family has risen substantially State payment made under this subpara- We provide that worker with a $1,000 in recent years, it has actually dropped graph and the advance credit payment to provide family coverage for the parent and tax credit to purchase coverage. We substantially for low-income families. the targeted low-income child; and help a young family with two children For families with annual incomes of ‘‘(II) the State establishes to the satisfac- earning less than $50,000 a year by pro- less than $10,000, the median net worth tion of the Secretary that the conditions set viding them with a $2,500 credit to pur- dipped from $4,800 in 1995 to $3,600 in forth in clauses (i) and (ii) of subparagraph chase a health insurance policy for 1998. For families with incomes be- (A) are met. themselves and their children. In addi- tween $10,000 and $25,000, the median ‘‘(ii) DEFINITION OF HEALTH INSURANCE tion, the REACH Act also is designed net worth fell from $31,000 to $24,800 ISSUER.—In this subparagraph, the term to assist those Americans who do have over the same period. The rate of home ‘health insurance issuer’ has the meaning ownership among low-income families given such term in section 9832(b)(2) of the access to employer-subsidized health Internal Revenue Code of 1986 (determined insurance but, too often, decline it be- has dropped as well. For families mak- without regard to the last sentence there- cause they cannot afford the cost-shar- ing less than $10,000, it went from 36.1 of).’’. ing components. We provide these indi- percent to 34.5 percent from 1995 to (b) EFFECTIVE DATE.—The amendments viduals and families with up to $400 an- 1998; for those making between $10,000 made by this section take effect on January nually for single coverage or $1,000 for and $25,000, it fell from 54.9 percent to 1, 2002. themselves and their families. Overall 51.7 percent. Mr. FRIST. Mr. President, I am it is estimated that these provisions How do we reverse this troubling pleased to join Senator JEFFORDS and would expand new health insurance to trend? IDAs are the unfinished business my colleagues today in a bipartisan ef- as many as 17 million previously unin- of the Community Renewal and New fort to address the growing number of sured Americans. Markets Empowerment initiatives individuals and families without health I appreciate the work my colleagues which became law in December of 2000 insurance coverage in this country. have done on this bill, and I look for- and will increase job opportunities and The problem has been made clear. ward to seeing the REACH Act passed renew hope in what have been hopeless Despite last year’s decline in America’s into law this year. places. But to sustain this hope, we uninsured population, there are still must provide opportunities for individ- more than 43 million americans—one- By Mr. SANTORUM (for himself, uals and families to build tangible as- sixth of our Nation’s population, who Mr. LIEBERMAN, Mr. HUTCH- sets and acquire stable wealth. do not have health insurance. We know INSON, Mr. DURBIN, Mr. Our legislation is aimed at fixing our that the majority of the uninsured, 32 BROWNBACK, Ms. LANDRIEU, Mr. nation’s growing gap in asset owner- of the 44 million, earn an annual in- LUGAR, Mr. BAYH, and Mr. ship, which keeps millions of low-in- come of under $50,000. We also know DEWINE): come workers from achieving the that the rising cost of health insurance S. 592. A bill to amend the Internal American dream. Most public attention is the single most important reason Revenue Code of 1986 to create Indi- focuses on our growing income gap.

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.044 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2673 Though the booming American econ- and administrative costs incurred, $30,000 give the highest percentage of omy has delivered significant income whether directly or through collabora- their household income to charity. It is gains to the nation’s upper-income tions with other entities. Specifically, estimated that restoring this tax relief earners, lower-income workers have the IDA Tax Credit would be the aggre- provision to merely 50 percent which been left on the sidelines. This suggests gate amount of all dollar-for-dollar existed in the 1980’s would encourage to some that closing this divide be- matches provided, up to $500 per person more than $3 billion of additional char- tween the have-mosts and the have- per year, plus a one-time $100 per ac- itable giving a year. The phased in in- leasts is simply a matter of raising count credit for financial education, crease to 100 percent will result in even wages. But the reality is that the in- recruiting, marketing, administration, more additional giving. The floor is in- come gap is a symptom of a larger, withdrawals, etc., plus an annual $30 cluded because the standard personal more complicated problem. per account credit for the administra- deduction encompasses initial con- How do we do this? We believe that tive cost of maintaining the account. tributions. the marketplace can provide such op- To be eligible for the match, adjusted One important dimension of pro- portunity. Non-profit groups around gross income may not exceed $20,000, moting charitable efforts helping to re- the country have launched innovative single, $25,000, head of household, or vitalize our communities, empower in- private programs that are achieving $40,000, married. dividuals and families, and enhance great success in transforming the President Bush has expressed support educational opportunities is encour- ‘‘unbanked,’’ people who have never for IDAs in his campaign and we are aging charitable giving. This legisla- had a bank account, into unabashed working with the Administration to tion is a great opportunity to lower the capitalists. Through IDAs, banks and coordinate efforts to the fullest extent tax burden on the many Americans credit unions offer special savings ac- possible. Supporting groups include the who have not received any tax relief counts to low-income Americans and Credit Union National Association, the for their charitable contributions since match their deposits dollar-for-dollar. Financial Services Roundtable, the 1986. In return, participants take an eco- Corporation for Enterprise Develop- The IRA Charitable Rollover allows nomic literacy course and commit to ment, the National Association of individuals to roll assets from an IRA using their savings to buy a home, up- Homebuilders, the National Center for into a charity or a deferred charitable grade their education or to start a Neighborhood Enterprise, the National gift plan without incurring any income business. Federation of Community Develop- tax consequences. The donation would Thousands of people are actively sav- ment Credit Unions, the National be made to charity directly without ing today through IDA programs in Council for La Raza, and others. ever withdrawing it as income and pay- about 250 neighborhoods nationwide. In Individual Development Accounts, ing taxes on it. one demonstration project undertaken combined with other community devel- The rollover can be made as an out- by the Corporation for Enterprise De- opment and wealth creation opportuni- right gift, for a charitable remainder velopment, CFED, a leading IDA pro- ties, are a first step towards restoring annuity trust, charitable remainder moter, 1,300 families have already faith in the longstanding American unitrust or pooled income fund, or for saved $329,000, which has leveraged an promise of equal opportunity. That the issuance of a charitable annuity. additional $742,000. faith has been shaken by stark divi- The donor would not receive a chari- While the growth of IDAs has been sions of income and wealth in our soci- table deduction. This incentive should encouraging, access to IDA programs is ety. With the leadership of President assist charitable giving in education, still limited and scattered across the Bush and Speaker Hastert, I am hope- social service, and religious charitable nation. The IDA provision of this legis- ful, along with our other cosponsors, efforts. lation will expand IDA access nation- that Congress will take this first step Food banks are finding it increas- wide by providing a significant tax toward restoring the long-cherished ingly difficult to meet the demand for credit to financial institutions and American ideals of rewarding hard food assistance. In the past, food banks community groups that offer IDA ac- work, encouraging responsibility, and have benefitted from the inefficiencies counts. This credit would reimburse expanding savings opportunity this of manufacturing, including the over- banks for the first $500 of matching year. funds they contribute, thus signifi- The Non-Itemizer Charitable Deduc- production of merchandise and the cantly lowering the cost of offering tion provision will initially allow non- manufacturing of cosmetically-flawed IDAs. Other state and private funds can itemizers to deduct 50 percent of their products. However, technology has also be used to provide an additional charitable giving, after they exceed a made businesses and manufacturers match to savings. It also benefits our cumulative total of $500 in annual do- significantly more efficient. Although economy, the long-term stability of nations, $1,000 for joint filers. The de- beneficial to the company’s bottom- which is threatened by our pitiful na- duction will be phased into a 100 per- line, donations have lessened as a re- tional savings rate. In fact, according cent deduction over the course of 5 sult. The fact is that the demand on to some estimates, every $1 invested in years in 10 percent increments. Under our nation’s church pantries, soup an IDA returns $5 to the national econ- current law non-itemizers receive no kitchens and shelter continues to rise, omy. additional tax benefit for their chari- despite our economy. IDAs are matched savings accounts table contributions. According to an August 2000 report for working Americans restricted to More than 84 million Americans can- on Hunger Security by the U.S. Depart- three uses: 1. buying a first home; 2. re- not deduct any of their charitable con- ment of Agriculture, 31 million Ameri- ceiving post-secondary education or tributions because they do not itemize cans, around 10 percent of our citizens, training; or 3. starting or expanding a their tax returns. In contrast, there are are living on the edge of hunger. Al- small business. Individual and match- 34 million Americans who itemize and though this number has declined by 12 ing deposits are not co-mingled; all receive this benefit. For example, in percent since 1995, everyone agrees matching dollars are kept in a sepa- Pennsylvania, there are nearly 4 mil- that this figure remains too high. rate, parallel account. When the ac- lion taxpayers who do not itemize de- Unfortunately, many food banks can- count holder has accumulated enough ductions while slightly more than 1.5 not meet this increased demand for savings and matching funds to pur- million taxpayers do itemize. food. A December ’99 study by the U.S. chase the asset, typically over two to While Americans are already giving Conference of Mayors found that re- four years, and has completed a finan- generously to charities making a sig- quests for emergency food assistance cial education course, payments from nificant positive impact in our commu- increased by an average of 18 percent in the IDA will be made directly to the nities, this provision provides an incen- American cities over the previous year asset provider. tive for additional giving and allows and 21 percent of emergency food re- Financial institutions, or their con- non-itemizers who typically have mid- quests could not be met. Statistics by tractual affiliates, would be reim- dle to lower middle incomes to also the United States Department of Agri- bursed for all matching funds provided benefit from additional tax relief. In culture show that up to 96 billion plus a limited amount of the program fact, non-itemizers earning less than pounds of food goes to waste each year

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.119 pfrm03 PsN: S21PT1 S2674 CONGRESSIONAL RECORD — SENATE March 21, 2001 in the United States. If a small per- SUBMITTED RESOLUTIONS well as the former chairman of the centage of this wasted food could be re- Health and Hospitals Subcommittee on directed to food banks, we could make the House Veterans’ Affairs Com- important strides in our fight against SENATE RESOLUTION 61—EX- mittee, I am very concerned that to- hunger. In many ways, current law is a PRESSING THE SENSE OF THE day’s veterans’ community receive the hindrance to food donations. SENATE THAT THE SECRETARY best possible health care coverage that OF VETERANS AFFAIRS SHOULD we can provide. The tax code provides corporations RECOGNIZE BOARD CERTIFI- with a special deduction for donations Recently, it was brought to my at- CATIONS FROM THE AMERICAN tention that the Department of Vet- to food banks, but it excludes farmers, ASSOCIATION OF PHYSICIAN erans Affairs only recognizes two orga- ranchers and restaurant owners from SPECIALISTS, INC., FOR PUR- nizations for physician certification donating food under the same tax in- POSES OF THE PAYMENT OF credentials. However, there are other centive. For many of these businesses, SPECIAL PAY BY THE VETERANS organizations that have pressed the VA it is actually more cost effective to HEALTH ADMINISTRATION to consider their credentials and have throw away food than donate it to Mr. HUTCHINSON submitted the fol- been met with a closed door. charity. The hunger relief community lowing resolution; which was referred While it is my understanding that believes that these changes will mark- to the Committee on Veterans’ Affairs: very recently the Department has re- edly increase food donations-whether it S. RES. 61 scinded this decision due to the VA is a farmer donating his crop, a res- Whereas the United States has, in the General Counsel ruling it to be illegal, taurant owner contributing excess course of its history, fought in many wars the VA still does not recognize other meals, or a food manufacturer pro- and conflicts to defend freedom and protect board certifications in the matter of ducing specifically for charity. the interests of the Nation; specialty pay. This bipartisan legislation was intro- Whereas millions of men and women have Within the last few weeks, Congress- served the Nation in times of need as mem- duced separately by Senators Lugar bers of the Armed Forces; man JOE SCARBOROUGH, my good friend and Leahy with 13 additional cospon- Whereas the service of veterans has been of and former colleague, has introduced sors including myself. It has been en- vital importance to the Nation and the sac- legislation on behalf of one of these ex- dorsed by a diverse set of organiza- rifices made by veterans and their families cluded organizations, the American As- tions, including America’s Second Har- should not be forgotten with the passage of sociation of Physician Specialists. His vest Food Banks, the Salvation Army, time; resolution addresses the issue of board the American Farm Bureau Federa- Whereas the obligation of the Nation to certification recognitions by the new tion, the National Farmers Union, the provide the best health care benefits to vet- Secretary of the VA to include this or- erans and their families takes precedence National Restaurant Association, and over all else; ganization in the list of organizations the Grocery Manufacturers of America. Whereas veterans deserve comprehensive that are recognized for certification Under current law, when a corpora- and high-quality health care services; and special pay. tion donates food to a food bank, it is Whereas the Secretary of Veterans Affairs Today, I am pleased to offer the Sen- only recognizes board certifications of ate counter-part to Congressman eligible to receive a ‘‘special rule’’ tax allopathic physicians from specialty boards deduction. Unfortunately, most compa- SCARBOROUOGH’s legislation in the that are members of the American Board of hopes that this vehicle may rectify a nies have found that the ‘‘special rule″ Medical Specialties and board certifications policy and system that seems faulty. deduction does not allow them to re- of osteopathic physicians from specialty coup their actual production costs. boards recognized by the Bureau of Osteo- f pathic Specialists; Moreover, current law limits the ‘‘spe- SENATE CONCURRENT RESOLU- cial rule’’ deduction only to corpora- Whereas physicians not certified by the American Board of Medical Specialties or TION 27—EXPRESSING THE tions, thus prohibiting farmers, ranch- the Bureau of Osteopathic Specialists are SENSE OF CONGRESS THAT THE ers, small businesses and restaurant not eligible for special pay for board certifi- 2008 OLYMPIC GAMES SHOULD owners from receiving the same tax cation; NOT BE HELD IN BEIJING UN- benefits afforded to corporations. Whereas there are other nationally recog- LESS THE GOVERNMENT OF THE This provision would encourage addi- nized organizations that certify physicians PEOPLE’S REPUBLIC OF CHINA for practice in areas of specialty; tional food donations through three Whereas the failure of the Secretary of RELEASES ALL POLITICAL PRIS- changes to our tax laws: This bill will Veterans Affairs to recognize board certifi- ONERS, RATIFIES THE INTER- extend the ‘‘special rule’’ tax deduction cations from other nationally recognized or- NATIONAL COVENANT ON CIVIL for food donations now afforded only to ganizations may limit the pool of qualified AND POLITICAL RIGHTS, AND corporations to all business taxpayers, physicians from which the Department of OBSERVES INTERNATIONALLY including farmers and restaurant own- Veterans Affairs can hire; and RECOGNIZED HUMAN RIGHTS ers. This legislation will increase the Whereas not recognizing board certifi- cations of other nationally recognized orga- Mr. HELMS (for himself, Mr. tax deduction for donated food from nizations, such as the American Association WELLSTONE, Mr. HUTCHINSON, and Mr. basis plus ° markup to the fair market of Physician Specialists, Inc., may limit the SMITH of New Hampshire) submitted value of the product, not to exceed ability of veterans to receive the highest the following concurrent resolution; twice the product’s basis. This bill will quality health care: Now, therefore, be it which was referred to the Committee codify the Tax Court ruling in Lucky Resolved, That it is the sense of the Senate on Foreign Relations: Stores, Inc. v. IRS, in which the Court that the Secretary of Veterans Affairs should, for the purposes of the payment of S. CON. RES. 27 found that taxpayers should base the special pay by the Veterans Health Adminis- Whereas the International Olympic Com- determination of fair market value of tration, recognize board certifications from mittee is in the process of determining the donated product on recent sales. the American Association of Physician Spe- venue of the Olympic Games in the year 2008 I would like to thank my colleagues cialists, Inc., to the same extent as the Sec- and is scheduled to make that decision at for joining me in this important effort retary of Veterans Affairs recognizes board the International Olympic Committee meet- certifications from the American Board of ing scheduled for Moscow in July 2001; to increase savings opportunities for Medical Specialties and the Bureau of Osteo- Whereas the city of Beijing has made a lower income working Americans, to pathic Specialists. proposal to the International Olympic Com- encourage the charitable giving of all Mr. HUTCHINSON. Mr. President, I mittee that the summer Olympic Games in Americans, to provide additional re- rise today to offer a resolution con- the year 2008 be held in Beijing; sources for the charitable organiza- cerning our nation’s veterans’ popu- Whereas the Olympic Charter states that tions which serve their communities, lation and the quality of health care Olympism and the Olympic ideal seek to fos- and to encourage additional donations ter ‘‘respect for universal fundamental eth- that they receive. ical principles’’; of food to alleviate hunger. I would As a member of this Senate Veterans’ Whereas the United Nations General As- also encourage my other colleagues to Affairs Committee, the chairman of sembly Resolution 48/11 (October 25, 1993) consider supporting this important ini- the Personnel Subcommittee on the recognized ‘‘that the Olympic goal of the tiative. Senate Armed Services Committee, as Olympic Movement is to build a peaceful and

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.120 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2675 better world by educating the youth of the Resolved by the Senate (the House of Rep- bill S. 27, supra; which was ordered to lie on world through sport, practiced without dis- resentatives concurring), That the Congress— the table. crimination of any kind and the Olympic (1) acknowledges and supports the January SA 127. Mr. CLELAND submitted an spirit, which requires mutual understanding, 16, 2001, open letter released by Chinese dis- amendment intended to be proposed by him promoted by friendship, solidarity, and fair sidents and the families of imprisoned Chi- to the bill S. 27, supra; which was ordered to play’’; nese political prisoners stating that the re- lie on the table. Whereas United Nations General Assembly lease of China’s political prisoners would im- SA 128. Mr. CLELAND submitted an Resolution 50/13 (November 7, 1995) stressed prove Beijing’s stature in its bid to host the amendment intended to be proposed by him ‘‘the importance of the principles of the 2008 Olympic Games; to the bill S. 27, supra; which was ordered to Olympic Charter, according to which any (2) expresses the view that, consistent with lie on the table. form of discrimination with regard to a its stated principles, the International Olym- SA 129. Mr. CLELAND submitted an country or a person on grounds of race, reli- pic Committee should not award the 2008 amendment intended to be proposed by him gion, politics, sex, or otherwise is incompat- Olympics to Beijing unless the Government to the bill S. 27, supra; which was ordered to ible with the Olympic Movement’’; of the People’s Republic of China releases all lie on the table. Whereas the Department of State’s Coun- of China’s political prisoners, ratifies the SA 130. Mr. CLELAND submitted an try Reports on Human Rights Practices for International Covenant on Civil and Polit- amendment intended to be proposed by him 2000 reports the following: ical Rights without major reservations, fully to the bill S. 27, supra; which was ordered to (1) ‘‘The [Chinese] government continued implements the International Covenant on lie on the table. Economic, Social and Cultural Rights, and to commit widespread and well-documented SA 131. Mr. CLELAND submitted an observes internationally recognized human human rights abuses, in violation of inter- amendment intended to be proposed by him rights; nationally accepted norms.’’. to the bill S. 27, supra; which was ordered to (3) calls for the creation of an inter- (2) ‘‘Abuses included instances of extra ju- lie on the table. national Beijing Olympic Games Human dicial killings, the use of torture, forced con- SA 132. Mr. CLELAND submitted an Rights Campaign in the event that Beijing fessions, arbitrary arrest and detention, the amendment intended to be proposed by him receives the Olympics to focus international to the bill S. 27, supra; which was ordered to mistreatment of prisoners, lengthy incom- pressure on the Government of the People’s municado detention, and denial of due proc- lie on the table. Republic of China to grant a general am- SA 133. Mr. CLELAND submitted an ess.’’. nesty for all political prisoners prior to the (3) ‘‘The Government infringed on citizens’ amendment intended to be proposed by him commencement of the 2008 Olympics as well to the bill S. 27, supra; which was ordered to privacy rights.’’. as to ratify the International Covenant on (4) ‘‘The Government maintained tight re- lie on the table. Civil and Political Rights; SA 134. Mr. HATCH proposed an amend- strictions on freedom of speech and of the (4) calls on the Secretary of State to en- ment to the bill S. 27, supra. press, and increased its efforts to control the dorse publicly the creation of the Beijing SA 135. Mr. SCHUMER submitted an Internet; self-censorship by journalists con- Olympic Games Human Rights Campaign in amendment intended to be proposed by him tinued.’’. the event that Beijing receives the Olympics, to the bill S. 27, supra; which was ordered to (5) ‘‘The Government severely restricted and to utilize all necessary diplomatic re- lie on the table. freedom of assembly and continued to re- sources to encourage other nations to en- SA 136. Mr. HATCH proposed an amend- strict freedom of association.’’. dorse and support the campaign as well, fo- ment to the bill S. 27, supra. (6) ‘‘The Government continued to restrict cusing particular attention on member freedom of religion and intensified controls states of the European Union and the Asso- f on some unregistered churches.’’. ciation of Southeast Asian Nations TEXT OF AMENDMENTS (7) ‘‘The Government continued to restrict (ASEAN), Japan, Canada, Australia, the Nor- freedom of movement.’’. dic countries, and all other countries en- SA 123. Mr. WELLSTONE (for him- (8) ‘‘The Government does not permit inde- gaged in human rights dialogue with China; self, Ms. CANTWELL, Mr. CORZINE, Mr. pendent domestic nongovernmental organi- (5) requests that the President, during his BIDEN, and Mrs. CLINTON) proposed an zations (NGOs) to monitor publicly human expected participation in the Asia-Pacific amendment to the bill S. 27, to amend rights conditions.’’. Economic Cooperation (APEC) Leaders Sum- the Federal Election Campaign Act of (9) ‘‘[The Government has not stopped] vio- mit in Shanghai in October 2001, call for the 1971 to provide bipartisan campaign re- lence against women (including coercive release of all Chinese political prisoners and form; as follows: family planning practices—which sometimes Chinese ratification of the International include forced abortion and forced steriliza- Covenant on Civil and Political Rights; On page 37, between lines 14 and 15, insert tion).’’. (6) recommends that the Congressional-Ex- the following: (10) ‘‘The Government continued to re- ecutive Commission on the People’s Republic SEC. 305. STATE PROVIDED VOLUNTARY PUBLIC strict tightly worker rights, and forced labor of China, established under title III of the FINANCING. in prison facilities remains a serious prob- U.S.-China Relations Act of 2000 (Public Law Section 403 of the Federal Election Cam- lem. Child labor exists and appears to be a 106–286), devote significant resources to mon- paign Act of 1971 (2 U.S.C. 453) is amended by growing problem in rural areas as adult itoring any violations of the rights of polit- adding at the end the following: ‘‘The pre- workers leave for better employment oppor- ical dissidents and political prisoners, or ceding sentence shall not be interpreted to tunities in urban areas.’’. other increased abuses of internationally prohibit a State from enacting a voluntary (11) ‘‘Some minority groups, particularly recognized human rights, in the preparation public financing system which applies to a Tibetan Buddhists and Muslim Uighurs, to the 2008 Olympic Games and during the candidate for election to Federal office, came under increasing pressure as the Gov- Olympic Games themselves; and other than the office of President or Vice- ernment clamped down on dissent and ‘sepa- (7) directs the Secretary of the Senate to President, from such State who agrees to ratist’ activities.’’; transmit a copy of this resolution to the sen- limit acceptance of contributions, use of per- Whereas the egregious human rights ior International Olympic Committee rep- sonal funds, and the making of expenditures abuses committed by the Government of the resentative in the United States with the re- in connection with the election in exchange People’s Republic of China are inconsistent quest that it be circulated to all members of for full or partial public financing from a with the Olympic ideal; the Committee. State fund with respect to the election, ex- Whereas 119 Chinese dissidents and rel- cept that such system shall not allow any f atives of imprisoned political prisoners, from person to take any action in violation of the 22 provinces and cities, issued an open letter AMENDMENTS SUBMITTED AND provisions of this Act.’’. on January 16, 2001, signed at enormous po- PROPOSED litical risk which expresses the ‘‘grief and in- SA 124. Ms. LANDRIEU submitted an dignation for each of China’s political pris- SA 123. Mr. WELLSTONE (for himself, Ms. amendment intended to be proposed by oners and their families’’, asks the Chinese CANTWELL, Mr. CORZINE, Mr. BIDEN, and Mrs. CLINTON) proposed an amendment to the bill her to the bill S. 27, to amend the Fed- Government to release all of China’s polit- S. 27, to amend the Federal Election Cam- eral Election Campaign Act of 1971 to ical prisoners, and asserts that the release of paign Act of 1971 to provide bipartisan cam- provide bipartisan campaign reform; China’s political prisoners will improve paign reform. which was ordered to lie on the table; ‘‘Beijing’s stature in its bid for the 2008 SA 124. Ms. LANDRIEU submitted an as follows: Olympics’’; and amendment intended to be proposed by her Whereas although the Government of the to the bill S. 27, supra; which was ordered to On page 37, between lines 14 and 15, insert People’s Republic of China signed the Inter- lie on the table. the following: national Covenant on Civil and Political SA 125. Mr. BOND submitted an amend- SEC. 305. ENHANCED REPORTING AND SOFT- Rights in 1998, but has failed to ratify the ment intended to be proposed by him to the WARE FOR FILING REPORTS. treaty, and has indicated that it will not bill S. 27, supra; which was ordered to lie on (a) ENHANCED REPORTING FOR CAN- fully implement the recently ratified Inter- the table. DIDATES.— national Covenant on Economic, Social and SA 126. Mr. BOND submitted an amend- (1) WEEKLY REPORTS.—Section 304(a)(2) of Cultural Rights: Now, therefore, be it ment intended to be proposed by him to the the Federal Election Campaign Act of 1971 (2

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.048 pfrm03 PsN: S21PT1 S2676 CONGRESSIONAL RECORD — SENATE March 21, 2001 U.S.C. 434(a)(2)) is amended to read as fol- (D) in subsection (a)(8), by striking ‘‘para- the Federal Election Commission shall sub- lows: graph (2)(A)(iii)’’ and inserting ‘‘paragraph mit a report to Congress on the demonstra- ‘‘(2) PRINCIPAL CAMPAIGN COMMITTEES.—If (3)(C)(iii)’’; tion project and study conducted under sub- the political committee is the principal cam- (E) in subsection (a)(9), by striking ‘‘(2) section (b) together with such recommenda- paign committee of a candidate for the or’’; and tions as the Federal Election Commission House of Representatives or for the Senate, (F) in subsection (c)(2), by striking ‘‘sub- determines appropriate— the treasurer shall file a report for each section (a)(2)’’ and inserting ‘‘subsection (1) regarding resources, technology, and week of the election cycle that shall be filed (a)(3)(C)’’. personnel necessary for maintenance of ac- not later than the 5th day after the last day (3) Section 309(b) of the Federal Election curate records; and of the week and shall be complete as of the Campaign Act of 1971 (2 U.S.C. 437g(b)) is (2) legislative and administrative action, last day of the week.’’. amended— including the feasibility of national stand- (2) PROMPT DISCLOSURE OF CONTRIBUTIONS.— (A) by striking ‘‘304(a)(2)(A)(iii)’’ and in- ards. Section 304(a)(6)(A) of the Federal Election serting ‘‘304(a)(3)(C)(iii)’’; and (e) AUTHORIZATION OF APPROPRIATIONS.— Campaign Act of 1971 (2 U.S.C. 434(a)(6)(A)) is (B) by striking ‘‘304(a)(2)(A)(i)’’ and insert- There are authorized to be appropriated such amended— ing ‘‘304(a)(3)(C)(i)’’. sums as may be necessary to carry out this (A) by striking ‘‘of $1,000 or more’’; section. (B) by striking ‘‘after the 20th day, but SA 125. Mr. BOND submitted an more than 48 hours before any election’’ and amendment intended to be proposed by SA 126. Mr. BOND submitted an inserting ‘‘during the election cycle’’; and him to the bill S. 27, to amend the Fed- amendment intended to be proposed by (C) by striking ‘‘within 48 hours’’ and in- eral Election Campaign Act of 1971 to him to the bill S. 27, to amend the Fed- serting ‘‘within 24 hours’’. provide bipartisan campaign reform; eral Election Campaign Act of 1971 to (b) SOFTWARE FOR FILING OF REPORTS.— which was ordered to lie on the table; provide bipartisan campaign reform; Section 304(a) of the Federal Election Cam- as follows: which was ordered to lie on the table; paign Act of 1971 (2 U.S.C. 434(a)) is amended as follows: by adding at the end the following: On page 37, between lines 14 and 15, insert the following: On page 37, between lines 14 and 15, insert ‘‘(12) SOFTWARE FOR FILING OF REPORTS.— the following: ‘‘(A) IN GENERAL.—The Commission shall— SEC. 305. VOTER IDENTIFICATION REQUIRED. SEC. 305. MAIL REGISTRATION. ‘‘(i) develop software for use to file a des- Section 8(e) of the National Voter Reg- (a) REQUIREMENT FOR FIRST-TIME VOTERS ignation, statement, or report in electronic istration Act of 1993 (42 U.S.C. 1973gg-6(e)) is TO PRESENT IDENTIFICATION.—Section 6(c)(1) form under this Act; and amended by adding at the end the following: of the National Voter Registration Act of ‘‘(ii) make a copy of the software available ‘‘(4) Any requirement under this section to 1993 (42 U.S.C. 1973gg-4(c)(1)) is amended by to each person required to file a designation, make an oral or written affirmation regard- striking ‘‘a State may by law require a per- statement, or report in electronic form ing the address of a registrant shall include son to vote in person if’’ and inserting ‘‘a under this Act. a requirement that such registrant present State shall by law require a person to vote in ‘‘(B) REQUIRED USE.—Any person that picture identification as part of such affir- person and present a picture identification maintains or files a designation, statement, mation.’’. if’’. or report in electronic form under paragraph SEC. 306. VOTER ROLL COORDINATION DEM- (b) REMOVAL OF VOTERS IN RESPONSE TO (11) or subsection (d) shall use software de- ONSTRATION PROJECT. UNDELIVERED NOTICES.— veloped under subparagraph (A) for such (a) DEMONSTRATION PROJECT ESTAB- (1) IN GENERAL.—Section 6(d) of the Na- maintenance or filing.’’. LISHED.—The Federal Election Commission tional Voter Registration Act of 1993 (42 (c) CONFORMING AMENDMENTS.— shall establish a demonstration project for U.S.C. 1973gg-4(d)) is amended by striking (1) Section 304(a)(3) of the Federal Election the purpose of determining the feasibility ‘‘may proceed’’ and all that follows through Campaign Act of 1971 (2 U.S.C. 434(a)) is and advisability of requiring coordination of the end and inserting the following: ‘‘shall— amended by adding at the end the following: the official list of registered voters and cer- ‘‘(1) proceed in accordance with section ‘‘(C) The reports described in this subpara- tain State records to ensure— 8(d); or graph are as follows: (1) such list is accurate; and ‘‘(2) if provided for under State law, re- ‘‘(i) A pre-election report, which shall be (2) that eligible voters are not improperly move the name of the registrant from the of- filed no later than the 12th day before (or removed from the official list. ficial list of eligible voters in elections for posted by registered or certified mail no (b) PROJECT.— Federal office provided that reasonable safe- later than the 15th day before) any election (1) IN GENERAL.—The project conducted guards are available to prevent the removal in which such candidate is seeking election, under this section shall require a State to of an eligible voter.’’. or nomination for election, and which shall maintain accurate records regarding individ- (2) CONFORMING AMENDMENTS.— be complete as of the 20th day before such uals eligible to vote in the project area by (A) Section 8(a)(3)(C) of such Act (42 U.S.C. election. coordinating— 1973gg-6(a)(3)(C)) is amended by inserting ‘‘or ‘‘(ii) A post-general election report, which (A) State records of— section 6(d)(2)’’ after ‘‘paragraph (4)’’. shall be filed no later than the 30th day after (i) individuals registered to vote with re- (B) Section 8(c)(2)(B) of such Act (42 U.S.C. any general election in which such candidate spect to elections for Federal office through 1973gg-6(c)(2)(B)) is amended by inserting ‘‘or has sought election, and which shall be com- the appropriate State motor vehicle author- section 6(d)(2)’’ after ‘‘subsection (a)’’. plete as of the 20th day after such general ity under section 5 of the National Voter (c) CONTENTS OF MAIL VOTER REGISTRATION election. Registration Act of 1993 (42 U.S.C. 1973gg–3); FORM.—Section 9(b)(3) of the National Voter ‘‘(iii) Additional quarterly reports, which (ii) deaths; and Registration Act of 1993 (42 U.S.C. 1973gg- shall be filed no later than the 15th day after (iii) individuals convicted of a felony; with 7(b)(3)) is amended to read as follows: the last day of each calendar quarter, and (B) the official list of the appropriate juris- ‘‘(3) may include a requirement for notari- which shall be complete as of the last day of diction of individuals registered, and other- zation or other formal authentication as each calendar quarter: except that the report wise eligible, to vote in such elections. each State may by law require; and’’. for the quarter ending December 31 shall be (2) STUDY.—In conjunction with the dem- SEC. 306. MAINTENANCE OF ACCURATE LIST OF filed no later than January 31 of the fol- onstration project under this subsection, the ELIGIBLE VOTERS. lowing calendar year.’’. Federal Election Commission shall conduct a (a) REQUIRED VOTER REMOVAL PROGRAM.— (2) Section 304 of the Federal Election study of— Section 8(a) of the National Voter Registra- Campaign Act of 1971 (2 U.S.C. 434(a)) is (A) the current practices and methods of tion Act of 1993 (42 U.S.C. 1973gg-(6)(a)) is amended— voting jurisdictions used to maintain official amended— (A) in subsection (a)(3)(A)— lists of registered voters; and (1) in paragraph (5), by striking ‘‘and’’ at (i) in each of clauses (i) and (ii)— (B) reasons for any failure of such prac- the end; (I) by striking ‘‘paragraph (2)(A)(i)’’ and in- tices and methods to prevent voting fraud or (2) in paragraph (6), by striking the period serting ‘‘subparagraph (C)(i)’’; and inaccurate lists. at the end and inserting ‘‘; and’’; and (II) by striking ‘‘paragraph (2)(A)(ii)’’ and (c) PROJECT AREA AND DURATION.— (3) by adding at the end the following: inserting ‘‘subparagraph (C)(ii)’’; and (1) PROJECT AREA.—The Federal Election ‘‘(7) conduct a program to determine (ii) in clause (ii), by striking ‘‘paragraph Commission shall implement the project in whether the number of eligible voters in any (2)(A)(iii)’’ and inserting ‘‘subparagraph the voting jurisdictions of St. Louis County, jurisdiction is less than the number of eligi- (C)(iii)’’; Missouri, and St. Louis City, Missouri. ble voters on the official list for such juris- (B) in each of paragraphs (4)(B) and (5) of (2) DURATION.—The project conducted diction and, if such determination is made, subsection (a), by striking ‘‘paragraph under this section shall be implemented for a remove the names of ineligible voters from (2)(A)(i)’’ and inserting ‘‘paragraph (3)(C)(i)’’; period ending on the date of the next general such list in accordance with paragraph (4).’’. and election for the office of President and Vice (b) NOTIFICATION OF FELONY CONVICTIONS.— (C) in subsection (a)(4)(B), by striking President. Section 8(g) of the National Voter Registra- ‘‘paragraph (2)(A)(ii)’’ and inserting ‘‘para- (d) REPORT.—Not later than 1 year after tion Act of 1993 (42 U.S.C. 1973gg-6(g)) is graph (3)(C)(ii)’’; the completion of the demonstration project, amended by adding at the end the following:

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.050 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2677 ‘‘(6) The Attorney General shall provide, aggregate amount equal to $1,000 or more re- On page 37, between lines 14 and 15, insert upon request of any chief State election offi- ceived by the committee after the 20th day, the following: cial, expedited access to applicable records but more than 48 hours, before any election. SEC. 305. LIMIT ON TIME TO ACCEPT CONTRIBU- regarding felony convictions of individuals ‘‘(ii) Notification shall be made within 48 TIONS. in order to determine if an individual is eli- hours after the receipt of such contribution (a) TIME TO ACCEPT CONTRIBUTIONS.—Sec- gible to vote under any applicable State and shall include the name of the political tion 315 of the Federal Election Campaign law.’’. committee, the identification of the contrib- Act of 1971 (2 U.S.C. 441a) is amended by add- (c) ADDITIONAL PENALTY FOR CONSPIRACY.— utor, and the date of receipt of the contribu- ing at the end the following: Section 12(2) of the National Voter Registra- tion. ‘‘(i) TIME TO ACCEPT CONTRIBUTIONS.— tion Act of 1993 (42 U.S.C. 1973gg-(10)(2)) is ‘‘(B) The notification required under this ‘‘(1) IN GENERAL.—A candidate for nomina- amended— paragraph shall be in addition to all other tion for election, or election, to the Senate (1) in the matter preceding subparagraph reporting requirements under this Act.’’. or House of Representatives shall not accept (A), by striking ‘‘process, by’’ and inserting a contribution from any person during an ‘‘process’’; SA 128. Mr. CLELAND submitted an election cycle in connection with the can- (2) in subparagraph (A), by inserting ‘‘or amendment intended to be proposed by didate’s campaign except during a contribu- knowingly and willfully conspires with an- him to the bill S. 27, to amend the Fed- tion period. other person to deprive, defraud, or attempt eral Election Campaign Act of 1971 to ‘‘(2) CONTRIBUTION PERIOD.—In this sub- to deprive or defraud the residents of a State provide bipartisan campaign reform; section, the term ‘contribution period’ of a fair and impartially conducted election means, with respect to a candidate, the pe- process, by’’ before ‘‘the procurement’’; and which was ordered to lie on the table; riod of time that— (3) in subparagraph (B), by inserting ‘‘by’’ as follows: ‘‘(A) begins on the date that is the earlier before ‘‘the procurement’’. On page 37, between lines 14 and 15, insert of— SEC. 307. PENALTIES UNDER VOTING RIGHTS the following: ‘‘(i) January 1 of the year in which an elec- ACT. SEC. 305. AUDITS. tion for the seat that the candidate is seek- (a) INCREASED PENALTIES.—Subsections (c) (a) RANDOM AUDITS.—Section 311(b) of the ing occurs; or and (e)(1) of section 11 of the Voting Rights Federal Election Campaign Act of 1971 (2 ‘‘(ii) 90 days before the date on which the Act of 1965 (42 U.S.C. 1973i) are each amended U.S.C. 438(b)) is amended— candidate will qualify under State law to be by striking ‘‘$10,000’’ and inserting ‘‘$30,000’’. (1) by inserting ‘‘(1)’’ before ‘‘The Commis- placed on the ballot for the primary election (b) MISREPRESENTATION OF ELIGIBILITY.— sion’’; and for the seat that the candidate is seeking; Section 11(c) of the Voting Rights Act of 1965 (2) by adding at the end the following: and (42 U.S.C. 1973i(c)) is amended by inserting ‘‘(2) RANDOM AUDITS.— ‘‘(B) ends on the date that is 5 days after ‘‘or gives false information as to the individ- ‘‘(A) IN GENERAL.—Notwithstanding para- the date of the general election for the seat ual’s status as a convicted felon’’ after ‘‘vot- graph (1), the Commission may conduct ran- that the candidate is seeking. ing district’’. dom audits and investigations to ensure vol- ‘‘(3) EXCEPTIONS.— untary compliance with this Act. ‘‘(A) DEBTS INCURRED DURING ELECTION SA 127. Mr. CLELAND submitted an ‘‘(B) LIMITATION.—The Commission shall CYCLE.—A candidate may accept a contribu- amendment intended to be proposed by not conduct an audit or investigation of a tion after the end of a contribution period to him to the bill S. 27, to amend the Fed- candidate’s authorized committee under make an expenditure in connection with a eral Election Campaign Act of 1971 to paragraph (1) until the candidate is no longer debt or obligation incurred in connection with the election during the election cycle. provide bipartisan campaign reform; a candidate for the office sought by the can- ‘‘(B) ACCEPTANCE OF CONTRIBUTIONS IN RE- which was ordered to lie on the table; didate in an election cycle. ‘‘(C) APPLICABILITY.—This paragraph does SPONSE TO OPPONENT’S CARRYOVER FUNDS.— as follows: not apply to an authorized committee of a ‘‘(i) IN GENERAL.—A candidate may accept On page 37, between lines 14 and 15, insert candidate for President or Vice President an aggregate amount of contributions before the following: subject to audit under section 9007 or 9038 of the contribution period begins in an amount SEC. 305. MODIFICATION OF REPORTING RE- the Internal Revenue Code of 1986.’’. equal to 125 percent of the amount of carry- QUIREMENTS. (b) EXTENSION OF PERIOD DURING WHICH over funds of an opponent in the same elec- (a) FILING DATE FOR REPORTS.—Section CAMPAIGN AUDITS MAY BE BEGUN.—Section tion. 304(a) of the Federal Election Campaign Act 311(b) of the Federal Election Campaign Act ‘‘(ii) CARRYOVER FUNDS OF OPPONENT.—In of 1971 (2 U.S.C. 434(a)) is amended— of 1971 (2 U.S.C. 438(b)) is amended by strik- clause (i), the term ‘carryover funds of an op- (1) in paragraph (2)(A)(i), by striking ‘‘(or ing ‘‘6 months’’ and inserting ‘‘12 months’’. ponent’ means the aggregate amount of con- posted by registered or certified mail no tributions that an opposing candidate and later than the 15th day before)’’; SA 129. Mr. CLELAND submitted an the candidate’s authorized committees (2) in paragraph (4)(A)(ii), by striking ‘‘(or amendment intended to be proposed by transfers from a previous election cycle to posted by registered or certified mail no him to the bill S. 27, to amend the Fed- the current election cycle.’’. later than the 15th day before)’’; and (b) DEFINITION OF ELECTION CYCLE.—Sec- eral Election Campaign Act of 1971 to tion 301 of the Federal Election Campaign (3) by striking paragraph (5) and inserting provide bipartisan campaign reform; ‘‘(5) [Repealed.]’’. Act of 1971 (2 U.S.C. 431), as amended by sec- which was ordered to lie on the table; (b) MONTHLY REPORTING BY MULTI- tion 101(b), is amended by adding at the end CANDIDATE POLITICAL COMMITTEES.—Section as follows: the following: 304(a)(4)(B) of the Federal Election Campaign On page 37, between lines 14 and 15, insert ‘‘(25) ELECTION CYCLE.—The term ‘election Act of 1971 (2 U.S.C. 434(a)(4)(B)) is amended the following: cycle’ means the period beginning on the day by adding at the end the following: ‘‘In the SEC. 305. CIVIL ACTION. after the date of the most recent general case of a multicandidate political committee Section 309 of the Federal Election Cam- election for the specific office or seat that a that has received contributions aggregating paign Act of 1971 (2 U.S.C. 437g) is amended candidate is seeking and ending on the date $100,000 or more or made expenditures aggre- by adding at the end the following: of the next general election for that office or seat.’’. gating $100,000 or more, by January 1 of the ‘‘(e) CIVIL ACTION.— calendar year, or anticipates receiving con- ‘‘(1) AUTHORITY TO BRING CIVIL ACTION.—If tributions aggregating $100,000 or more or the Commission does not act to investigate SA 131. Mr. CLELAND submitted an making expenditures aggregating $100,000 or or dismiss a complaint within 120 days after amendment intended to be proposed by more during such year, the committee shall the complaint is filed, the person who filed him to the bill S. 27, to amend the Fed- file monthly reports under this subpara- the complaint may commence a civil action eral Election Campaign Act of 1971 to graph.’’. against the Commission in United States dis- provide bipartisan campaign reform; (c) REPORTING OF CERTAIN EXPENDITURES.— trict court for injunctive relief. which was ordered to lie on the table; Section 304(a) of the Federal Election Cam- ‘‘(2) ATTORNEY’S FEES.—The court may as follows: paign Act of 1971 (2 U.S.C. 434(a)) is amended award the costs of the litigation (including by adding at the end the following: reasonable attorney’s fees) to a plaintiff who On page 37, between lines 14 and 15, insert ‘‘(12)(A)(i) A political committee, other substantially prevails in the civil action.’’. the following: than an authorized committee of a can- SEC. 305. INDEPENDENT LITIGATION AUTHORITY. didate, that has received contributions ag- SA 130. Mr. CLELAND submitted an Section 306(f) of the Federal Election Cam- gregating $100,000 or more or made expendi- amendment intended to be proposed by paign Act of 1971 (2 U.S.C. 437c(f)) is amended tures aggregating $100,000 or more during the him to the bill S. 27, to amend the Fed- by striking paragraph (4) and inserting the calendar year or anticipates receiving con- following: tributions aggregating $100,000 or more or eral Election Campaign Act of 1971 to ‘‘(4) INDEPENDENT LITIGATING AUTHORITY.— making expenditures aggregating $100,000 or provide bipartisan campaign reform; ‘‘(A) IN GENERAL.—Notwithstanding para- more during such year, shall notify the Com- which was ordered to lie on the table; graph (2) or any other provision of law, the mission in writing of any contribution in an as follows: Commission is authorized to appear on the

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.051 pfrm03 PsN: S21PT1 S2678 CONGRESSIONAL RECORD — SENATE March 21, 2001

Commission’s behalf in any action related to ‘‘(B) AFFILIATION.—The chair and the vice of a stockholder, in the case of a corpora- the exercise of the Commission’s statutory chair shall not be affiliated with the same tion, or an employee within the labor organi- duties or powers in any court as either a political party. zation’s bargaining unit or units in the case party or as amicus curiae, either— ‘‘(C) VACANCY.—The vice chair shall act as of a labor organization, it shall be unlawful— ‘‘(i) by attorneys employed in its office, or chair in the absence or disability of the chair ‘‘(A) for any corporation described in this ‘‘(ii) by counsel whom the Commission or in the event of a vacancy of the chair.’’. section to use funds from its general treas- may appoint, on a temporary basis as may be (c) EFFECTIVE DATE.— ury for the purpose of political activities; or necessary for such purpose, without regard (1) IN GENERAL.—The term of the seventh ‘‘(B) for any labor organization described to the provisions of title 5, United States member of the Federal Election Commission in this section to collect from or assess such Code, governing appointments in the com- appointed under section 306(a)(1)(C) of the employee any dues, initiation fee, or other petitive service, and whose compensation it Federal Election Campaign Act of 1971, as payment if any part of such dues, fee, or pay- may fix without regard to the provisions of added by subsection (a) of this section, shall ment will be used for political activities. chapter 51 and subchapter III of chapter 53 of begin on May 1, 2002. ‘‘(2) EFFECT OF AUTHORIZATION.—An author- such title, and whose compensation shall be (2) CURRENT MEMBERS.—Any member of the ization described in paragraph (1) shall re- paid out of any funds otherwise available to Federal Election Commission serving a term main in effect until revoked and may be re- pay the compensation of employees of the on the date of enactment of this Act (or any voked at any time. Commission. successor of such term) shall continue to ‘‘(c) CONTENTS.— ‘‘(B) SUPREME COURT.—The authority granted under subparagraph (A) includes the serve until the expiration of the term. ‘‘(1) IN GENERAL.—The report submitted under subsection (a) shall disclose informa- power to appeal from, and petition the Su- SA 133. Mr. CLELAND submitted an preme Court for certiorari to review, judg- tion regarding the dues, fees, and assess- ments or decrees entered with respect to ac- amendment intended to be proposed by ments spent at each level of the labor orga- tions in which the Commission appears him to the bill S. 27, to amend the Fed- nization and by each international, national, under the authority provided in this sec- eral Election Campaign Act of 1971 to State, and local component or council, and tion.’’. provide bipartisan campaign reform; each affiliate of the labor organization and which was ordered to lie on the table; information on funds of a corporation spent by each subsidiary of such corporation show- SA 132. Mr. CLELAND submitted an as follows: amendment intended to be proposed by ing the amount of dues, fees, and assess- On page 37, between lines 14 and 15, insert ments or corporate funds disbursed in the him to the bill S. 27, to amend the Fed- the following: eral Election Campaign Act of 1971 to following categories: SEC. 305. REQUIRED CONTRIBUTOR CERTIFI- provide bipartisan campaign reform; ‘‘(A) Direct activities, such as cash con- CATION. tributions to candidates and committees of which was ordered to lie on the table; Section 301(13) of the Federal Election political parties. as follows: Campaign Act of 1971 (2 U.S.C. 431(13)) is ‘‘(B) Internal and external communications On page 37, between lines 14 and 15, insert amended— relating to specific candidates, political the following: (1) in subparagraph (A)— causes, and committees of political parties. SEC. 305. RESTRUCTURING OF THE FEDERAL (A) by striking ‘‘and’’ the first place it ap- ‘‘(C) Internal disbursements by the labor ELECTION COMMISSION. pears; and organization or corporation to maintain, op- (a) IN GENERAL.—So much of section 306(a) (B) by inserting ‘‘, and an affirmation that erate, and solicit contributions for a sepa- of the Federal Election Campaign Act of 1971 the individual is an individual who is not rate segregated fund. (2 U.S.C. 437c(a)) as precedes paragraph (2) is prohibited by sections 319 and 320 from mak- ‘‘(D) Voter registration drives, State and amended to read as follows: ing the contribution’’ after ‘‘employer’’; and precinct organizing on behalf of candidates ‘‘(a) COMPOSITION OF COMMISSION.— (2) in subparagraph (B) by inserting ‘‘and and committees of political parties, and get- ‘‘(1) IN GENERAL.— an affirmation that the person is a person out-the-vote campaigns. ‘‘(A) ESTABLISHMENT.—There is established that is not prohibited by sections 319 and 320 ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For a commission to be known as the Federal from making a contribution’’ after ‘‘such each of the categories of information de- Election Commission. person’’. scribed in a subparagraph of paragraph (1), ‘‘(B) APPOINTMENT OF MEMBERS.—The Com- the report shall identify the candidate for mission shall be composed of 7 members ap- SA 134. Mr. HATCH proposed an public office on whose behalf disbursements pointed by the President, by and with the ad- amendment to the bill S. 27, to amend were made or the political cause or purpose vice and consent of the Senate, of which 1 the Federal Election Campaign Act of for which the disbursements were made. member shall be appointed by the President 1971 to provide bipartisan campaign re- ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— from nominees recommended under subpara- The report under subsection (a) shall also graph (C). form; as follows: list all contributions or expenditures made ‘‘(C) NOMINATIONS.— Beginning on page 35, strike line 8 and all by separated segregated funds established ‘‘(i) IN GENERAL.—The Supreme Court shall that follows through page 37, line 14, and in- and maintained by each labor organization recommend 10 nominees from which the sert the following: or corporation. President shall appoint a member of the SEC. 304. DISCLOSURE OF AND CONSENT FOR ‘‘(d) TIME TO MAKE REPORTS.—A report re- Commission. DISBURSEMENTS OF UNION DUES, FEES, AND ASSESSMENTS OR COR- quired under subsection (a) shall be sub- ‘‘(ii) QUALIFICATIONS.—The nominees rec- PORATE FUNDS FOR POLITICAL AC- mitted not later than January 30 of the year ommended under clause (i) shall be individ- TIVITIES. beginning after the end of the election cycle uals who have not, during the time period Title III of the Federal Election Campaign that is the subject of the report. beginning on the date that is 5 years prior to Act of 1971 (2 U.S.C. 431 et seq.) is amended ‘‘(e) DEFINITIONS.—In this section: the date of the nomination and ending on the by inserting after section 304 the following: ‘‘(1) ELECTION CYCLE.—The term ‘election date of the nomination— ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF cycle’ means, with respect to an election, the ‘‘(I) held elective office as a member of the UNION DUES, FEES, AND ASSESS- period beginning on the day after the date of Democratic or Republican political party; MENTS OR CORPORATE FUNDS FOR the previous general election for Federal of- ‘‘(II) received any wages from the Demo- POLITICAL ACTIVITIES. fice and ending on the date of the next gen- cratic or Republican political party; or ‘‘(a) DISCLOSURE.—Any corporation or eral election for Federal office. ‘‘(III) provided substantial volunteer serv- labor organization (including a separate seg- ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- ices or made any substantial contribution to regated fund established and maintained by ical activity’ means— the Democratic or Republican political party such entity) that makes a disbursement for ‘‘(A) voter registration activity; or to a public officeholder or candidate for political activity or a contribution or ex- ‘‘(B) voter identification or get-out-the- public office who is associated with the penditure during an election cycle shall sub- vote activity; Democratic or Republican political party. mit a written report for such cycle— ‘‘(C) a public communication that refers to ‘‘(D) LIMIT ON PARTY AFFILIATION.—Of the 6 ‘‘(1) in the case of a corporation, to each of a clearly identified candidate for Federal of- members not appointed pursuant to subpara- its shareholders; and fice and that expressly advocates support for graph (C), no more than 3 members may be ‘‘(2) in the case of a labor organization, to or opposition to a candidate for Federal of- affiliated with the same political party.’’. each employee within the labor organiza- fice; and (b) CHAIR OF COMMISSION.—Section 306(a)(5) tion’s bargaining unit or units; ‘‘(D) disbursements for television or radio of the Federal Election Campaign Act of 1971 disclosing the portion of the labor organiza- broadcast time, print advertising, or polling (2 U.S.C. 437c(a)(5)) is amended by striking tion’s income from dues, fees, and assess- for political activities.’’ paragraph (5) and inserting the following: ments or the corporation’s funds that was ‘‘(5) CHAIR; VICE CHAIR.— expended directly or indirectly for political SA 135. Mr. SCHUMER submitted an ‘‘(A) IN GENERAL.—A member appointed activities, contributions, and expenditures amendment intended to be proposed by under paragraph (1)(C) shall serve as chair of during such election cycle. the Commission and the Commission shall ‘‘(b) CONSENT.— him to the bill S. 27, to amend the Fed- elect a vice chair from among the Commis- ‘‘(1) PROHIBITION.—Except with the sepa- eral Election Campaign Act of 1971 to sion’s members. rate, prior, written, voluntary authorization provide bipartisan campaign reform;

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.053 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — SENATE S2679 which was ordered to lie on the table; ‘‘(D) Voter registration drives, State and Committee on Intelligence be author- as follows: precinct organizing on behalf of candidates ized to meet during the session of the On page 37, between lines 14 and 15, insert and committees of political parties, and get- Senate on Wednesday, March 21, 2001, out-the-vote campaigns. the following: at 3 p.m., to hold a closed hearing on ‘‘(2) IDENTIFY CANDIDATE OR CAUSE.—For SEC. 305. SENSE OF THE SENATE. each of the categories of information de- intelligence matters. (a) FINDINGS.—The Senate finds that— scribed in a subparagraph of paragraph (1), The PRESIDING OFFICER. Without (1) the right to vote is fundamental under the report shall identify the candidate for objection, it is so ordered. the United States Constitution; public office on whose behalf disbursements SUBCOMMITTEE ON CLEAN AIR, WETLANDS, (2) all Americans should be able to vote were made or the political cause or purpose PRIVATE PROPERTY AND NUCLEAR SAFETY unimpeded by antiquated technology, admin- for which the disbursements were made. istrative difficulties, or other undue barriers; Mr. MCCONNELL. Mr. President, I ‘‘(3) CONTRIBUTIONS AND EXPENDITURES.— ask unanimous consent that the Sub- (3) States and localities have shown great The report under subsection (a) shall also interest in modernizing their voting and list all contributions or expenditures made committee on Clean Air, Wetlands, Pri- election systems, but require financial as- by separated segregated funds established vate Property and Nuclear Safety be sistance from the Federal Government; and maintained by each labor organization authorized to meet on Wednesday, (4) more than one Standing Committee of or corporation. March 21, at 9:30 a.m., on the Clean Air the Senate is in the course of holding hear- ‘‘(c) TIME TO MAKE REPORTS.—A report re- Act with regard to the nation’s energy ings on the subject of election reform; and quired under subsection (a) shall be sub- policy. (5) election reform is not ready for consid- mitted not later than January 30 of the year The PRESIDING OFFICER. Without eration in the context of the current debate beginning after the end of the election cycle concerning campaign finance reform, but re- that is the subject of the report. objection, it is so ordered. quires additional attention from committees ‘‘(d) DEFINITIONS.—In this section: SUBCOMMITTEE ON READINESS AND before consideration by the full Senate. ‘‘(1) ELECTION CYCLE.—The term ‘election MANAGEMENT SUPPORT (b) SENSE OF THE SENATE.—It is the sense cycle’ means, with respect to an election, the Mr. MCCONNELL. Mr. President, I of the Senate that the Senate should sched- period beginning on the day after the date of ask unanimous consent that the Sub- ule election reform legislation for floor de- the previous general election for Federal of- committee on Readiness and Manage- bate not later than June 29, 2001. fice and ending on the date of the next gen- ment Support of the Committee on eral election for Federal office. SA 136. Mr. HATCH proposed an ‘‘(2) POLITICAL ACTIVITY.—The term ‘polit- Armed Services be authorized to meet amendment to the bill S. 27, to amend ical activity’ means— during the session of the Senate on the Federal Election Campaign Act of ‘‘(A) voter registration activity; Wednesday, March 21, 2001, at 9:30 a.m., 1971 to provide bipartisan campaign re- ‘‘(B) voter identification or get-out-the- in open session to receive testimony on form; as follows: vote activity; installation readiness, in review of the ‘‘(C) a public communication that refers to On page 37, between lines 14 and 15, and in- Defense authorization request for fiscal a clearly identified candidate for Federal of- year 2002 and the future years’ Defense sert the following: fice and that expressly advocates support for SEC. 305. DISCLOSURE OF DISBURSEMENTS OF or opposition to a candidate for Federal of- program. UNION DUES, FEES, AND ASSESS- fice; and The PRESIDING OFFICER. Without MENTS OR CORPORATE FUNDS FOR objection, it is so ordered. POLITICAL ACTIVITIES. ‘‘(D) disbursements for television or radio Title III of the Federal Election Campaign broadcast time, print advertising, or polling SUBCOMMITTEE ON SURFACE TRANSPORTATION Act of 1971 (2 U.S.C. 431 et seq.) is amended for political activities.’’ AND MERCHANT MARINE by inserting after section 304 the following: f Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sub- ‘‘SEC. 304A. DISCLOSURE OF DISBURSEMENTS OF NOTICES OF HEARINGS UNION DUES, FEES, AND ASSESS- committee on Surface Transportation MENTS OR CORPORATE FUNDS FOR COMMITTEE ON AGRICULTURE, NUTRITION, AND and Merchant Marine of the Com- POLITICAL ACTIVITIES. FORESTRY mittee on Commerce, Science, and ‘‘(a) IN GENERAL.—Any corporation or Mr. LUGAR. Mr. President, I would Transportation be authorized to meet labor organization (including a separate seg- like to announce that the Committee regated fund established and maintained by on Wednesday, March 21, 2001, at 9:30 such entity) that makes a disbursement for on Agriculture, Nutrition, and For- a.m., on oversight of the Surface political activity or a contribution or ex- estry will meet on March 27, 2001, in Transportation Board. penditure during an election cycle shall sub- SR–328A at 9 a.m. The purpose of this The PRESIDING OFFICER. Without mit a written report for such cycle— hearing will be to review the Research, objection, it is so ordered. ‘‘(1) in the case of a corporation, to each of Extension and Education title of the SUBCOMMITTEE ON WATER AND POWER its shareholders; and farm bill. Mr. MCCONNELL. Mr. President, I ‘‘(2) in the case of a labor organization, to f each employee within the labor organiza- ask unanimous consent that the Sub- tion’s bargaining unit or units; AUTHORITY FOR COMMITTEES TO committee on Water and Power of the disclosing the portion of the labor organiza- MEET Committee on Energy and Natural Re- tion’s income from dues, fees, and assess- sources be authorized to meet during ments or the corporation’s funds that was COMMITTEE ON ENERGY AND NATURAL RESOURCES the session of the Senate on Wednes- expended directly or indirectly for political day, March 21, at 2 p.m., to conduct an activities, contributions, and expenditures Mr. MCCONNELL. Mr. President, I during such election cycle. ask unanimous consent that the Com- oversight hearing. The subcommittee ‘‘(b) CONTENTS.— mittee on Energy and Natural Re- will receive testimony on the Klamath ‘‘(1) IN GENERAL.—The report submitted sources be authorized to meet during Project in Oregon, including implemen- under subsection (a) shall disclose informa- the session of the Senate on Wednes- tation of PL 106–498 and how the tion regarding the dues, fees, and assess- day, March 21, at 9:30 a.m., to conduct project might operate in what is pro- ments spent at each level of the labor orga- an oversight hearing. The committee jected to be a short water year. nization and by each international, national, will review current U.S. energy trends The PRESIDING OFFICER. Without State, and local component or council, and objection, it is so ordered. each affiliate of the labor organization and and recent changes in energy markets. information on funds of a corporation spent The PRESIDING OFFICER. Without f objection, it is so ordered. by each subsidiary of such corporation show- DESIGNATING UNITED STATES COMMITTEE ON FOREIGN RELATIONS ing the amount of dues, fees, and assess- POST OFFICE FACILITIES AT 620 ments or corporate funds disbursed in the Mr. MCCONNELL. Mr. President, I JACARANDA STREET IN LANAI following categories: ask unanimous consent that the Com- ‘‘(A) Direct activities, such as cash con- mittee on Foreign Relations be author- CITY, HAWAII, AND AT 2305 tributions to candidates and committees of ized to meet during the session of the MINTON ROAD IN WEST MEL- political parties. Senate on Wednesday, March 21, 2001, BOURNE, FLORIDA ‘‘(B) Internal and external communications at 2 p.m., to hold a hearing. Mr. MCCONNELL. Mr. President, I relating to specific candidates, political The PRESIDING OFFICER. Without ask unanimous consent that the Sen- causes, and committees of political parties. ‘‘(C) Internal disbursements by the labor objection, it is so ordered. ate now proceed to the consideration, organization or corporation to maintain, op- SELECT COMMITTEE ON INTELLIGENCE en bloc, of the following post office erate, and solicit contributions for a sepa- Mr. MCCONNELL. Mr. President, I naming bills that are at the desk: H.R. rate segregated fund. ask unanimous consent that the Select 395 and H.R. 132.

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A21MR6.055 pfrm03 PsN: S21PT1 S2680 CONGRESSIONAL RECORD — SENATE March 21, 2001 The PRESIDING OFFICER. Without APPOINTMENT PROGRAM objection, it is so ordered. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, for The clerk will state the bills by title. Chair, on behalf of the majority leader, pursuant to Public Law 101–549, ap- the information of all Senators, the The assistant legislative clerk read Senate will resume consideration of as follows: points Josephine S. Cooper, of Wash- ington, DC, to the Board of Directors of the pending Hatch amendment for up A bill (H.R. 132) to designate the facility of the Mickey Leland National Urban Air to 30 minutes tomorrow morning. Sen- the United States Postal Service located at Toxics Research Center, vice Joseph H. ators should expect a vote in relation 620 Jacaranda Street in Lanai City, Hawaii, Graziano. to the amendment at approximately as the ‘‘Goro Hokama Post Office’’. f 9:30 a.m. Amendments will be offered A bill (H.R. 395) to designate the facility of the United States Postal Service located at ORDERS FOR THURSDAY, MARCH and voted on throughout the day to- 2305 Minton Road in West Melbourne, Flor- 22, 2001 morrow. ida, as the ‘‘Ronald W. Reagan Post Office of As a reminder, votes will also occur West Melbourne, Florida’’. Mr. MCCONNELL. Mr. President, I ask unanimous consent that when the during Friday’s session of the Senate. There being no objection, the Senate Senate completes its business today, it proceeded to consider the bills en bloc. adjourn until the hour of 9 a.m. on f Mr. MCCONNELL. Mr. President, I Thursday, March 22. I further ask ask unanimous consent that the bills unanimous consent that on Thursday, ADJOURNMENT UNTIL 9 A.M. be read the third time and passed, the immediately following the prayer, the TOMORROW motions to reconsider be laid upon the Journal of proceedings be approved to table, and that any statements relating date, the morning hour be deemed to Mr. MCCONNELL. Mr. President, if to either of these bills be printed in the have expired, the time for the two lead- there is no further business to come be- RECORD, with the above occurring en ers be reserved for their use later in fore the Senate, I now ask that the bloc. the day, and the Senate then resume Senate stand in adjournment under the consideration of the pending Hatch previous order. The PRESIDING OFFICER. Without amendment to S. 27, the campaign fi- objection, it is so ordered. nance reform bill. There being no objection, the Senate, The bills (H.R. 132 and H.R. 395) were The PRESIDING OFFICER. Without at 7:08 p.m., adjourned until Thursday, read the third time and passed. objection, it is so ordered. March 22, 2001, at 9 a.m.

VerDate 21-MAR-2001 01:59 Mar 22, 2001 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G21MR6.142 pfrm03 PsN: S21PT1 March 21, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E409 EXTENSIONS OF REMARKS

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

∑ 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. E410 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2001 In half of all Vitiligo cases, onset occurs be- friends, she trusted that we would make the EXPRESSING SYMPATHY FOR VIC- tween the ages of 10 and 30. There are, how- right choices. She always taught us to look TIMS OF DEVASTATING EARTH- ever, reported cases of Vitiligo present at beyond the surface. Those who know her QUAKES IN EL SALVADOR birth. know that they don’t come much better than Over 30% of affected individuals may report this. She is everything that I would ever SPEECH OF a positive family history. Both genetic and en- want to be. HON. MIKE HONDA vironmental factors contribute to Vitiligo. Many OF CALIFORNIA patients attribute the onset of their Vitiligo to She is a wise person beyond her years. Her IN THE HOUSE OF REPRESENTATIVES physical trauma, illness or emotional distress, generosity is beyond words. She has a very Tuesday, March 20, 2001 such as the death of a family member. kind heart and expects nothing in return. Treatment of this disease is essential. Vit- Her joy is seeing others happy. Mr. HONDA. Madam Speaker, the massive iligo profoundly impacts the social and psycho- earthquakes that have hit El Salvador, first on logical well-being of its victims, especially chil- January 13 with a magnitude of 7.6 on the dren. Although, this disease is painless, the In the professional arena, she has broad- Richter Scale, and then on February 13 with disfigurement of Vitiligo—accentuated among ened her skills and experience by accepting a magnitude of 6.6, have brought untold hard- persons with dark or tan skin—can be dev- new challenges and has dared to take on new ships to a nation that has been working dili- astating. Raising the public’s awareness of responsibilities as she uncovered each poten- gently to overcome previous natural disasters. this disease and its known treatment will bring tial opportunity. Hundreds of lives have been lost, thousands relief to those who suffer from Vitiligo. injured and a million more have been dis- April has been declared Vitiligo Awareness She has deep morals and a deep spiritual placed, leaving them without food, water or Month by Governor Jeb Bush of Florida. The connection to this universe. The world and shelter. American Vitiligo Research Foundation, lo- my life would be a different place without As Americans, it is our duty to pull together cated in my district in Clearwater, Florida, is her in it. to help our friends and allies during times of holding a seminar in April to bring attention to extreme crisis. I urge our government to expe- this disease. This is an opportunity for re- dite relief efforts, especially where entities searchers and doctors to discuss and share She is a very independent young woman such as the World Bank, the Inter-American information about Vitiligo. The seminar will who tries everyday to be true to herself. She Development Bank, and the United States also afford children with the disease the op- understands that a healthy spirit allows her Agency for International Development are con- portunity to understand that they are not to be the best she can be for herself and ev- cerned. alone. eryone else that she loves. This disaster also affected me on a deeply I would like to thank Stella Pavlides of personal level—I spent two years in the Peace Clearwater, Florida, who brought this disease She exemplifies everything that is fan- Corps and the people I met and worked with to my attention, and I commend her dedication tastic in contemporary womanhood; she is during my time in El Salvador’s rural villages to educating the public about Vitiligo. Although strong, self-directed, intelligent, warm, in- welcomed me into their homes and into their this disease does not physically harm a per- volved, and committed to her community hearts. My deepest sympathies go out to the son, it can destroy one’s spirit. Increased pub- and its people. people of El Salvador for the losses they have lic awareness is the only way to help reduce had to endure. the discrimination experienced by patients liv- I have spoken with President Francisco Flo- ing with this disease. When all else fails, she will at least make res of El Salvador and he has informed me you laugh. f that a massive relief effort is underway to pro- vide shelter, food and water. Many families CELEBRATING THE WOMEN OF are still taking refuge in public areas and soc- LEWISTON/AUBURN These are but a few examples of the cer stadiums. He also expressed fears that testimonials received on behalf of the hon- disease may run rampant due to open sewage HON. JOHN ELIAS BALDACCI orees. They speak to the importance and influ- pipes and contaminated water. I assured OF MAINE ence that these women have had on their President Flores that I would do what I could, IN THE HOUSE OF REPRESENTATIVES families, colleagues, and communities. to bring attention to this crisis. I also told him Wednesday, March 21, 2001 I am proud to have the opportunity to pay about the efforts going on in my home district of San Jose to help coordinate relief efforts. Mr. BALDACCI. Mr. Speaker, I rise today to tribute to the following Women of L/A here in Although the situation needs much attention, call my colleague’s attention to a dinner being the House of Representatives. The Honorees the most important thing to remember is that held next week in the Lewiston/Auburn com- are Marie-Paule Badeau, Wendy Jean there is hope. I have seen, with my own eyes, munities of Maine. The event, ‘‘Celebrating the Beaucage, Kathryn Beaule, Kim Blake, Sue the ability of El Salvadorans to persevere— Women of L/A,’’ will honor women who have Bowie, Rachael Caron, Joy Carter, Sonja and with the efforts of the good people in the touched the lives of others in their commu- Christiansen, Betty DeCoster, Kayt United States, we must and will help the peo- nities. Demerchant, Lorraine Gosselin, Sandra Hinds, ple of El Salvador pull through this trying time. For decades, the women of Lewiston and Melissa Holt, Pat Landean, Cathy Levesque, Again, I strongly urge that we expedite our ef- Auburn—like those throughout Maine, the na- Marty McIntyre, Debbie McLean, Kathleen forts to bring relief to the people of El Sal- tion and the world—have raised children, vador. served as caregivers, worked inside and out- Noel King, Beverly Ouellette, Cecelia Palange/ side the home, and volunteered their time and Sister Mary Vincent, Therese Parent, Joline f talents. They have maintained a strong and Richard, Alta Rogers, Doris Roy, Therese WOMEN’S HISTORY MONTH quiet foundation for our families that has nour- Samson-Blais, Dale Sherburne, Lise Smith, ished us all. The celebration will recognize all Marguerite Stapleton, Jess Whitaker, and Ja- HON. ADAM SCHIFF that women bring to families and our commu- nette Wing. OF CALIFORNIA nity. These 30 women are all extremely deserv- Those submitting nominations were asked IN THE HOUSE OF REPRESENTATIVES ing of this recognition, and I congratulate them to briefly describe what it was about the nomi- Wednesday, March 21, 2001 as they are recognized for their efforts in the nee that made her such a special and impor- Mr. SCHIFF. Mr. Speaker, March is Wom- tant part of the community. Here are a few ex- home, in the workplace and in the community. I know that they are also representative of en’s History Month and I would like to take amples: this opportunity to honor Stacey Murphy, an many other women throughout the commu- She has a remarkable zest for life and a elected City Council-member of the City of strong compassion for people who are less nities and as we honor them, we also look Burbank, California, as 2001 Woman of the fortunate than herself. She is a woman with around at the many other women who have Year for California’s 27th Congressional Dis- seemingly endless energy, who knows no made positive differences in L/A. I offer my bounds when called upon to help. trict. thanks and best wishes to all the women of L/ Ms. Murphy, who served a term as Mayor Growing up all of my friends called her A for making Lewiston and Auburn such a from 1999–2000 and Vice Mayor from 1998– ‘‘Mom.’’ Never one to pass judgment on our strong and vibrant community. 1999, has an exemplary record of service to CONGRESSIONAL RECORD — Extensions of Remarks E411 her community and has consistently strived to congressional office: he took time to under- David and Nenita Rodriguez’s emerald wed- improve the quality of life in her city. First stand his constituents, and their problems, and ding anniversary on March 9th. elected to the Burbank City Council in 1997, to do his homework, learning the issues and They were married in 1946 at Our Lady of Ms. Murphy has contributed to the success of knowing how the issues would affect his con- Mercedes Church in Havana, Cuba and have numerous municipal initiatives, including main- stituents. worked together to raise a family, accomplish taining the city’s electric utility, ensuring de- He is probably best known for his lifelong careers, and now enjoy all the rewards of their pendable power at reasonable rates for Bur- commitment to education, youth and democ- labors together. bank’s consumers; completing Burbank’s first racy. Veysey graduated from Caltech in 1936 They have been blessed with one son, Luis lighted field dedicated to the sport of soccer; with a Bachelor of Arts in Civil Engineering David II, and two grandchildren, Luis David III completing the community theater complex op- and from the University of Harvard Business and Luisa Margarita, who fill their lives with erated by the renowned Colony Theater; im- School in 1938 with a MBA in Industrial Man- joy. plementing the ‘‘Got Wheels’’ youth transpor- agement. The next natural course was to Mr. Rodriguez attributes the success of his tation program; approving the construction of a teach, which Vic did for 11 years at Caltech marriage to his wife, who has always sup- new Buena Vista library; and seeking to pro- and Stanford. At Caltech, he worked on dif- ported him in decisions impacting their lives, tect Burbank’s residents form the adverse im- ferent rocket projects during World War II and encouraged him to reach goals he aimed for, pacts caused by the Burbank Airport. As a aspects of the atomic bomb, Project Camel. and is steadfast in her devotion to her family. representative of the citizens of Burbank, Ms. Vic Veysey then returned to his roots and Because a successful marriage is a joint ef- Murphy has been a force for finding common began his political career—running and win- fort, both Mr. and Mrs. Rodriguez have con- ground on the issues and challenges con- ning a seat on the Brawley School Board, tributed as much to reach this joyous celebra- fronting the city. where he was instrumental and a founding tion. Prior to her election to the City Council, Ms. trustee in establishing the Imperial Valley Col- I want to join their family and friends in con- Murphy served as a member of the Magnolia lege. In 1962, Vic was elected to the California gratulating them on their emerald wedding an- Park Citizens Advisory Committee, the City of State Assembly, where he served four terms niversary and sincere wishes for many more Burbank Park and Recreation Board, her local (1962–1971). My colleague, Mr. LEWIS of Cali- anniversaries. School Site Council, the Roosevelt Elementary fornia had the honor to work with Vic Veysey f PTA and the Gate Advisory Committee. She during his assembly days, before they were has also brought leadership to the regional both elected to the U.S. House of Representa- HONORING THE BIRTH OF PEYTON level, serving as a board member of the San tives. MARGARET GORDON Fernando Valley Transit Zone and as a rep- After leaving Congress, Vic Veysey served resentative to the Southern California Associa- as assistant secretary of the Army during the HON. BOB CLEMENT tion of Governments. Ford Administration. His love of education re- OF TENNESSEE Born on May 12, 1958 in Los Angeles, Cali- mained, however, and he returned to Cali- IN THE HOUSE OF REPRESENTATIVES fornia to assume the directorship of Caltech’s fornia, Ms. Murphy graduated from Hollywood Wednesday, March 21, 2001 High School in 1976 and attended California Industrial Relations Center, becoming a direc- State University, Northridge. A Burbank resi- tor emeritus for the Industrial Relations Mr. CLEMENT. Mr. Speaker, I rise today to dent for the past 17 years, Ms. Murphy is the Departent upon his retirement. congratulate my friend and colleague the Hon- proud mother of Sean, age 16, Robert, age Vic is survived by his wife of 60 years, orable BART GORDON on the birth this morning 14, and Connor, age 8. Janet, three sons, a daughter, nine grand- of his first child, Peyton Margaret Gordon. As Burbank Mayor Bill Wiggins has said, children and five great-grandchildren. BART and his lovely wife, Leslie, are truly ‘‘Stacey Murphy does a great job of bringing Mr. Speaker, looking back at Vic’s life, we blessed with the birth of this beautiful little girl, opposing sides together and coming up with see a life dedicated to public service and edu- who came into this world at a healthy 6 creative solutions that ensure everyone has cation. An American whose gifts to the Impe- pounds, 12 ounces, and 18 inches. As a fa- been treated fairly.’’ I am proud to name rial Valley and California led to the betterment ther myself, I know what this day means to Stacey Murphy as 2001 Woman of the Year of those who had the privilege to come in con- BART. for California’s 27th Congressional District. tact or work with Vic. Honoring his memory is I wish him and Leslie the best and hope the f the least that we can do today for all that he rest of their days are as full of love and joy as gave over his 85 years of life. this day has been. TRIBUTE TO VICTOR ‘‘VIC’’ V. f f VEYSEY PERSONAL EXPLANATION WOMEN’S HISTORY MONTH HON. KEN CALVERT OF CALIFORNIA HON. TODD TIAHRT HON. MELISSA HART OF KANSAS IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES Wednesday, March 21, 2001 IN THE HOUSE OF REPRESENTATIVES Wednesday, March 21, 2001 Mr. CALVERT. Mr. Speaker, I join today Wednesday, March 21, 2001 Mr. TIAHRT. Mr. Speaker, on March 20th, I with my colleagues, Congressmen JERRY Ms. HART. Mr. Speaker, Susan B. Anthony was unavoidably detained and missed rollcall LEWIS, DUNCAN HUNTER and DAVID DREIER, to once said that she prayed every moment of votes numbered 51 and 52. Rollcall vote 51 pay tribute to a most wonderful person, former her life. Not on her knees, but in her work. was on passage of H. Res. 67, recognizing Member of Congress, friend and great Amer- She said that she prayed to bring women to the impact tuberculosis has on minority popu- ican—Victor ‘‘Vic’’ V. Veysey—who passed an equal standing with men. It is this sense of lations and the need to combat it on a world- away at 85 last month. equality and justice that we celebrate during wide basis. Rollcall vote 52 was on passage Calvin Coolidge, America’s 13th President, Women’s History Month every March. As im- of H. Con. Res. 41, expressing sympathy for once said, ‘‘No person was ever honored for portant as it is to recognize the courage and the victims of the El Salvadoran earthquakes. what he received; honor has been the reward vision of women’s past accomplishments, it is Had I been present I would have voted ‘‘yea’’ for what he gave.’’ and Vic Veysey gave much even more important to take our cue from on both H. Res. 67 and H. Con. Res. 41. during his years of public service and teach- those pioneers and act to alleviate some of ing. f the injustices that still take place. One such in- A member of the House of Representatives ANNIVERSARY OF LUIS DAVID justice is the continuing problem of domestic from 1971 to 1975, Vic Veysey made a great AND NENITA RODRIGUEZ violence. impact in a short amount of time upon the Im- Studies have shown that each year, more perial Valley, California and the nation. In fact, HON. ILEANA ROS-LEHTINEN than 2 million women are assaulted by their I attribute an internship in his Washington, OF FLORIDA partner—while the real number may be twice D.C. office for piquing my own interest in poli- that. I do support efforts to counsel and IN THE HOUSE OF REPRESENTATIVES tics. It was 1973, during Vic Veysey’s second change abusers. Many abusers have been term and the Senate Watergate hearings. It Wednesday, March 21, 2001 able to change their attitudes and behavior to- was an incredible time in American politics. Ms. ROS-LEHTINEN. Mr. Speaker, I would wards their partners and keep their families to- More impressive, though, was how Vic ran his like to take this opportunity to recognize Luis gether. Unfortunately, many have not, and the E412 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2001 women, despite the threat to themselves and call for gun control when commenting on the ant Colonel Richard P. McFarland as he pre- their children, stay in these abusive relation- tragedy. Instead, he focused on the heart of pares to culminate his active duty career in ships. According to the National Coalition the matter. ‘‘All adults in society can teach the United States Air Force. Rich is the epit- children right from wrong, can explain that Against Domestic Violence, one of the major life is precious,’’ he said. ome of an outstanding officer and leader. reasons women stay in them is a lack of re- The media seemed almost disappointed. Lieutenant Colonel McFarland received his sources or fear of independence—a sense The last line of an Associated Press story commission more than 20 years ago from the that there is nowhere else for them to go, and read: President Clinton used a rash of school United States Air Force Academy. A graduate there is nowhere for them to get help. They shootings during his term to call for stiffer of Auburn University, as well as the Air War believe that if they leave their partners, they gun control laws. Bush did not mention the College, Rich McFarland has met the many will be forced into poverty and unable to pro- issue. challenges of military service as an Air Force vide for their children. Thank goodness. It is time for America to Officer, and has faithfully served his country in stop trying to use Band-Aid fixes to solve Strong women fought to break all women problems of the heart. Instead of seeking a variety of command and staff assignments. free from the shackles of being second-class more gun control, we should be asking why Rich concludes his career as the Special citizens those many years ago. We vote, we some of our children think it is OK to kill Assistant for Space, C3I and Intelligence in work, and we succeed on our own. But too people they dislike. the Office of the Assistant Secretary of De- many still need help to enjoy this freedom Let that sink in a moment. Some of our fense for Legislative Affairs; he was instru- completely. One of the most impressive pro- children think it is OK to shoot a person who mental in advising the Defense Department grams that I have come across in my years in has hurt them. That’s a gun control issue? leadership on a broad range of national secu- public service that addresses these concerns We need to face the facts as a nation that rity issues of immediate interest to Congress. these kids no longer believe the command- is New Choices/New Options. This program ment ‘‘thou shall not kill’’ applies to them. Rich’s extensive knowledge of intelligence provides these new heads-of-household with They have come up with their own definition matters and space operations are instrumental the skills necessary to compete in today’s of reality and it has nothing to do with what in his role as the chief advisor to the Secretary marketplace. It is a program focused on pro- most people would deem morally correct. of Defense, Deputy Secretary of Defense and viding assistance for displaced homemakers. A radio commentator the other day said other Department of Defense Officials regard- What is most notable about this program is we shouldn’t be surprised by the violent ac- ing national security strategy issues. that in addition to teaching career develop- tions of some young people. Every day they Mr. Speaker, service and dedication to duty live in a world that encourages them to come have been the hallmarks of Lieutenant Colonel ment skills, it helps to instill a new sense of up with their own definitions of right and self-confidence in the women who participate wrong, from sexual promiscuity to illegal McFarland’s career. He has served our nation in this program. Many women who come from drug, alcohol and tobacco use to underage and the Air Force well during his years of abusive relationships not only need job train- viewing of violent R-rated movies and more. service, and we are indebted for his many ing, but perhaps more importantly, they need We encourage young people to come up contributions and sacrifices in the defense of the tools to help rebuild their lives—they need with their own solutions to problems in the United States. I am sure that everyone us to help them become pioneers for their chil- school and life, often telling them there is no who has worked with Rich joins me in wishing dren’s futures. wrong answer. We don’t want to place limits him and his wife, Anne, health, happiness, Participants work one-on-one and in group on their answers—that might stifle cre- ativity. We expose them to images, concepts and success in the years to come. settings to assess their needs and then design and viewpoints that require maturity to un- f a plan to help meet these needs. They learn derstand. We expect them to make good conflict resolution techniques and develop ef- choices. THE CLEAR YOUR GOOD NAME fective decision-making skills. This program But in giving them all this freedom to ACT helps participants build a safe and secure fu- choose, some kids are having a hard time fig- ture for themselves and their families. It is so uring out where the boundary line is between HON. JERROLD NADLER acceptable and unacceptable behavior. The crucial that these women break this new OF NEW YORK fact is our children need boundaries. They ground like their sisters before them so they need rules. They need to know there are IN THE HOUSE OF REPRESENTATIVES can break the cycle of domestic violence. many incorrect solutions to the problems Wednesday, March 21, 2001 Domestic violence is a societal ill that can they are encountering. They need to be occur at any time, to anyone. Let us confront taught what is right and what is wrong and Mr. NADLER. Mr. Speaker, according to the this issue head on, so that during some future they need it pounded in their heads over and Source of Criminal Justice Statistics, there celebration of Women’s History Month, some- over and over again until you are so sick of were more than 10 million arrests in 1999 one can take to this very floor and commemo- doing it you are ready to throw in the towel alone. Many of these arrests led to criminal rate the end of domestic violence. as a parent. And then they need it again. convictions and helped make our streets and It’s time for America to quit asking ‘‘why’’ f communities safer. The men and women of these shootings keep happening. We know law enforcement play a critical role in enforc- that answer. These kids have sick hearts. SCHOOL SHOOTINGS PLAGUING ing our laws and creating a just society. We OUR SOCIETY And they don’t know the morally correct way to deal with the problems they are fac- owe them all a debt of gratitude for their serv- ing. ice. HON. DAVE CAMP Our kids need to be taught right from However, as any police officer will tell you, OF MICHIGAN wrong. They need to have boundaries they sometimes someone is arrested who is not IN THE HOUSE OF REPRESENTATIVES cannot cross without facing consequences. guilty of any crime. It could be a case of mis- They need to know some values and beliefs Wednesday, March 21, 2001 taken identity or of someone being in the are not negotiable. And they need all of wrong place at the wrong time. Perhaps Mr. CAMP. Mr. Speaker, I rise to discuss a these things while being taught under a for- giving umbrella of love. Then, and only then, someone falsely accused an innocent person tragic and horrible situation plaguing our soci- or simply lied to the police. When the mistake ety, the incidences of school shootings. I will America be attacking the heart of the problem. or false accusation is discovered, the innocent would like to call the attention of my col- person is free to go, but the record of the ar- f leagues to the following article by Mr. John rest can haunt him or her for the rest of his or Telfer, which appeared in the Midland Daily TRIBUTE TO LIEUTENANT COLO- her life. News on Sunday, March 11, 2001. He offers NEL RICHARD P. MCFARLAND Today, we are announcing the introduction great and truthful insight into the appalling so- UNITED STATES AIR FORCE ON of the Clear Your Good Name Act, which cial problem of school shootings. He correctly THE OCCASION OF HIS RETIRE- would require the expungement of voided ar- writes that the answer is not more unneces- MENT rest records in order to clear the names of in- sary gun laws, but rather we must find a solu- nocent people. tion that addresses the moral breakdown in HON. JOHN E. PETERSON The bill defines a ‘‘voided arrest’’ as any ar- our society. He truly writes about ‘‘The Heart rest followed by the release of the person of the Matter.’’ OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES without the filing of formal charges, by dis- THE HEART OF THE MATTER missal of proceedings against the person ar- (By John Telfer) Wednesday, March 21, 2001 rested, or by a determination that the arrest President Bush, in the aftermath of the Mr. PETERSON of Pennsylvania. Mr. was without probable cause. The bill would re- latest school shooting, did not make a new Speaker, I rise today to pay tribute to Lieuten- quire expungement of voided Federal arrest CONGRESSIONAL RECORD — Extensions of Remarks E413 records and would provide a financial incen- it was in error and will allow him to become a both on climate change and drilling in the Arc- tive to States to provide for expungement of police officer. Unfortunately, not everyone is tic Refuge. If they can roll over environmental voided State records. Some States have en- as capable as Lt. Gomez, and many people protection in these areas, none of our environ- acted laws requiring the expungement of void- are unfairly harmed by voided arrest records mental laws and regulations will be safe from ed arrest records, and we want to encourage that are never expunged. Thus the need for attack. other States to follow their lead. This bill would this bill. I call on President Bush to stand up for the make States with expungement statutes eligi- I am hopeful that with a strong coalition American people and the environment. We ble to receive a 10-percent increase in crime working together we can pass this legislation must move quickly to counter global warm- control funding. Specifically, it would increase and enable innocent people to clear their good ing—our future depends upon it. the Edward Byrne Memorial State and Local names and go about their lives free from the Law Enforcement Assistance programs. For harmful effects of a mistaken arrest. f 2001, Congress appropriated $569 million for f these programs. If every State passed an CELEBRATING GREEK expungement law, the cost would be $56 mil- ENERGY AND GLOBAL WARMING INDEPENDENCE DAY lion. These funds are used to reduce drug de- mand, improve effectiveness of law enforce- HON. NANCY PELOSI SPEECH OF ment operations, and assist citizens in pre- venting crime. OF CALIFORNIA HON. BENJAMIN A. GILMAN When people are mistakenly arrested and IN THE HOUSE OF REPRESENTATIVES OF NEW YORK then released after it is determined that they Wednesday, March 21, 2001 IN THE HOUSE OF REPRESENTATIVES are innocent, they should not have to carry the Ms. PELOSI. Mr. Speaker, I rise to express Tuesday, March 20, 2001 burden of the mistaken arrest with them for my deep concern about the direction President the rest of their lives. We know that arrest Mr. GILMAN. Madam Speaker, I am Bush is taking on energy and global warming. records can prejudice opportunities for school- pleased to rise in support of the celebration of The overwhelming majority of climate sci- ing, employment, professional licenses, and Greek independence, and I thank our col- entists agree that the earth’s atmosphere is housing. But innocent individuals who have leagues, the gentleman from Florida (Mr. BILI- warming, and human activities, especially done nothing wrong should not be marked for RAKIS) and the gentlelady from New York (Mrs. combustion of fossil fuels, are contributing to life. MALONEY), for reminding us of the important the warming trend. Lt. Manny Gomez is a perfect example of role Greece has played in the past and plays how an innocent person with a voided arrest Robert Watson, chairman of the Intergov- now. record was unfairly denied access to a job. ernmental Panel on Climate Change, has said, It is important that we join together to cele- Before I tell his story I want to say a few ‘‘We see changes in climate, we believe hu- brate the 180th anniversary of Greek inde- words about Lt. Gomez. He came to my office mans are involved, and we’re projecting future pendence and to pay tribute to a nation which two years ago to inform me of this problem, climate changes much more significant over is considered the birthplace of democracy. and has worked diligently with my staff and the next 100 years than over the last 100 Lest we forget, the world owes a great deal to with other Members of the House and Senate years.’’ the nation that first developed the concept of to correct an injustice. He has been called ‘‘te- Coastal areas, such as my district of San majority rule, a concept that is at the very nacious’’ by the NY Daily News, and has been Francisco, will face serious challenges from heart of our own institutions. profiled in the New York Times. He has global warming. Sea levels are rising both be- In 1821, Greek patriots rose up against the worked with the NY City Council and with the cause ice sheets are melting and because the Ottomans, who for nearly 400 years had cur- NY State Assembly to pass expungement leg- ocean is expanding as it absorbs heat from tailed their basic civil rights. The struggle of islation. He is an example of a crusader who the atmosphere. The projections for the rise in the Greek patriots won the support of many in stays focused, works hard, and demands re- sea level between 1990 and 2100 range from Western Europe and in the United States. The sults. We are lucky to have him as a cham- a low of 3.54 inches to a high of 34.64 French, the British, and the Russian govern- pion of this cause. inches—close to three feet. ments, strongly identifying with the descend- This is his story. In 1995, Lt. Gomez, two President Bush says, ‘‘My Administration ants of a nation that had so strongly influ- army duffel bags by his side, was approached takes the issue of global climate change very enced Western civilization, intervened on be- by police officers in the train station because seriously.’’ During his campaign, he pledged to half of the Greeks, forcing the Ottoman Em- he happened to fit the description of someone reduce emissions from electric utilities, includ- pire to recognize Greece as an independent they were looking for. He told them he was ing carbon dioxide. Last week, responding to state in 1829. not the person, but he went voluntarily to the a concerted campaign from the electric utility Our nation has greatly benefited from the police station. Within five minutes another offi- and fossil fuel industries, he broke that prom- contributions of Greek immigrants who have cer determined that indeed he was not the ise. The environment, and the human commu- substantially contributed their toil, their knowl- person they were looking for, and he was re- nities around the world that will be harmed by edge and their skills to our American society. leased after he gave the police his name and climate change, will suffer the consequences. We have been blessed with a strong, vibrant address. He was unaware that the encounter Instead of encouraging the U.S. to reduce Greek-American community who have signifi- generated what is called a voided arrest our dependence on the fossil fuels that cause cantly contributed to our culture, our pros- record. Years later when he applied for a job global warming, by using energy more effi- perity, and who have deeply embraced the at the police department, he told them—what ciently ideals of Democracy. he believed to be true—that he was never ar- The Administration has made drilling in the Greece has been an island of peace and rested. Unfortunately, the voided record had Arctic National Wildlife Refuge the centerpiece security in a sea of troubles which have em- not been expunged, and the police found the of their energy policy. They say we need oil braced the Balkans, and today plays an impor- record and accused him of not being truthful. from the Refuge to reduce our dependence on tant role in assisting in our efforts to bring The case of mistaken identity had come back foreign oil. They even point to the electricity peace and security to the entire region. With to haunt him, and he was not allowed to be- shortages in California as a reason to drill for regard to Cyprus, Greece is still in the process come a police officer. He was never aware oil in the Refuge. But oil is used to generate of trying to reconcile the 27-year occupation of that he was arrested, so he then began less than one percent of California’s electricity, that Island by the Turkish army. searching for the reason for the record. After truly a negligible amount. Thousands of Greeks fought and died for he investigated his case and discovered what Not only would oil from the Refuge do noth- their independence in the same fashion that had happened, he found that there was no law ing to help California, but it would also do very America’s founders fought and died. As to provide for the expungement of voided ar- little to increase America’s energy supply. Greece prepares to welcome the world to the rest records, even if the person was com- Over the next half century, the coastal plain of Athens Olympics in 2003, let us join in cele- pletely innocent of all charges. After a lengthy the Refuge would contribute less than 1 per- brating this very special Greek Independence battle over several years he was finally able to cent of the oil consumed in the U.S. Day, and let us hope and pray that we can explain the situation to the police department. The Administration is using the energy crisis soon celebrate peace and reunification on Cy- The police department has since realized that to score victories against the environment, prus. E414 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2001 VIOLENCE AGAINST WOMEN Greeks of the last century fought to regain de- that issues which need attention is always the mocracy, careful analyses of the political and first step necessary to addressing the prob- HON. JANE HARMAN basic human freedoms climate in today’s lem. The Commission has received many re- OF CALIFORNIA Greece paint a sobering picture of how funda- ports regarding the Roma community in IN THE HOUSE OF REPRESENTATIVES mental and precious freedoms are treated. Greece, including disturbing accounts of per- Wednesday, March 21, 2001 Taking a look at the issues which have vasive discrimination in employment, housing, been raised in the Organization for Security education, and access to social services, in- Ms. HARMAN. Mr. Speaker, during Wom- and Cooperation in Europe (OSCE) Human cluding health care. With a very high illiteracy en’s History Month, I would like to highlight Dimension Review Meetings and will be con- rate, this segment of Greek society is particu- one of the cruelest and most widespread sidered over the next week at the United Na- larly vulnerable to abuse by local officials, in- forms of violence: violence against women. In tions Committee on the Elimination of All cluding reports of Roma being denied registra- 1999, there were over 59,000 domestic vio- Forms of Racial Discrimination (CERD), a few tion for voting or identity cards that in turn pre- lence calls for assistance in Los Angeles of the most critical human dimension concerns vents them from gaining access to govern- County—755 in my district alone. And those about contemporary Greece affect the free- ment-provided services. Particularly alarming are just the women who call. dom of expression, the freedom of religious are incidents such as the forced eviction of an I am taking this opportunity to mention two belief and practice, and protection from dis- estimated 100 families by order of the mayor shelters located in my district. Rainbow Serv- crimination. of Ano Liossia and the bulldozing of their ices, a shelter in San Pedro, California, was Legal restrictions on free speech remain on makeshift housing in July of 2000. Similar inci- the first shelter to establish an emergency re- the books, and those convicted have typically dents have occurred in recent years in Agia sponse program in Los Angeles County for been allowed to pay a fine instead of going to Paraskevi, Kriti, Trikala, Nea Koi, and battered women and children. Rainbow Serv- jail. In recent years, though, Greek journalists Evosmos. ices provides resources and guidance that and others have been imprisoned based on Our Founding Fathers relied heavily on the help battered women end abuse. Women at statements made in the press. This was noted political and philosophical experience of the the shelter are given help obtaining a restrain- in the most recent Country Report on Human ancient Greeks, and Thomas Jefferson even ing order and there is a large network of al- Rights Practices prepared by the Department called ancient Greece ‘‘the light which led our- most 20 weekly peer support groups. As im- of State. The International Press Institute has selves out of Gothic darkness.’’ As an ally and portant, all services are offered in Spanish, al- also criticized the frequent criminal charges a fellow participating State of the OSCE, we lowing access for more women to seek help. against journalists in cases of libel and defa- A second shelter, the 1736 Family Crisis have the right and obligation to encourage im- mation. plementation of the commitments our respec- Center in Hermosa Beach, also offers unique Religious freedom for everyone living in and important help. The Center aids women tive governments have made with full con- Greece is not guaranteed by the Greek Con- sensus. I have appreciated very much and ap- and children who need to use emergency stitution and is violated by other laws which services by allowing them to stay one month plaud the willingness of the Government of are often used against adherents of minority Greece to maintain a dialogue on human di- with confidential shelter. Second Step Shelters or non-traditional faiths. Especially onerous also provide transitional abuse counseling and mension matters within the OSCE. We must are the provisions of Greek law which prohibit continue our striving together to ensure that all offer independent living skills training, which the freedom of religious allows women to become self-sufficient after citizens enjoy their fundamental human rights These statutes have a chilling impact on re- and freedoms without distinction. their time at the shelter. ligious liberty in the Hellenic Republic and are Mr. Speaker, violence against women is still inconsistent with numerous OSCE commit- f an epidemic in this country. It is my hope this ments which, among other things, commit important issue continues to receive govern- Greece to take effective measures to prevent RAILROAD RETIREMENT AND SUR- ment attention. Shelters, like those in my dis- and eliminate religious discrimination against VIVORS IMPROVEMENT ACT OF trict, must receive the necessary resources so individuals or communities; allow religious or- 2001 all women in need have access to a safe and ganizations to prepare and distribute religious confidential home. We cannot ignore this materials; ensure the right to freedom of ex- HON. NICK J. RAHALL II issue, or sweep it under the rug. Only con- pression and the right to change one’s religion stant vigilance and providing women with tools or belief and freedom to manifest one’s reli- OF WEST VIRGINIA and knowledge will be successful in ending gion or belief. Over the last ten years, the Eu- IN THE HOUSE OF REPRESENTATIVES the cycle of domestic violence. ropean Court of Human Rights has issued Wednesday, March 21, 2001 f more than a dozen judgments against Greece for violating Article 9 (pertaining to Freedom of Mr. RAHALL. Mr. Speaker, I am pleased to CELEBRATING GREEK join my colleagues on the Committee on INDEPENDENCE DAY Thought, Conscience and Religion) of the Eu- ropean Convention on Human Rights. Transportation and Infrastructure in introducing SPEECH OF One positive development was the decision the ‘‘Railroad Retirement and Survivors’ Im- made last summer to remove from the state- provement Act of 2001’’ today. HON. CHRISTOPHER H. SMITH issued national identity cards the notation of In the Third District of West Virginia, we OF NEW JERSEY one’s religious affiliation. In May 2000, Min- have 8,300 citizens who will benefit from this IN THE HOUSE OF REPRESENTATIVES ister of Justice Professor Mihalis Stathopoulos bill, which ranks southern West Virginia sev- Tuesday, March 20, 2001 publicly recognized that this practice violated enth in the United States. Mr. SMITH of New Jersey. Madam Speaker, Greece’s own Law on the Protection of Per- The bill we are introducing today will double 180 years ago the Greek people rose against sonal Data passed in 1997. The decision fol- benefits for widows of railroad retirees, reduce the Ottoman Empire to free themselves from lowed a binding ruling made by the relevant the retirement age from 62 to 60 years of age oppression and to reestablish not only a free Independent Authority which asked the state with 30 years of service, and allow a person and independent state, but a country that to remove religion as well as other personal to be vested in the system after five years of would eventually regain her ancient status as data (fingerprints, citizenship, spouse’s name, service, rather than 10 years, as currently re- a democracy. In congratulating the people of and profession) from the identity cards. This quired. Greece on the anniversary of their revolution, has long been a pending human rights con- No taxpayers’ dollars will be used to finance I join in recognizing the distinction earned by cern and an issue raised in a hearing on reli- these railroad retirement benefits, which are Greece as the birthplace of democracy and gious freedom held by the Commission on Se- paid by employer and employee taxes. her special relationship with the United States curity and Cooperation in Europe (which I Co- This bill includes the exact provisions of in our fight together against Nazism, com- Chair) in September 1996. H.R. 4844, which I helped to write last year, munism and other aggression in the last cen- I am pleased to note that Greece has ac- and which passed the House by an over- tury alone. Yes, democrats around the world knowledged in its most recent report to the UN whelming vote of 391–25 on September 7, should recognize and celebrate this day to- CERD that the problems faced by the Roma 2000. However, the Senate did not act on the gether with Greece to reaffirm our common community (which has been a part of Greek bill. democratic heritage. society for more than 400 years), migrant The bill is a product of two years of negotia- Yet, Mr. Speaker, while the ancient Greeks workers and refugees are ‘‘at the core of the tion between management of the railroad in- forged the notion of democracy, and many concern of the authorities.’’ The recognition dustry and railroad workers. As last year’s CONGRESSIONAL RECORD — Extensions of Remarks E415 vote demonstrates, the bill has strong bi-par- HONORING THE LATE DOCTOR Doctor Bill is survived by his wife Opal, tisan support. I will work to bring the bill to the JESSE W. AUSTIN daughters Sue Thigpen and Judy Webb, sons House floor for a vote, and I expect to see the J. W. ‘‘Ace’’ Richard and Terry, their husband same strong support as last year. HON. CHARLES W. ‘‘CHIP’’ PICKERING and wives, 14 grandchildren, 1 great grand- Once this bill becomes law, it will enable OF MISSISSIPPI child, and many nieces and nephews. Doctor railroad retirees and widows to enjoy a better IN THE HOUSE OF REPRESENTATIVES Bill was a great man. He loved the Lord, his quality of life, by receiving the increased bene- Wednesday, March 21, 2001 family, his friends, his country, his state, and fits which they deserve. They spent their work- by all means Forest and Scott County. He Mr. PICKERING. Mr. Speaker, I rise today ing lives paying into their retirement and they served others to the best of his ability. It is my to pay tribute to the late Doctor Jesse W. Aus- deserve to reap decent benefits. honor to pay tribute and express my apprecia- tin, Sr., a constituent of mine who passed tion and that of the 3rd Congressional District away on Monday, February 12, 2001, at his f of Mississippi for his life of service and con- residence in Forest, Mississippi. Dr. Austin, af- tributions to the betterment of our nation and PREVENT CHILD ABUSE—N.J. fectionately known as ‘‘Doctor Bill’’, was 84 all mankind. APRIL BLUE RIBBON CAMPAIGN years of age at the time of his death and had been a practicing physician in the City of For- f est and Scott County for more than 39 years. SUN CHRONICLE IS RIGHT ON THE HON. FRANK PALLONE, JR. Doctor Bill was born in Osyka, Mississippi in MONEY REGARDING NURSING OF NEW JERSEY 1916 but moved to Forest in 1924. He grad- HOMES IN THE HOUSE OF REPRESENTATIVES uated from Forest High School in 1934, Mis- Wednesday, March 21, 2001 sissippi State University in 1938, and Tulane HON. BARNEY FRANK Medical School in 1942. Shortly after grad- Mr. PALLONE. Mr. Speaker, I would like to uating from Tulane, Doctor Bill entered the OF MASSACHUSETTS remind my colleagues that the month of April United States Army and served with the U.S. IN THE HOUSE OF REPRESENTATIVES is Child Abuse Prevention Month. Throughout 3rd Army in Europe as a Battalion Surgeon. Wednesday, March 21, 2001 the month, thousands and perhaps millions of He participated in 5 major battles which began Mr. FRANK. Mr. Speaker, on Saturday, individuals from around the country who are with the Normandy Invasion and ended in March 10, an editorial in the Sun Chronicle, working to reduce child abuse will be wearing Yugoslavia on VE Day. Doctor Bill’s service published in Attleboro, Massachusetts, accu- blue ribbons to draw attention to this monu- decorations included the Silver Star, two rately analyzed one of the major causes for mental national concern. Bronze Stars, and the Purple Heart. At the the difficulties we are facing in providing de- Prevent Child Abuse—New Jersey is under- Battle of the Bulge, he was known as the cent nursing home care. As the editorial notes, taking the blue ribbon campaign in my state ‘‘Battling Surgeon.’’ ‘‘the main problem can be traced back the with a kickoff event on March 28. Upon returning from Service in 1945, Doctor Balanced Budget Act of 1997.’’ As the Sun This organization serves as a national Bill began his medical practice with his father, Chronicle editorial writers note, today, ‘‘pa- model for how a statewide group can make a Doctor R.B. Austin, II. At that time, most pa- tients sit neglected in nursing homes, difference in combatting a serious social prob- tient care was done either at the patient’s . . . meanwhile the federal and state govern- lem. home or in the doctor’s office. It was not un- ments—both enjoying budget surpluses—pay usual for Doctor Bill to spend most of his day By establishing local partnerships, PCA–NJ the nursing homes less than it costs to take making house calls and treating patients. He helps communities, strengthens families and care of patients.’’ supports parents through parenting programs, had a bedside manner with his patients that It is disgraceful in this wealthy nation for us truly reflected his love and concern for their education and training, advocacy and public to allow this situation to continue. We allocate well-being. Because of his caring attitude, awareness programs. far too little of our great wealth to pay the hard Doctor Bill endeared himself to all the resi- Valuable PCA–NJ programs include the working people who provide essential nursing dents of Forest and Scott County that lasted Parent Linking Project, which provides com- home services, and the consequence is that until his final day of life. During his medical ca- prehensive services to teen parents and their we do not provide these services nearly as reer, Doctor Bill delivered more than 3500 ba- children at school; Healthy Families, under well as we should. I was delighted to read this which intensive, home visitation services are bies, most of whom were born at home. Doctor Bill served as the first president of forceful, thoughtful, persuasive editorial in the provided to overburdened parents of the Mississippi Chapter of the Battle of the Sun Chronicle and I ask that it be shared newborns; Every Person Influences Children, Bulge Veterans. It was he who stepped for- here. which sponsors parent education workshops ward in 1994 to provide the leadership to form [From the Sun Chronicle, Mar. 10, 2001] for parents and training for teachers to incor- the state’s first Battle of the Bulge Veterans NURSING HOME NEGLECT IN AN AGE OF porate life skills and character education into group and helped organize the inaugural SURPLUSES daily curricula, and the Adolescent Pregnancy meeting of the group in Forest. He was a What’s wrong with this picture? Prevention Initiative, which undertakes case member of the Forest United Methodist Patients sit neglected in nursing homes, management and counseling programs for Church and was an ardent Mississippi State wounds soaking through bandages, food teens to build self esteem and help them University supporter. He was also a member growing cold before feeding help arrives, make healthy choices. and past president of the Central Medical So- sheets smelling of urine. Administrators can’t fill aide positions and nurses leave for In addition to the Blue Ribbon Campaign, ciety. Doctor Bill was active in civic affairs and PCA–NJ also sponsors many public education higher-paying jobs. he and his wife were honored as Forest’s Meanwhile, the federal and state govern- and community awareness efforts, including a ‘‘Citizens of the Year’’ and named grand mar- ments—both enjoying budget surpluses—pay speakers’ bureau, loaned materials under the shals of the Christmas Parade in 1984. the nursing homes less than it costs to take New Jersey Parenting Education Resource Doctor David Lee, a medical colleague of care of patients. Center (PERC); and a web site and 800 num- Doctor Bill said that ‘‘he was one of the best This fractured picture is all too real, as the ber for information and other resources. general practitioners I’ve known. He was one Sun Chronicle’s Rick Thurmond reported in Mr. Speaker, in New Jersey, each year, of the most dedicated doctor I’ve been associ- last Sunday’s edition. over 80,000 calls are made to the N.J. Divi- The only thing that explains this uncon- ated with.’’ Doctor Howard Clark, a physician scionable situation is politics—and only poli- sion of Youth and Family Services by con- from Morton, Mississippi said both Doctor Bill tics can fix it. cerned citizens and professionals reporting and his father were wonderful doctors stating, The main problem can be traced back to suspected child abuse and neglect. This figure ‘‘They were down-to-earth, ethical, people lov- the Balanced Budget Act of 1997, enacted to for just one state gives us an idea of the ex- ing doctors.’’ Sid Salter, editor of the Scott counteract federal deficits and eventually tent of this shameful problem in our country— County Times said, ‘‘Doctor Bill died as he bring the budget into balance. the most advanced, educated and prosperous lived—a well loved and respected man. He did Thanks to the surging economy, that day nation in the world. It is my hope that drawing not talk patriotism, he lived it. He did not talk arrived far sooner than expected, and now attention to this problem, as we are doing in of healing. He used his head, heart and hands such a big surplus is projected that a major tax cut is supported by both parties. New Jersey and around the country with the to bring it about in his fellow man regardless The Medicare cuts in the Balanced Budget Blue Ribbon Campaign, will eventually and of their race, creed, color, or economic status. Act, while softened last fall, continue—plac- dramatically reduce the incidence of child He did not speak of his service to mankind. ing nursing home companies in an impos- abuse.] He simply rendered it day by day.’’ sible position. E416 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2001 The government pays for 80 percent of to the cosmos—the new International Space Not far off on the horizon, Shaw says, are nursing home patients. In Massachusetts, Station—orbiting 220 miles above the earth aircraft that will burn dramatically cleaner Medicaid provides about $130 a day for pa- and taking shape as a base camp for the fu- fuel, reducing carbon dioxide and nitrogen tients, while the costs are about $150. ture exploration of our solar system. oxide emissions that contribute to global The result is such low salaries that the Back on the ground, scientists and bio- warming and smog. Those same planes will homes have difficulty keeping aides and pro- medical researchers from the National Aero- boast engines that are barely audible to the fessionals alike, with a direct impact on pa- nautics and Space Administration (NASA) human ear on the ground once the planes are tient care and comfort. are paying special attention to the space sta- beyond airport boundaries. Yet the biggest But even keeping salaries low isn’t doing it tion’s evolving construction from labora- advancement that could arrive in less than a for nursing homes. A number have closed, in- tories located in Cleveland. That’s right, generation will be fleets of ‘‘smart air- cluding Sheldonville Nursing Home in Cleveland. As in Ohio. The city pressed up planes,’’ whose computer systems adjust en- Wrentham and Van Dora Nursing Home in against the southern shore of Lake Erie. gines in flight to make them fly more effi- Foxboro. One-fourth of the state’s nursing Surprising to many is that quietly over the ciently. And where commercial flights are homes face bankruptcy. past half-century some of the most revolu- concerned, efficiency results in the need for Obviously, the answer is money, and the tionary advancements in space and aviation less fuel. Ultimately, that would mean better money is there. The question is whether it technology have been developed at Lewis bargains for travelers. An ambitious goal of will be a priority. Field. The Glenn Research Center here, NASA Glenn scientists is to reduce the trav- Local congressman James McGovern and named in honor of the pioneering astronaut el time to the Far East and Europe by half Barney Frank voted against the Balanced and U.S. senator, John Glenn, is perhaps the within the next 25 years, but to also make it most unsung of NASA’s 10 major campuses. Budget Act and have fought to restore Medi- possible at today’s ticket prices. Less known than the Johnson Space Center care cuts. We hope the next federal budget, Last September, R & D Magazine named in Houston or the Kennedy launch pads at drawing on the burgeoning surplus, will do three research teams based at Glenn winners Cape Canaveral, Fla., or the Jet Propulsion more for a vulnerable elderly population of its prestigious R&D 100 Award, known Laboratory in Pasadena, Calif., NASA Glenn than have recent budgets. within the industry as the ‘‘Nobel Prize of is, nonetheless, playing a pivotal role in At the state level, a small step has been applied research.’’ The projects that at- transforming the agency’s 11th and most taken in approval of two years of wage sup- tracted global attention involved the devel- novel facility—the space station—from a pie- plements for nursing home workers. Another opment of superstrong titanium alumnide in-the-sky dream into a symbol of 21st-cen- state bill has been introduced to boost nurs- sheet metal used in aircraft bodies; advance- tury ingenuity. And it is giving Cleveland ing home reimbursements, but the sponsor ments with PMR (Polymerization of Mon- and numerous partner businesses and local has expressed concern that the state income omer Reactants) to give aircraft longer shelf universities a tangible connection to the lives; and the application of GENOA software tax cut approved by voters last year will frontier of space. make funds hard to come by. that has enabled Boeing and GE aircraft en- The NASA Glenn Campus is a labyrinth of gines to save millions of dollars improving Obviously, the state tax cut and the com- six wind tunnels and more than 150 build- ing federal tax cut will increase competition the cutting-edge 777 aircraft engine. Since ings, along with a beehive of laboratories. the early 1960s, Glenn researchers have for funding but they should not prevent it. Since the early 1940s, around the time Amer- The sorry picture of nursing home care claimed nearly 80 of the 110 R&D 100 Awards ica entered World War II, the research facili- given to NASA projects. today can be improved. The means are there. ties have been central to the development of What’s needed is the will. Without question, the most awe-inspiring jet engines that are today the foundation of projects are those dealing with space travel. f commercial and military aviation. But in By his own admission, John Dunning, a 30- 1961, when President John F. Kennedy set year NASA veteran and manager of space TRIBUTE TO THE NASA GLENN U.S. sights on the moon, the laboratories station support at Glenn, isn’t a man prone RESEARCH CENTER also became nurseries for rocket propulsion to spontaneous gleeful outbursts. But last in the race to space, notes Donald Campbell, November, when Space Shuttle Endeavour director of the Glenn Research Center. lifted off from the launch pad at Kennedy HON. DENNIS J. KUCINICH Better than any political leader in the Space Center, Dunning and his Glenn col- OF OHIO country, Senator Glenn has understood the leagues let out a collective whoop. In her dividends accrued from public investment in IN THE HOUSE OF REPRESENTATIVES belly, Endeavour carried solar panel arrays technology. During recent heated debates in and advanced nickel-hydrogen batteries that Wednesday, March 21, 2001 Congress over funding for NASA and con- are today providing the power essential to cerns about cost overruns that have dogged Mr. KUCINICH. Mr. Speaker, I would like to making the International Space Station bring to the attention of my colleagues an arti- the space station, it was Glenn who urged colleagues to support research and develop- operational. Without the electrical juice cle published in the Continental March 2001 ment in emerging technologies. If the United generated by the photovoltaic panels and magazine that highlights the achievements of States is to maintain a competitive edge stored in super batteries, astronauts would the NASA Glenn Research Center over the over other nations, he argued, it must sus- be whistling in the dark, says Dunning. Much of the transportable power grid, built past 60 years. Revolutionary advancements in tain and nurture institutions like NASA. Campbell says NASA Glenn channels much and tested in cooperation with a handful of aerospace and aviation technologies have private aerospace companies, originated on been developed at the NASA Glenn Research of its research-driven technology into U.S. industry, enabling major advances in com- drawing boards at the Glenn laboratories. Center (GRC), which is located in my congres- mercial products like jet engines and com- Prior to shuttle launches in October, Novem- sional district in Cleveland, OH. This article munications satellites. During the 1970s and ber and January, a specially designed radi- highlights Glenn’s contributions to aviation, 1980s, NASA spent about $200 million on tur- ator that removes waste heat from the sta- which include research to create quieter, non- bine engine technologies developed by Glenn tion was tested in the Space Power Facility, polluting airplanes. In addition, it details the and its commercial partners. In turn, that the world’s largest space environment sim- GRC’s work in developing a power system investment yielded billions of dollars in ben- ulation chamber, at NASA Glenn’s Plum efits for the U.S. economy, through job cre- Brook Station in Sandusky, Ohio. ‘‘Before used on the International Space Station and these recent shuttle missions delivered the how their research is used to improve com- ation and spin-off technologies, including the eventual production of the General Elec- power components, the space station crew mercial products in the United States. tric 90 engine—the workhorse of many had been confined to a service module, be- NASA Glenn Research Center continues to planes. ‘‘Engine propulsion technology has cause most of the structure was uninhabit- play an instrumental role in maintaining our historically led the development of new gen- able,’’ Dunning says. ‘‘With the power sys- Nation’s leadership in aeronautics and aero- erations of aircraft design, and that shows tems up and running, the volume of space space technology. In the future the center will no signs of changing,’’ says Joe Shaw, chief available to crews will significantly improve continue to make groundbreaking discoveries of NASA Glenn’s ultraefficient engine tech- by about a factor of three, and the amount of consumable electricity will increase from that will improve both space travel and life on nology program. ‘‘More and more we are see- ing a cross pollination of ideas between the four kilowatts to 24 kilowatts.’’ Earth. dual missions of NASA—its support of aero- A future principal component of the sta- [From the Continental, March 2001] nautics for commercial and military pur- tion’s power plant, being developed by NASA Glenn, could be the ‘‘flyway energy storage REACHING FOR THE STARS poses and exploration of space.’’ Likewise, the quest to build more powerful system,’’ which functions like a gyroscope (By Todd Wilkinson) and efficient spacecraft reaped incredible motor spinning at 60,000 revolutions per On airy moonlit nights, stargazers in the dividends. ‘‘It’s hard to tell what could come minute. When the space station arrays are il- Northern Hemisphere may notice what ap- out of our space research that will affect our luminated by the sun, the flywheel functions pears to be a glowing white speck making lives on the ground,’’ Shaw says. ‘‘I don’t like a mechanical battery, converting mo- regular passes through the sky. It’s not a think anybody with the Apollo program tion into usable energy and vice versa. Dur- UFO they are seeing or even the pulses of a knew it would lead to the proliferation of ing periods of orbit when the station is meteor shower. That piece of metallic glitter personal laptop computers and digital wrist- shaded from sunlight, the wheel is turned is actually a massive human stepping-stone watches and microbiological sensors.’’ into a generator that makes electricity to CONGRESSIONAL RECORD — Extensions of Remarks E417 power the life support system and science laboratories involved development of an ap- At that time, a Methodist church and a equipment. Scientists note that at full oper- paratus in partnership with the National Eye Catholic church were already established in ating speed the flywheel rotor’s linear veloc- Institute, located at the National Institutes the borough. The community was rich in min- ity is two-and-one-half times the speed of of Health in Bethesda, Md. It would have ap- sound (1,875 miles per hour). If the wheel plications not only on Mars but also in rural ing and agriculture. Within the borough, there itself were allowed to spin without meeting parts of the world where there is a niche to were new coal breakers, along with a rapid resistance, it would go on for more than 12 fill with telemedicine. The patient or, in the rise in the real estate market. The community hours. case of space travel, the astronauts would already had postal, telegraph and telephone ‘‘The flywheel energy storage system rep- wear a specially designed helmet with eye- communication, as well as the service of three resents a revolutionary step in energy stor- examining goggles connected to special sen- leading railroads, the Lehigh Valley, the Erie age technology,’’ says Raymond Beach, sors monitoring the heart in real time. The and Wyoming Valley, and the Delaware, NASA Glenn’s team leader for flywheel de- apparatus could detect health abnormalities velopment. He sees the flywheel as a poten- Lackawanna and Western. as explorers walk across the Martian surface. Duryea was a thriving community, boasting tial long-term alternative for chemical bat- But long before the first human mission is teries, which don’t last as long and which sent to the fourth planet from the sun, one baker, two blacksmiths, three carpenters, generate waste. ‘‘The process is very effi- Ansari would like to see such mobile devices three milliners, one drugstore, two dry goods cient,’’ he points out. ‘‘More than 85 percent used in remote locales on earth where medi- stores, two general stores, one gentleman’s of the energy put into the wheel comes out.’’ cine is unavailable. furnishings store, three grocery stores, a hat NASA believes that in the coming decades In the years ahead, the facility bearing and cap store, four hotels, an iron fence man- similar solar-powered generators could have Senator Glenn’s name promises to claim its ufactory, a meat market, a drill moving factory, applications on earth and on Mars. When the own prominent place on the journey of two livery stables, three physicians and one Mars Surveyor Lander mission reaches the human discovery. ‘‘This year, as we cele- Red Planet, two pilot Glenn projects—the brate the Glenn center’s 60th anniversary, undertaker. Mars Array Technology Experiment (MATE) all of us can look back in pride at our out- Today, the majority of the borough is occu- and the Dust Accumulation and Removal standing accomplishments that have helped pied by single-family residences. Some of Technology (DART)—will explore the feasi- propel NASA and U.S. industry to new hori- these are company houses that were once bility of producing oxygen propellant from zons,’’ adds Campbell. ‘‘And no matter where owned by the coal companies. While there the Martian atmosphere and will test wheth- that next horizon is found, Glenn’s pioneers were only 400 homeowners in Duryea in 1901, er power-generating solar cells can function and innovators will make it possible for us today there are 2,089. amid extreme cold and notorious Martian to travel beyond it. Ultimately, we want the The borough is also still home to commer- dust storms. ‘‘Because of the dust, the cold public to benefit from what we do.’’ temperatures and the varying light spec- cial enterprises, with two small businesses trum, the best solar cell for our ‘gas station f and three manufacturing plants, including on Mars’ might be one that we wouldn’t con- BOROUGH OF DURYEA Schott Glass Technologies, which makes sider using in our space solar arrays,’’ says CELEBRATES CENTENNIAL products used in some of the greatest sci- NASA Glenn Project Manager Cosmo entific ventures of our time. For example, laser Baraona, who is overseeing the experiments. glasses from the Duryea plant are helping sci- Solar cells designed at Glenn have already HON. PAUL E. KANJORSKI entists seek cleaner, cheaper sources of en- performed better than expected with the OF PENNSYLVANIA ergy. Pathfinder and Sojourner Rover, but David IN THE HOUSE OF REPRESENTATIVES Scheiman, a researcher at the Ohio Aero- Present-day Duryea, led by Mayor Mark space Institute in Cleveland, a partner of Wednesday, March 21, 2001 Rostkowski, is also home to six churches and Glenn, says it is uncertain if those cells will Mr. KANJORSKI. Mr. Speaker, I rise today six cemeteries, one parochial school, a little- work over the estimated five years it will to pay tribute to the Borough of Duryea, Penn- league baseball field, a field for junior football take to get a human to and from Mars. sylvania, which will celebrate its centennial on and a playground. Through its Microgravity Science Divi- Mr. Speaker, I am pleased to call to the at- sion, Glenn is NASA’s star performer with April 7 with a community parade and picnic microgravity experiments involving combus- held by the Duryea Centennial Committee. tention of the House of Representatives the tion and fluid physics. Aside from its history Duryea was originally called Babylon be- centennial of the Borough of Duryea, and I with spacecraft and jet engines, Glenn has cause it was a veritable Babel of languages wish its residents well as they begin a new bolstered Cleveland’s reputation as a hub for and nationalities due to the immigrants who century for their community. biomedicine. ‘‘We are fortunate to reside in a came to work in the coal mines. f region with some of the best medical re- The community was also known as Marcy search institutions in the country and a Township before assuming its present name. CELEBRATING NAT GEIER ON HIS growing biomedical industry base,’’ says The township was formed from territory taken 90TH BIRTHDAY Campbell. At the forefront are researchers like Rafat from Pittston, Ransom and Old Forge town- Ansari, a groundbreaking physicist. ‘‘My ships on January 19, 1880. It was named for HON. PETER DEUTSCH personal interest is with the human eye,’’ he a pioneer, the first British settler in the region, OF FLORIDA says. According to Ansari, our eyes are not Zebulon Marcy, who emigrated from Con- IN THE HOUSE OF REPRESENTATIVES only windows to the soul, but also windows necticut in the spring of 1770. A census taken Wednesday, March 21, 2001 to the human body, reflecting the health and at the formation of Marcy Township found function of vital chemical processes. They 1,159 inhabitants, which had increased to Mr. DEUTSCH. Mr. Speaker, I rise to honor are also places where physicians can look to 2,904 by 1890. According to the 2000 census, Mr. Nat Geier, a distinguished citizen of Sun- better understand the risks of exposure to the population of Duryea is 4,634. rise, Florida who has devoted himself to im- radiation during deep space travel to des- proving his community over the last three dec- tinations like Mars. ‘‘When light passes from The present name of the community com- the cornea into the retina, it also passes memorates Abram Duryea of New York, who ades. Through numerous citizen campaigns, through nearly every tissue type found in bought coal lands in the area in 1845 and Mr. Geier has been the engine of improve- the body,’’ Ansari says. ‘‘By studying those opened mines around which the town grew ment in strengthening the Broward County tissues, we can look for evidence of certain up. He served in the Civil War as a colonel of community. This week, Nat Geier will turn conditions from one’s cholesterol level to the the Fifth New York Infantry in May, 1861, and ninety years old—it is an occasion which formation of cataracts to the potential for was brevetted major-general four years later Broward County residents will celebrate with Alzheimer’s disease to diabetes.’’ pride. Ansari began his career with NASA 13 for his gallant and meritorious services. years ago. His fascination with eyes started Prior to becoming a borough, Duryea was a Born in Poland in 1911, Mr. Geier immi- when his father developed cataracts. It led post-office village within Marcy Township, situ- grated to America at the age of nine. He him to investigate the etiology of cataracts ated two miles north of Pittston. Duryea was dropped out of the New York City School sys- and the risks associated with certain dis- incorporated as a borough on April 6, 1901. tem at age 13 to get a job in the garment eases. Astronauts can be especially vulner- The first set of ordinances was adopted by business cutting material. This young drop-out able because increased exposure to radiation council and approved by the burgess, whose learned quickly, worked hard, and rose up in associated with deep space travel may accel- equivalent today is the mayor, on August 23, the ranks, eventually earning enough to relo- erate the growth of cataracts and macular 1901. cate and buy a condominium in Florida. An degeneration. Ansari and a team of Glenn researchers are In 1901, John A. Burlington was the bur- early resident of the now well-developed areas working with the federal Food and Drug Ad- gess, Gary M. Gray was president of the of South Florida, Mr. Geier has always under- ministration to develop a screening process council and Charles D. Evans was borough stood that homeownership is the anchor of all for diabetes. Another project at the Glenn secretary. communities because it gives residents long- E418 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2001 term investment in the quality of their commu- world-wide decline in equities that he has ficial ownership in stocks. Mutual funds nities. For this reason, two decades ago, Mr. been widely accused of—or credited with— have replaced savings accounts as the pre- Geier set out to educate Broward residents of causing. The auguries for his success are not ferred investment of small savers. Private especially favorable. The markets weeks ago pension funds holding the retirement money the importance of the ‘‘Homestead Exemption’’ factored into prices the likelihood of a Fed- of millions of Americans are heavily in- rules which use the Florida tax code to en- eral Reserve rate target reduction, but that vested in stocks. These new, steady, sources courage homeownership and community en- didn’t prevent last week’s steep slide. of funding give stock markets a greater sta- hancement. Mr. Geier’s efforts brought the The concept of Mr. Greenspan as a deus ex bility than before. But they also mean that benefits of the rules to thousands of home- machina who intervenes occasionally to stocks play a greater role in household bal- owners and helped build the strong and last- change the course of markets is overrated. ance sheets, and hence in the holder’s per- ing communities which exist in Broward Coun- His ‘‘irrational exuberance’’ speech in De- ception of whether he is getting richer or cember 1996 rattled investors. But that may ty today. poorer. only have been because he was remarking on It is for this reason that policy makers Mr. Geier’s experience as a young man something that was obvious to almost every- need to give attention to the macroeconomy convinced him that a good education is the one: Some stocks were selling at prices far in that underlies corporate stocks. It suffered key to a productive job and success in life. excess of their underlying values. from great neglect during the latter stages Motivated by this conviction, Mr. Geier has It certainly didn’t stop the bull run, which of the Clinton administration, even as the consistently supported the Broward Schools in continued another three years until its peak early last year. Probably, a series of rate- signs of an economic slowdown mounted. The their efforts to provide young residents with administration allowed the beginnings of a quality education and opportunities for suc- target increases in the late 1990s by the Fed acted as something of a brake on stock mar- new round of trade opening negotiations in cess. Throughout his thirty years in South kets and an American economy heavily Seattle to be scuttled by organized labor, the Florida, Mr. Geier has actively campaigned in fueled by credit. But the overriding factor Naderites and assorted zanies. Mr. Clinton support of school bond referendums as well was that stock averages last year had made only a feeble and belated effort to get as funding early-on for computers in class- reached a never-never land that even the fast track legislation to speed new trade rooms. More recently, Mr. Geier initiated the most optimistic logic could not justify. Con- agreements. Thus years have been wasted in sumers, responding to the ‘‘wealth effect’’ of starting negotiations for new multilateral Area Agency for the Aging’s Seniors for Sen- trade and investment pacts that invariably iors Dollar Drive. This fundraiser provides their paper riches, piled up debt. When stocks sank last year, household net worth re-energize the global economy. thousands in funding for the Area Agency’s declined for the first time since records have Regulatory burdens continued to pile up. senior citizen support programs and commu- been kept. Quite likely, household balance The EPA was set on automatic to crank out nity events. In these and several other civic sheets have deteriorated further this year. new restrictions that impose costs and yield initiatives, Mr. Geier has demonstrated his de- Up until last week it appeared that the either no benefits, or negative consequences. votion and care to improving the quality of life Dow had stabilized at around the 10500 level, The previous administration kow-towed to for all Broward residents. His efforts span over despite a slowdown in economic growth and ‘‘environmentalist’’ claims of a coming four decades and his tremendous impact a series of warnings of lower-than-expected ‘‘global warming’’ disaster, despite a large spans across the lives of his entire commu- earnings from major corporations. But the body of scientific proof that no such trend Nasdaq, which had reflected some of the exists. More public lands, including sites nity. Mr. Speaker, let me conclude by saying, greatest price excesses, continued its down- rich in oil and gas, were locked up as ‘‘wil- ‘‘Thank you and happy birthday to Nat Geier,’’ ward spiral and the Dow ultimately followed, derness’’ areas. one of Broward County’s most remarkable dropping below 10000. The evaporation of li- The passage of federal tax cuts last year, residents. quidity caused by falling prices in one or two when they would have come in time to stim- f markets ultimately affects all markets in ulate a flagging economy, was blocked by this age of globalization, so Europe, Japan President Clinton. Democrats this year are SOUND ECONOMIC POLICY and Southeast Asia all took big losses as still resisting even the modest initial tax cut well. Europe, as measured by the FTSE tranches proposed by George W. Bush, styl- HON. MICHAEL G. OXLEY index, was hardest hit, with a 9% decline, ing themselves as the new guardians of fiscal compared to 7.7% in the Dow. responsibility. In other words, the economy OF OHIO Many investors in high-flying stocks are is not going to get any help soon from tax IN THE HOUSE OF REPRESENTATIVES licking their wounds. Money runners on Wall cuts. That vaunted federal surplus could van- Street have lost some of the brash self-con- Wednesday, March 21, 2001 ish quite rapidly if the American economy fidence of a year ago. Brokers who for years goes into recession. The old saying, penny Mr. OXLEY. Mr. Speaker, I commend to my have been assuring customers that no invest- wise and pound foolish, applies here. ment can beat equities over time have a bit colleagues’ attention the following article, ‘‘Can Despite all these forms of neglect, the U.S. the U.S. Live With a Sounder, Saner Stock less confidence in that assertion. There is a realization dawning that maybe stock values still has a powerful economic base, U.S. de- Market?’’ The author correctly points out that do have some link to earnings and that a mand kept Asia afloat after the 1997 melt- despite all of the recent attention on interest stock price that might take the company 40 down. It has helped revive Mexico and has rates, the condition of our capital markets and years to earn could be a tad high. given Europe a market. The discovery by the health of the U.S. economy are strongly This new sobriety is a healthy thing. The Americans of the marvelous communications influenced by the decisions that are made on economists who have been arguing that the potential of the Internet moved computers from the purely business realm into the trade policy, regulatory relief, and tax cuts. If U.S. was developing an asset bubble, like Japan in the 1980s, have been appeased. Their home as a consumer product. Information we get those growth policies right, we will do technology is for real, even if it was oversold a great service for the increasing number of concept that there is such a thing as asset inflation, fueled by liberal credit policies, on stock markets during the dot-com rage. Americans who are investing to improve their has been reinforced. Yet the oversold mar- Consumer confidence, as measured by a everyday lives and saving for their retirement. kets pretty much have taken care of them- monthly University of Michigan survey, re- [From the Wall Street Journal, Mar. 20, 2001] selves, without tempting interventions by mains reasonably upbeat. Employment is politicians, who sometimes in the past (in high, despite prospects of some big corporate CAN THE U.S. LIVE WITH A SOUNDER, SANER the 1930s, for example) have jumped in to layoffs. All that has happened to the Amer- STOCK MARKET? make things worse. Investors now know that ican economy so far has been a slowing of (By George Melloan) stocks go down as well as up, a useful lesson. growth, not a recession. The Fed is trying to Alan Greenspan has demonstrated that he The new sobriety befits equity markets ensure adequate liquidity while at the same can curb ‘‘irrational exuberance’’ in the that now have a different function from the time tending to its fundamental job of trying stock markets, or so the conventional wis- one they had 10 or 15 years ago when they to keep the dollar sound. And finally, stock dom goes. Today, he presumably will try to were mainly the province of the well-to-do. markets are safer places for money than perform a more difficult feat, arresting the Today, some 60% of Americans have a bene- they were a year ago, which is no bad thing. CONGRESSIONAL RECORD — Extensions of Remarks E419 SENATE COMMITTEE MEETINGS 2 p.m. APRIL 3 Title IV of Senate Resolution 4, Judiciary 10 a.m. Technology, Terrorism, and Government agreed to by the Senate on February 4, Judiciary Information Subcommittee To hold hearings to examine online en- 1977, calls for establishment of a sys- To hold hearings to examine domestic re- tem for a computerized schedule of all tertainment and related copyright law. sponse capabilities for terrorism in- SD–226 meetings and hearings of Senate com- volving weapons of mass destruction. mittees, subcommittees, joint commit- SD–226 APRIL 4 tees, and committees of conference. 9:30 a.m. This title requires all such committees MARCH 28 Armed Services to notify the Office of the Senate Daily 9:30 a.m. SeaPower Subcommittee Digest—designated by the Rules com- Health, Education, Labor, and Pensions To hold hearings on proposed legislation mittee—of the time, place, and purpose To hold hearings to examine health in- authorizing funds for fiscal year 2002 of the meetings, when scheduled, and formation for consumers. for the Department of Defense and the any cancellations or changes in the SD–430 Future Years Defense Program, focus- meetings as they occur. 10 a.m. ing on shipbuilding industrial base As an additional procedure along Appropriations issues and initiatives. with the computerization of this infor- Defense Subcommittee SR–222 mation, the Office of the Senate Daily To hold hearings to examine certain Pa- Digest will prepare this information for cific issues. APRIL 5 SD–192 printing in the Extensions of Remarks 10 a.m. Foreign Relations Appropriations section of the CONGRESSIONAL RECORD To hold hearings to examine the Depart- Interior Subcommittee on Monday and Wednesday of each ment of Energy’s nonproliferation pro- To hold hearings on proposed budget es- week. grams with Russia. timates for fiscal year 2002 for the De- Meetings scheduled for Thursday, SD–419 partment of Energy. March 22, 2001 may be found in the 10:30 a.m. SD–138 Daily Digest of today’s RECORD. Indian Affairs To hold hearings on S. 210, to authorize MEETINGS SCHEDULED APRIL 24 the integration and consolidation of al- cohol and substance abuse programs 10 a.m. MARCH 27 and services provided by Indian tribal Appropriations 9 a.m. governments; S. 214, to elevate the po- Energy and Water Development Sub- Agriculture, Nutrition, and Forestry sition of Director of the Indian Health committee To hold hearings to review the Research, Service within the Department of To hold hearings on proposed budget es- Extension and Education title of the Health and Human Services to Assist- timates for fiscal year 2002 for the Bu- Farm Bill. ant Secretary for Indian Health; and S. reau of Reclamation, of the Depart- SR–328A 535, to amend title XIX of the Social ment of the Interior, and Army Corps 9:30 a.m. Security Act to clarify that Indian of Engineers. Armed Services women with breast or cervical cancer SD–124 To resume hearings on proposed legisla- who are eligible for health services pro- Appropriations tion authorizing funds for fiscal year Interior Subcommittee 2002 for the Department of Defense and vided under a medical care program of the Indian Health Service or of a tribal To hold hearings on proposed budget es- the Future Years Defense Program, fo- timates for fiscal year 2002 for the De- cusing on military strategy and oper- organization are included in the op- tional medicaid eligibility category of partment of the Interior. ational requirements; to be followed by SD–138 closed hearings (in Room SH-219). breast or cervical cancer patients added by the Breast and Cervical Can- SH–216 APRIL 25 Environment and Public Works cer Prevention and Treatment Act of Fisheries, Wildlife, and Water Sub- 2000. 10 a.m. committee SR–485 Judiciary To hold hearings to examine water and To hold hearings to examine the legal wastewater infrastructure needs. MARCH 29 issues surrounding faith based solu- SD–406 9 a.m. tions. Health, Education, Labor, and Pensions Agriculture, Nutrition, and Forestry SD–226 To hold hearings to examine early edu- To hold hearings to review environ- Appropriations cation and care programs in the United mental trading opportunities for agri- VA, HUD, and Independent Agencies Sub- States. culture. committee To hold hearings on proposed budget es- SD–430 SR–328A timates for fiscal year 2002 for the Cor- Energy and Natural Resources 10 a.m. To hold hearings to examine national en- poration for National and Community Energy and Natural Resources ergy policy with respect to impedi- Service. National Parks, Historic Preservation, and ments to development of domestic oil SD–138 Recreation Subcommittee and natural gas resources. To hold oversight hearings to review the SD–106 APRIL 26 National Park Service’s implementa- 10 a.m. 2 p.m. Appropriations tion of management policies and proce- dures to comply with the provisions of Appropriations Interior Subcommittee Energy and Water Development Sub- To hold hearings to examine trust reform Titles I, II, III, V, VI, VII, and VIII of committee issues. the National Parks Omnibus Manage- To hold hearings on proposed budget es- SD–138 ment Act of 1998. timates for fiscal year 2002 for the Na- Finance SD–628 tional Nuclear Security Administra- To hold hearings to examine the afford- 10:30 a.m. tion, Department of Energy. ability of long term care. Foreign Relations SD–215 To hold hearings on the nomination of SD–124 10:30 a.m. John Robert Bolton, of Maryland, to be Foreign Relations Under Secretary of State for Arms MAY 1 Business meeting to consider pending Control and International Security. 10 a.m. calendar business. SD–419 Appropriations SD–419 2:30 p.m. Energy and Water Development Sub- 11 a.m. Energy and Natural Resources committee Foreign Relations Forests and Public Land Management Sub- To hold hearings on proposed budget es- To hold hearings on the nomination of committee timates for fiscal year 2002 for certain William Howard Taft, IV, of Virginia, To hold oversight hearings on the imple- Department of Energy programs relat- to be Legal Adviser of the Department mentation of the Administration’s Na- ing to Energy Efficiency Renewable of State. tional Fire Plan. Energy, science, and nuclear issues. SD–419 SD–628 SD–124 E420 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 2001 Judiciary MAY 9 vironmental Protection Agency and To hold hearings to examine high tech- 10 a.m. the Council of Environmental Quality. nology patents, relating to business Appropriations SD–138 methods and the internet. VA, HUD, and Independent Agencies Sub- SD–226 committee JUNE 20 Appropriations 10 a.m. Interior Subcommittee To hold hearings on proposed budget es- To hold hearings on proposed budget es- timates for fiscal year 2002 for the Na- Appropriations timates for fiscal year 2002 for the For- tional Aeronautics and Space Adminis- VA, HUD, and Independent Agencies Sub- est Service, Department of Agri- tration. committee culture. SD–138 To hold hearings on proposed budget es- SD–138 timates for fiscal year 2002 for the De- MAY 16 partment of Housing and Urban Devel- MAY 2 10 a.m. opment. 10 a.m. Appropriations SD–138 Appropriations VA, HUD, and Independent Agencies Sub- VA, HUD, and Independent Agencies Sub- committee committee To hold hearings on proposed budget es- POSTPONEMENTS To hold hearings on proposed budget es- timates for fiscal year 2002 for the Fed- timates for fiscal year 2002 for the De- eral Emergency Management Agency. MARCH 27 partment of Veterans’ Affairs. SD–138 SD–138 10:30 a.m. JUNE 6 Appropriations MAY 3 Energy and Water Development Sub- 10 a.m. 2 p.m. committee Appropriations Appropriations To hold oversight hearings on issues re- Energy and Water Development Sub- VA, HUD, and Independent Agencies Sub- lating to Yucca Mountain. committee committee SD–124 To hold hearings on proposed budget es- To hold hearings on proposed budget es- timates for fiscal year 2002 for Depart- timates for fiscal year 2002 for the Na- APRIL 3 ment of Energy environmental man- tional Science Foundation and the Of- 10 a.m. agement and the Office of Civilian fice of Science Technology Policy. Appropriations Radio Active Waste Management. SD–138 SD–124 Energy and Water Development Sub- JUNE 13 committee MAY 8 To hold oversight hearings to examine 10 a.m. issues surrounding nuclear power. 10 a.m. Appropriations SD–124 Judiciary VA, HUD, and Independent Agencies Sub- To hold hearings to examine high tech- committee nology patents, relating to genetics To hold hearings on proposed budget es- and biotechnology. timates for fiscal year 2002 for the En- SD–226 Wednesday, March 21, 2001 Daily Digest

HIGHLIGHTS House Committee ordered reported the Concurrent Resolution on the Budget for Fiscal Year 2002. Senate tions, and providers of cable or satellite television Chamber Action service, to provide lowest unit rate to committees of Routine Proceedings, pages S2603–S2680 political parties purchasing time on behalf of can- Measures Introduced: Eleven bills and two resolu- didates. Pages S2603–19 tions were introduced, as follows: S. 582–592, S. Rejected: Res. 61, and S. Con. Res. 27. Pages S2661–62 By 36 yeas to 64 nays (Vote No. 42), Wellstone/ Measures Reported: Cantwell Amendment No. 123, to allow a State to S. 295, to provide emergency relief to small busi- enact voluntary public financing legislation regard- nesses affected by significant increases in the prices ing the election of Federal candidates in such State. of heating oil, natural gas, propane, and kerosene, Pages S2619–31 with an amendment in the nature of a substitute. (S. Hatch Modified Amendment No. 134, to strike Rept. No. 107–4) section 304 and add a provision to require disclosure S. 395, to ensure the independence and non- to and consent by shareholders and members regard- partisan operation of the Office of Advocacy of the ing use of funds for political activities. (By 69 yeas Small Business Administration, with amendments. to 31 nays (Vote No. 43), Senate tabled the amend- (S. Rept. No. 107–5) Page S2661 ment.) Pages S2631–51 Measures Passed: Pending: Hatch Amendment No. 136, to add a provision Ronald W. Reagan Post Office: Senate passed to require disclosure to shareholders and members H.R. 395, to designate the facility of the United regarding use of funds for political activities. States Postal Service located at 2305 Minton Road Pages S2651–56 in West Melbourne, Florida, as the ‘‘Ronald W. A unanimous-consent time agreement was reached Reagan Post Office of West Melbourne, Florida’’, providing for further consideration of Hatch Amend- clearing the measure for the President. ment No. 136 (listed above) to the bill at 9 a.m., Pages S2679–80 on Thursday, March 22, 2001, with a vote to occur Goro Hokama Post Office Building: Senate thereon at approximately 9:30 a.m. Page S2680 passed H.R. 132, to designate the facility of the Appointment: United States Postal Service located at 620 Jacaranda Street in Lanai City, Hawaii, as the ‘‘Goro Hokama Mickey Leland National Urban Air Toxics Re- Post Office Building’’, clearing the measure for the search Center: The Chair, on behalf of the Majority President. Pages S2679–80 Leader, pursuant to Public Law 101–549, appointed Josephine S. Cooper, of Washington, D.C., to the Campaign Finance Reform: Senate continued con- Board of Directors of the Mickey Leland National sideration of S. 27, to amend the Federal Election Urban Air Toxics Research Center. Pages S2680 Campaign Act of 1971 to provide bipartisan cam- paign reform, taking action on the following amend- Executive Communications: Pages S2660–61 ments proposed thereto: Pages S2603–56 Messages From the House: Page S2660 Adopted: Measures Referred: Page S2660 By 70 yeas to 30 nays (Vote No. 41), Torricelli Amendment No. 122, to amend the Communica- Statements on Introduced Bills: Pages S2663–74 tions Act of 1934 to require television broadcast sta- Additional Cosponsors: Pages S2662–63 D242 March 21, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D243

Amendments Submitted: Pages S2675–79 serve, Headquarters; Col. Janice M. Stritzinger, Additional Statements: Pages S2659–60 ANG, Civil Engineer, Air National Guard; Hilton F. Culpepper, Assistant Civil Engineer, Headquarters Notices of Hearings: Page S2679 Air Force Reserve Command; and Col. Kenneth L. Authority for Committees: Page S2679 Boles, USMCR, Assistant Chief of Staff, Facilities, Record Votes: Three record votes were taken today. Marine Forces Reserve. (Total—43) Pages S2618, S2630, S2651 SURFACE TRANSPORTATION BOARD Adjournment: Senate met at 9:30 a.m., and ad- Committee on Commerce, Science, and Transportation: Sub- journed at 7:08 p.m., until 9 a.m., on Thursday, committee on Surface Transportation and Merchant March 22, 2001. (For Senate’s program, see the re- Marine concluded oversight hearings to review ac- marks of the Acting Majority Leader in today’s tivities of the Surface Transportation Board, focusing Record on page S2680.) on actions taken by the Board on certain rail trans- portation issues, including the Board’s budget and Committee Meetings major rail merger policy and rules, after receiving testimony from Linda J. Morgan, Chairman, Surface (Committees not listed did not meet) Transportation Board, Department of Transportation. NORTH ATLANTIC TREATY ORGANIZATION U.S. ENERGY TRENDS Committee on Appropriations: Subcommittee on Defense Committee on Energy and Natural Resources: Committee concluded hearings to examine issues surrounding concluded hearings to examine United States energy the status of certain North Atlantic Treaty Organiza- trends and recent changes in global, national and re- tion programs, meeting our national security inter- gional energy markets, focusing on the development ests, the need for infrastructure upgrades and replen- of national energy policy with respect to crude oil, ishment, and funding needs to maintain readiness, foreign imports, refining capacity, gasoline, heating continue engagement efforts, and quality of life oil and diesel fuel, natural gas, and electricity, after sustainment, after receiving testimony from Gen. receiving testimony from Mary J. Hutzler, Director, Joseph W. Ralston, USAF, Commander-in-Chief, Office of Integrated Analysis and Forecasting, En- United States European Command. ergy Information Administration, Department of En- ergy; William M. Nugent, Maine Public Utilities INSTALLATION READINESS Commission, Augusta, on behalf of the National As- Committee on Armed Services: Subcommittee on Readi- sociation of Regulatory Utility Commissioners; Fred- ness and Management Support concluded hearings erick H. Hoover, Jr., Maryland Energy Administra- on proposed legislation authorizing funds for fiscal tion, Annapolis, on behalf of the National Associa- year 2002 for the Department of Defense and the tion of State Energy Officials; and Guy F. Caruso, Future Years Defense Program, focusing on installa- Center for Strategic and International Studies, and tion readiness, after receiving testimony from Col. James A. Placke, Cambridge Energy Associates, both Gary W. Wright, USA, Director of Public Works, of Washington, D.C. Fort Sill; Com. Sgt. Maj. Dennis E. Webster, USA, Com. Sgt. Major, III Corps and Fort Hood; Capt. KLAMATH PROJECT Steven W. Johnson, USN, Commanding Officer, Committee on Energy and Natural Resources: Sub- Navy Public Works Center; Com. Mst. Chief Kevin committee on Water and Power concluded oversight H. Licursi, USN, Navy Region Southwest; Lt. Col. hearings on the Klamath Project in Oregon, includ- Brian D. Yolitz, USAF, Commander, 20th Civil En- ing implementation of PL 106–498 (Klamath Basin gineer Squadron; Chief Mst. Sgt. Walter Poliansky, Water Supply Enhancement Act), and how the USAF, Superintendent, 89th Support Group; Col. project might operate in what is projected to be a Thomas S. Phillips, USMC, Assistant Chief of Staff, short water year, after receiving testimony from J. Facilities, Marine Corps Base, Camp Lejeune; Sgt. William McDonald, Acting Commissioner for the Major Ira Lott, USMC, Marine Corps Air Station, Bureau of Reclamation, Mike Spear, Manager, Cali- Miramar; Lt. Col. David C. Smith, ARNG, Chief, fornia-Nevada Operations Office, U.S. Fish and Army National Guard Division for Installation, Wildlife Service, and Mike Connor, Director, Indian Army National Guard Bureau; Capt. Joseph M. Water Rights Office, all of the Department of the LoFaso, USN, Dep. Chief of Staff, Shore Installation Interior; Allen Foreman, Klamath Indian Tribes, Management, Commander Naval Reserve Forces; Chiloquin, Oregon; Reed Marbut, Oregon Water Col. James W. Dunkelberger, USAR, U.S. Army Resources Department, Salem; Roger Nicholson, Re- Reserve Engineer, Office of the Chief of Army Re- source Conservancy, Fort Klamath, Oregon; Glen H. D244 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2001 Spain, Pacific Coast Federation of Fisherman’s Asso- which would impose limits on the amount of takeoff ciations, Eugene, Oregon; John Crawford, Klamath and landing slots large airlines can own at Wash- Water Users Association, Klamath Falls, Oregon; ington Reagan National and New York LaGuardia and Alex J. Horne, University of California Depart- Airports, after receiving testimony from Hershel I. ment of Civil and Environmental Engineering, Kamen, Continental Airlines, Inc., Washington, Berkeley. D.C.; Kevin P. Healy, AirTran Airways, Inc., Or- lando, Florida; and Kevin P. Mitchell, Business ENVIRONMENTAL REGULATIONS Travel Coalition, Lafayette Hill, Pennsylvania. Committee on Environment and Public Works: Sub- committee on Clean Air, Wetlands, Private Prop- INTELLIGENCE erty, and Nuclear Safety concluded hearings to exam- Select Committee on Intelligence: Committee held closed ine the interaction between United States energy hearings on intelligence matters, receiving testimony policy and environmental regulations, specifically the from officials of the intelligence community. Clean Air Act, after receiving testimony from Linda Committee will meet again tomorrow. G. Stuntz, former Deputy Secretary of Energy, Katie ECSTASY ABUSE McGinty, former Chair of the Council on Environ- mental Quality, David M. Nemtzow, Alliance to United States Senate Caucus on International Narcotics Save Energy, and David G. Hawkins, Natural Re- Control: Caucus concluded hearings to examine the sources Defense Council, all of Washington, D.C.; use and effects of the drug ecstasy, what can be done Anthony J. Alexander, FirstEnergy Corporation, to curb its use by our nation’s youth, and proposed Akron, Ohio; and Olon Plunk, Xcel Energy, Inc., legislation to change the federal sentencing guide- Minneapolis, Minnesota. lines for ecstasy trafficking, after receiving testimony from Donald R. Vereen, Jr., Deputy Director, Office NOMINATION of National Drug Control Policy; Donnie R. Mar- Committee on Foreign Relations: Committee concluded shall, Administrator, Drug Enforcement Administra- hearings on the nomination of Grant S. Green, Jr., tion, Department of Justice; Chuck Winwood, Act- of Virginia, to be Under Secretary of State for Man- ing Commissioner, U.S. Customs Service, Depart- agement, after the nominee, who was introduced by ment of the Treasury; Diana E. Murphy, Chair, Senator Hagel, testified and answered questions in United States Sentencing Commission; James R. his own behalf. McDonough, Florida Office of Drug Control, Talla- hassee; Steven Rust, Milford Police Department, AVIATION COMPETITION AND HIGH Milford, Delaware; William S. Jacobs, Jr., University DENSITY AIRPORTS of Florida Department of Psychiatry Division of Ad- Committee on the Judiciary: Subcommittee on Anti- diction Medicine, Gainesville, on behalf of the Gate- trust, Business Rights, and Competition concluded way Community Services; and two recovering drug- hearings on S. 520, to amend the Clayton Act, addicted teenagers. March 21, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D245 House of Representatives Independent Telecommunications Consumer En- Chamber Action hancement: H.R. 496, amended, to amend the Bills Introduced: 21 public bills, H.R. 1138–1158; Communications Act of 1934 to promote deploy- 1 private bill, H.R. 1159; and 3 resolutions, H. ment of advanced services and foster the develop- Con. Res. 73, and H. Res. 96–97, were introduced. ment of competition for the benefit of consumers in Pages H1059–60 all regions of the Nation by relieving unnecessary Reports Filed: No Reports were filed today. burdens on the Nation’s two percent local exchange telecommunications carriers. Pages H1030–34 Speaker Pro Tempore: Read a letter from the Speaker wherein he appointed Representative Suspension—Coast Guard Personnel and Man- agement Safety: The House completed debate on LaTourette to act as Speaker pro tempore for today. the motion to suspend the rules and pass H.R. 1099, Page H1015 to make changes in laws governing Coast Guard per- Guest Chaplain: The prayer was offered by Rabbi sonnel, increase marine safety, renew certain groups Hillel Cohn, Congregation Emanu El of San that advise the Coast Guard on safety issues, make Bernardino, California. Page H1015 miscellaneous improvements to Coast Guard oper- United States Holocaust Memorial Council: The ations and policies. Further proceedings were post- Chair announced the Speaker’s appointment of Rep- poned until Thursday, March 22. Pages H1026–30 resentatives Gilman, LaTourette, and Cannon to the Amendments: Amendment ordered printed pursu- United States Holocaust Memorial Council. ant to the rule appears on page H1061. Page H1017 Quorum Calls—Votes: Three yea and nay votes de- John F. Kennedy Center for the Performing veloped during the proceedings of the House today Arts: The Chair announced the Speaker’s appoint- and appear on pages H1035, H1035–36, and ment of Speaker Hastert and Representatives Kolbe H1036. There were no quorum calls. and Gephardt to the Board of Trustees of the John Adjournment: The House met at 10 a.m. and ad- F. Kennedy Center for the Performing Arts. journed at 3:34 p.m. Page H1034 Consideration of Suspensions: The House agreed Committee Meetings to H. Res. 92, the rule that provided for consider- ation of motions to suspend the rules on March 21. FEDERAL FARM COMMODITY PROGRAMS Page H1017 Committee on Agriculture: Continued hearings on Fed- Suspensions: The House agreed to suspend the rules eral Farm Commodity Programs, with the rice in- and pass the following measures: dustry. Testimony was heard from Nolen Canon, Jr., Chairman, U.S. Rice Producers Association. Revised Edition of ‘‘Black Americans in Con- Hearings continue tomorrow. gress’’: H. Con. Res. 43, authorizing the printing of a revised and updated version of the House docu- AGRICULTURE, RURAL DEVELOPMENT, ment entitled ‘‘Black Americans in Congress, FDA, AND RELATED AGENCIES 1870–1989’’ (agreed to by a yea and nay vote of 414 APPROPRIATIONS yeas to 1 nay, Roll No. 53); Pages H1017–22, H1035 Committee on Appropriations: Subcommittee on Agri- Exceptions to Federal Reports Elimination and culture, Rural Development, Food and Drug Admin- Sunset Act of 1995: H.R. 1042, amended, to pre- istration and Related Agencies held a hearing on vent the elimination of certain reports (passed by a Commodity Futures Trading Commission. Testi- yea and nay vote of 414 yeas to 2 nays, Roll No. mony was heard from the following officials of the 54); Pages H1022–23, H1035–36 Commodity Futures Trading Commission: James E. Newsome, Acting Chairman; and Emory Bevill, Act- Maritime Policy Improvement Act: H.R. 1098, ing Director, Office of Financial Management. to improve the recording and discharging of mari- time liens and expand the American Merchant Ma- COMMERCE, JUSTICE, STATE AND rine Memorial Wall of Honor (passed by a yea and JUDICIARY APPROPRIATIONS nay vote of 415 yeas to 3 nays, Roll No. 55); and Committee on Appropriations: Subcommittee on Com- Pages H1023–25, H1036–37 merce, Justice, State and Judiciary held a hearing on D246 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2001 Administrative Office of the U.S. Courts, and Judi- W. Johnson, Deputy Assistant Secretary of the cial Offices. Testimony was heard from the following Army, Installations and Housing; Duncan Holaday, officials of the Judicial Conference: Judge John G. Acting Assistant Secretary of the Navy, Installations Heyburn, II, U.S. District Court, Western District and Facilities; and Jimmy G. Dishner, Deputy As- of Kentucky, Chairman, and Judge Lawrence L. sistant Secretary of the Air Force, Installations. Piersol, U.S. District Court, District of South Da- TRANSPORTATION APPROPRIATIONS kota, member, both with the Committee on the Budget; and Leonidas Ralph Mecham, Director, Ad- Committee on Appropriations: Subcommittee on Trans- ministrative Office of the U.S. Courts, member, Ex- portation held a hearing on AMTRAK. Testimony ecutive Committee; and Judge Fern M. Smith, U.S. was heard from Kenneth M. Mead, Inspector Gen- District Court, Northern District of California, Di- eral, Department of Transportation, Phyllis F. rector, Federal Judicial Center. Scheinberg, Director, Physical Infrastructure Issues, GAO; and George D. Warrington, President and DEFENSE APPROPRIATIONS CEO, National Railroad Passenger Corporation (AM- Committee on Appropriations: Subcommittee on Defense TRAK). met in executive session to hold a hearing on Mili- The Subcommittee continued appropriation hear- tary Readiness. Testimony was heard from the fol- ings. Testimony was heard from Members of Con- lowing officials of the Department of Defense: Gen. gress. John Keane, USA. Vice Chief of Staff; Adm. Wil- TREASURY, POSTAL SERVICE, AND liam Fallon, USN, Vice Chief, Naval Operations; GENERAL GOVERNMENT APPROPRIATIONS Gen. Mike Williams, USMC, Assistant Com- mandant; and Gen. John Handy, USAF, Vice Chief Committee on Appropriations: Subcommittee on Treas- of Staff. ury, Postal Service, and General Government held a hearing on Inspector General, and Inspector General FOREIGN OPERATIONS APPROPRIATIONS for Tax Administration. Testimony was heard from Committee on Appropriations: The Subcommittee on the following officials of the Department of the Foreign Operations, Export Financing and Related Treasury: Jeffrey Rush, Inspector General; and David Programs held a hearing on implementation of the Williams, Inspector General, Tax Administration. Hurricane Mitch Supplemental. Testimony was VA, HUD, AND INDEPENDENT AGENCIES heard from Jess T. Ford, Director, International Af- APPROPRIATIONS fairs and Trade, GAO; and Everett L. Mosley, In- spector General, AID, Department of State. Committee on Appropriations: Subcommittee on VA, HUD, and Independent Agencies began appropria- INTERIOR APPROPRIATIONS tion hearings. Testimony was heard from public wit- Committee on Appropriations: Subcommittee on Interior nesses. held a hearing on Special Trustee (Trust Reform). NATIONAL SECURITY STRATEGY Testimony was heard from the following officials of Committee on Armed Services: Held a hearing on U.S. the Department of the Interior, Thomas Slonaker, National Security Strategy. Testimony was heard Special Trustee for American Indians; and M. Sharon from the following officials of the U.S. Commission Blackwell, Deputy Commissioner, Bureau of Indian on National Security/21st Century: Gary Hart, Co- Affairs. Chairman; and Newt Gingrich, member; and public LABOR, HHS, EDUCATION AND RELATED witnesses. AGENCIES APPROPRIATIONS CONCURRENT BUDGET RESOLUTION Committee on Appropriations: Subcommittee on Labor, Committee on the Budget: Ordered reported the Con- Health and Human Services and Education contin- current Resolution on the Budget for Fiscal Year ued appropriation hearings. Testimony was heard 2002. from public witnesses. Hearings continue tomorrow. OVERSIGHT PLAN; COMMITTEE BUSINESS MILITARY CONSTRUCTION Committee on Education and the Workforce: Approved APPROPRIATIONS Committee Oversight Plan for the 107th Congress. The Committee also approved other pending busi- Committee on Appropriations: Subcommittee on Mili- ness. tary Construction held a hearing on Family Housing Privatization. Testimony was heard from the fol- AIRLINE MERGERS—CONSUMER EFFECT lowing officials of the Department of Defense: Ran- Committee on Energy and Commerce: Subcommittee on dall A. Yim, Deputy Secretary, Installations; Paul Commerce, Trade and Consumer Protection held a March 21, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D247 hearing on Airline Mergers and Their Effect on UNBORN VICTIMS OF VIOLENCE ACT American Consumers. Testimony was heard from Committee on the Judiciary: Subcommittee on the Con- Representatives Myrick, Clyburn, Slaughter and stitution approved for full Committee action H.R DeFazio; and public witnesses. 503, Unborn Victims of Violence Act of 2001.

UNSOLICITED COMMERCIAL ELECTRONIC CONSEQUENCES FOR JUVENILE OFFENDERS MAIL ACT ACT Committee on Energy and Commerce: Subcommittee on Committee on the Judiciary: Subcommittee on Crime Telecommunications and the Internet approved for approved for full Committee action, as amended, full Committee action, as amended, H.R. 718, Unso- H.R. 863, Consequences for Juvenile Offenders Act licited Commercial Electronic Mail Act of 2001. of 2001. CAPITAL MARKETS FEE RELIEF ACT REDUCE EARTHQUAKE HAZARDS Committee on Financial Services: Subcommittee on Cap- ital Markets, Insurance, and Government Sponsored Committee on Science: Subcommittee on Research held Enterprises approved for full Committee action, as a hearing on Life in the Subduction Zone: The Re- amended, H.R. 1088, Investor and Capital Markets cent Nisqually Quake and the Federal Efforts to Re- Fee Relief Act. duce Earthquake Hazards. Testimony was heard from John Filson, Coordinator, Earthquake Programs, U.S. SMALL BUSINESS INTEREST CHECKING Geological Survey, Department of the Interior; Pris- ACT; BUSINESS CHECKING FREEDOM ACT cilla Nelson, Director, Division of Civil and Mechan- ical Systems, NSF; and public witnesses. Committee on Financial Services: Subcommittee on Fi- nancial Institutions and Consumer Credit approved NATION’S HIGHWAY AND TRANSIT for full Committee action the following bills: H.R. SYSTEMS; COMMITTEE ORGANIZATION 974, Small Business Interest Checking Act of 2001; and H.R. 1009, Business Checking Freedom Act of Committee on Transportation and Infrastructure, Sub- 2001. committee on Highways and Transit held a hearing on the Outlook for the Nation’s Highway and Tran- PENNSYLVANIA AVENUE’S FUTURE sit Systems. Testimony was heard from public wit- Committee on Government Reform: Subcommittee on the nesses. District of Columbia held a hearing on America’s Prior to the hearing, the Subcommittee met for Main Street: The Future of Pennsylvania Avenue. organizational purposes. Testimony was heard from the following officials of the District of Columbia: Anthony Williams, Mayor; VETERANS’ LEGISLATION and Linda W. Cropp, Chair, Council; John Parsons, Committee on Veterans’ Affairs: Ordered reported, as Associate Regional Director, Lands Resources and amended, the following bills: H.R. 801, Veterans’ Planning, National Capital Region, National Park Opportunities Act of 2001; and H.R. 811, Veterans’ Service, Department of the Interior; from the fol- Hospital Emergency Repair Act. lowing officials of the Department of the Treasury: Brian Stafford, U.S. Secret Service; and James Sloan, ADMINISTRATION’S TAX RELIEF Acting Under Secretary, Enforcement; Emily Malino, PROPOSALS member, Commission of Fine Arts; Richard L. Fried- man, Chairman, National Capital Planning Commis- Committee on Ways and Means: Continued hearings on sion; Robert J. Dole, President, Federal City Coun- the Administration’s proposed tax relief proposals. cil; and public witnesses. Testimony was heard from Senator Hutchison; Rep- resentatives Weller and Barcia; and public witnesses. DRAFT REPORT WORLDWIDE TERRORIST THREAT Committee on Government Reform: Subcommittee on Government Efficiency, Financial Management, and Permanent Select Committee on Intelligence: Terrorism Intergovernmental Relations approved for full Com- Working Group met in executive session to receive mittee action a draft report entitled: ‘‘A Citizens a briefing on Worldwide Terrorist Threat Posed by Guide on Using the Freedom of Information Act and the Usama Bin Laden (UBL) Organization and U.S. the Privacy Act of 1974 to Request Government Countermeasures. The Group was briefed by depart- Records.’’ mental witnesses. D248 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2001 NEW PUBLIC LAWS American Ex-Prisoners of War, Vietnam Veterans of America, Retired Officers Association, and the National (For last listing of Public Laws, see DAILY DIGEST, p. D232) Association of State Directors of Veterans Affairs, 10 S.J. Res. 6, providing for congressional dis- a.m., 345 Cannon Building. approval of the rule submitted by the Department of Labor under chapter 8 of title 5, United States Code, House relating to ergonomics. Signed on March 20, 2001. Committee on Agriculture, to continue hearings on Fed- (Public Law 107–5) eral Farm Commodity Programs, 9:30 a.m. 1300 Long- worth. f Committee on Appropriations, Subcommittee on Defense, COMMITTEE MEETINGS FOR THURSDAY, on Medical Programs, 9:30 a.m., H–140 Capitol. MARCH 22, 2001 Subcommittee on Labor, Health and Human Services and Education, to continue on public witnesses, 10 a.m., (Committee meetings are open unless otherwise indicated) 2358 Rayburn. Subcommittee on Transportation, on Federal Highway Senate Administration, 10 a.m., 2358 Rayburn. Committee on Agriculture, Nutrition, and Forestry: to hold Subcommittee on VA, HUD, and Independent Agen- hearings to review the Food Safety and Inspection Service, cies, on public witnesses, 9 a.m., and 1 p.m., H–143 Department of Agriculture, 9 a.m., SH–216. Capitol. Committee on Armed Services: to hold hearings on pro- Committee on Armed Services, Subcommittee on Military posed legislation authorizing funds for fiscal year 2002 Research and Development, hearing on Innovative Re- for the Department of Defense and the Future Years De- search Companies, 10:30 a.m., 2118 Rayburn. fense Program, focusing on military strategy and oper- Committee on Energy and Commerce, Subcommittee on En- ational requirements, to be followed by closed hearings ergy and Air Quality, to continue oversight hearings on (in Room SR–222), 9:30 a.m., SD–106. Electricity Markets: California, 10 a.m., 2322 Rayburn. Committee on Banking, Housing, and Urban Affairs: busi- Subcommittee on Health, hearing on Assessing ness meeting to mark up S. 149, to provide authority to HIPAA: How Federal Medical Privacy Regulations Can control exports, 10 a.m., SD–538. Be Improved, 10 a.m., 2123 Rayburn. Committee on the Budget: to hold hearings to examine Committee on Government Reform, Subcommittee on Tech- debt management issues, 11 a.m., SD–608. nology and Procurement Policy, hearing on ‘‘Toward a Committee on Energy and Natural Resources: Subcommittee Telework-Friendly Government Workplace: Successes and on National Parks, Historic Preservation, and Recreation, Impediments in Managing Federal Telework Policies,’’ 2 to hold oversight hearings to review the National Park p.m., 2154 Rayburn. Service’s implementation of management policies and pro- Committee on House Administration, to consider Omnibus cedures to comply with the provisions of Title IV of the Committee funding resolution and other pending busi- National Parks Omnibus Management Act of 1998, 2:30 ness, 1 p.m., 1310 Longworth. p.m., SD–192. Committee on the Judiciary, Subcommittee on Commer- Committee on Finance: to hold hearings to examine pre- cial and Administrative Law, oversight hearing on Execu- scription drug issues and Medicare financing, 2:30 p.m., tive Orders and Presidential Directives, 11 a.m., 2237 SD–215. Rayburn. Committee on Foreign Relations: to hold a closed briefing Subcommittee on Courts, the Internet and Intellectual on the intelligence assessment of emerging national secu- Property, oversight hearing on ‘‘ICANN, NEW gTLDS, rity threats, 10:30 a.m., S–407, Capitol. and the Protection of Intellectual Property,’’ 10 a.m., Committee on Governmental Affairs: Subcommittee on 2141 Rayburn. Oversight of Government Management, Restructuring Committee on Resources, Subcommittee on Energy and and the District of Columbia, to hold hearings to assess Mineral Resources, oversight hearing on Estimated Oil the District of Columbia Metropolitan Police Depart- and Gas Resource Base on Federal Land and Submerged ment’s year 2000 performance, 10 a.m., SD–342. Land: How Much Oil and Gas can these Lands Produce? Committee on Health, Education, Labor, and Pensions: Sub- 2 p.m., 1334 Longworth. committee on Public Health, to hold hearings to examine Subcommittee on National Parks, Recreation and Pub- increasing access to essential health care services, 10 a.m., lic Lands, to mark up the following bills: H.R. 107, to SD–430. require that the Secretary of the Interior conduct a study Committee on Indian Affairs: to hold hearings to examine to identify sites and resources, to recommend alternatives the goals and priorities of the Member Tribes of the Na- for commemorating and interpreting the Cold War; H.R. tional Congress of the American Indians for the 107th 146, Great Falls Historic District Study Act of 2001; Congress, 2 p.m., SR–485. H.R. 182, Eight Mile River Wild and Scenic River Study Select Committee on Intelligence: to hold closed hearings on Act of 2001; H.R. 581, to authorize the Secretary of the intelligence matters, 2 p.m., SH–219. Interior and the Secretary of Agriculture to use funds ap- Committee on Veterans’ Affairs: to hold joint hearings propriated for wildland fire management in the Depart- with the House Committee on Veterans’ Affairs to exam- ment of the Interior and Related Agencies Appropriations ine the legislative recommendations of the AMVETS, Act, 2001, to reimburse the United States Fish and March 21, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D249

Wildlife Service and the National Marine Fisheries Serv- Committee on Small Business, hearing to explore ways to ice to facilitate the interagency cooperation required improve the Office of Advocacy and to make that Office under the Endangered Species Act of 1973 in connection a more effective voice for small business within the Fed- with wildland fire management; and H.R. 601, to ensure eral Government and the Private sector, 10 a.m., 2360 the continued access of hunters to those Federal lands in- Rayburn. cluded within the boundaries of the Craters of the Moon Committee on Ways and Means, to mark up H.R. 6, Mar- National Monument in the State of Idaho pursuant to riage Tax Elimination Act of 2001, 10 a.m., 1100 Long- Presidential Proclamation 7373 of November 9, 2000, worth. and to continue the applicability of the Taylor Grazing Act to the disposition of grazing fees arising from the use Joint Meetings of such lands, 10 a.m., 1324 Longworth. Committee on Rules, to meet to provide for general de- Joint Meetings: Senate Committee on Veterans’ Affairs, bate on a Concurrent Budget Resolution for Fiscal Year to hold joint hearings with the House Committee on 2002, 1:30 p.m., H–313 Capitol. Veterans’ Affairs to examine the legislative recommenda- Committee on Science, Subcommittee on Energy, hearing tions of the AMVETS, American Ex-Prisoners of War, on H.R. 723, to amend the Atomic Energy Act of 1954 Vietnam Veterans of America, Retired Officers Associa- to remove an exemption from civil penalties for nuclear tion, and the National Association of State Directors of safety violations by nonprofit institutions, 1 p.m., 2318 Veterans Affairs, 10 a.m., 345 Cannon Building. Rayburn. D250 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Thursday, March 22 10 a.m., Thursday, March 22

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 802, ation of S. 27, Campaign Finance Reform. Public Safety Officer Medal of Valor Act (suspension of the rules); and Consideration of H.R. 247, Tornado Shelter Act (open rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Frank, Barney, Mass., E415 Pelosi, Nancy, Calif., E413 Gilman, Benjamin A., N.Y., E413 Peterson, John E., Pa., E412 Baldacci, John Elias, Maine, E410 Harman, Jane, Calif., E414 Pickering, Charles W. ‘‘Chip’’, Miss., E415 Bilirakis, Michael, Fla., E409 Hart, Melissa, Pa., E411 Rahall, Nick J., II, W.Va., E414 Bonior, David E., Mich., E409 Honda, Mike, Calif., E409, E410 Ros-Lehtinen, Ileana, Fla., E411 Calvert, Ken, Calif., E411 Kanjorski, Paul E., Pa., E417 Schiff, Adam, Calif., E410 Camp, Dave, Mich., E412 Kucinich, Dennis J., Ohio, E416 Smith, Christopher H., N.J., E414 Clement, Bob, Tenn., E411 Nadler, Jerrold, N.Y., E412 Tiahrt, Todd, Kans., E411 Collins, Mac, Ga., E409 Oxley, Michael G., Ohio, E418 Deutsch, Peter, Fla., E417 Pallone, Frank, Jr., N.J., E415

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at (202) 512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $197.00 for six months, $393.00 per year, or purchased for $4.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (202) 512–1800, or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.