January 6, 2001 CONGRESSIONAL RECORD — HOUSE H47 the founding of the country to help one ernor’s cronies. And Democratic pro-drug their fear, that they had not voted cor- group—white Southern males—and this year, war, pro-death penalty, pro-felon disenfran- rectly, or that they were thwarted and it has apparently done just that.’’ chisement policies stoked the racist atmos- prohibited from voting. In the years after the forced-end of slavery, phere in which this election was held. former slave states like Florida imposed So as I reflected on this very impor- The conditions are ripe for a pro-democ- tant day; in fact, January 6, 2001, a day those felon-disenfranchisement laws, pre- racy movement. A moment, at least: this is cisely to disempower freed-but-impoverished it. Some things have changed in the nation in years past that most Americans Blacks. The political parties crafted the since 1964, and when the pubic has heard (or never realized in presidential elections statewide primary system into what seen on CSPAN) the witnesses who gave the that on this day, as ordered by statute, amounted to a white-man’s private club to NAACP testimony, they have been shocked. we are to come here and to affirm the keep the newly enfranchised under the old Voter protests in Florida have built a multi- electoral college. establishment’s control. Then came literacy racial coalition, that is advocating the kind But as I rummaged, if you will, or tests and poll taxes—voters had to keep their of electoral reform the whole nation could ran my fingers through the Constitu- tax-receipts on file—anything to keep elec- get behind. Among their demands: a non-par- tion of the United States, I found the toral power in white hands. For an idea of tisan election commission, standardized vot- what those tackling literacy tests faced, con- ing procedures and federal enforcement of words of Alexander Hamilton, and they sider: under Jim Crow, Florida required that the Voting Rights Act. Add to that, the say, ‘‘The sacred rights of mankind are textbooks used by the public school children longer-term structural changes some advo- not to be rummaged, for among old of one race be kept separate from those used cate: instant run off voting, or some form of parchments or musty records, they are by the other—even in storage. proportional representation, so that small written as with a sunbeam in the whole After the 1965 Act was passed, states did parties (and minority constituencies) could volume of human nature by the hand of everything they could to dilute Black influ- build support for their issues without throw- the divinity itself, and can never be ence. Winner-take-all systems, or absolute ing elections to their foes. majority vote requirements were embraced erased or obscured by mortal power.’’ The public has seen the Electoral College So I felt obligated passionately, with- to keep black candidates from winning over in its worst light: for the first time, the tyr- split fields of white candidates in local anny of a minority may contradict the pop- out regard for political reprimand, to races—in just the same way as winner-take- ular will. Perhaps something will come of come forward and to voice my opposi- all works in the presidential contest. More the shared experience of disenfranchisement. tion to the inaccurate and the unjust offices were filled by appointment. Legisla- But not if we don’t talk about what’s at the count in the State of Florida. There tive and congressional district lines were root of it: racism. Not ‘‘the system,’’ but this are voiceless people throughout this redrawn to keep black voting strength sub- particular, racist one. And those who’ve been Nation in States all across this coun- merged. marginalized must occupy the center. People None of this requires looking back very try who believe that their votes were of color are central to why our electoral sys- not accurately counted. Today, in far: the same House Speaker, Tim Feeney, tem is set up this way; likewise, they must who wants the Florida legislature to select a be at the heart of any movement for real de- order to do that, I presented to this Bush slate of Electors no matter what the mocracy. We can get rid of the racism, but body a letter signed by Members of the vote-counters count, suggested reintroducing only if we all shove that elephant out at House without a Senator to suggest literacy tests just two weeks ago: ‘‘Voter once. that I would object to the inaccurate confusion is not a reason for whining or cry- [IMPORTANT NOTE: The views and opinions count in Florida, as well as the viola- ing or having a revote,’’ said Feeney. ‘‘It expressed on this list are solely those of the may be a reason to require literacy tests.’’ tions of the Voter Rights Act of 1965. authors and/or publications, and do not nec- Additionally, I submitted a motion (Palm Beach Post, 11/16.) essarily represent or reflect the official po- The Chief Justice of the Supreme Court, to delay, because what is required, or litical positions of the Black Radical Con- who may well be the final arbiter of which what we should have, is a quorum. gress (BRC). Official BRC statements, posi- votes get counted and which (white) man tion papers, press releases, action alerts, and That means that all of my colleagues gets the White House, is William Rehnquist, announcements are distributed exclusively should have been able to secure the ap- a segregationist from way back. via the BRC-PRESS list. As a subscriber to propriate time to be able to be here. I In 1962, Republican activist William (then this list, you have been added to the BRC- ‘‘Bill’’) Rehnquist was the leader of Oper- respect them. I know that they have PRESS list automatically.] ation Eagle Eye, a flying squad of GOP law- responsibilities in their districts. So yers that swept through polling places in f my motion would have delayed this south Phoenix to question the right of mi- vote, until a quorum could have been RECEIVING OF THE PRESIDENTIAL nority voters to cast their ballots. As Dave achieved, for both the House and the ELECTORAL BALLOTS Wagner reported in the Arizona Republic last Senate. Because I would remind my year, Rehnquist defended keeping African The SPEAKER pro tempore. Under a colleagues that in this place, it is the Americans out of stores and restaurants in previous order of the House, the gentle- people’s House and every single Amer- Phoenix. In 1964, at the Bethune Precinct, woman from Texas (Ms. JACKSON-LEE) (which was 40 percent Hispanic and 90 per- ican should have had the right of hav- cent Democratic) Rehnquist and Operation is recognized for 5 minutes. ing their representative here. I wanted Eagle Eye activists challenged every Black Ms. JACKSON-LEE of Texas. Mr. to give my colleagues the chance to do and Mexican voter’s ability to read the Con- Speaker, I follow my colleague, be- that. stitution of the United States in the English cause I believe it is important to speak Mr. Speaker, I appreciate the diplo- language (then a requirement.) to the real authority of this Nation, macy and the decorum of the President The result, according to one witness, was and that is the people of the United in this instance, the Vice President of ‘‘a line a half-block long, four abreast . . . States of America, as I as well speak to the United States, AL GORE. I cannot They wanted people to become frustrated my colleagues. I believe that this day and leave.’’ In his testimony to a US Senate thank him enough for the way he pre- hearing on his appointment to the Supreme should be further enlightened with an sided over these proceedings, and I un- Court, Rehnquist denied that he officially explanation of the reason of the objec- derstand his overruling my objections. challenged anyone’s right to vote. Just as to- tion in opposition of some reasons of But in so doing, I must say to my col- day’s defenders of Bush, argue that voter the House of Representatives. leagues that even as he overruled it be- error, not bias, disproportionately shrank First, let me acknowledge something cause of the Rules of the House, I stand the counted vote, Rehnquist argued that he that is very dear to me: my choice to here today to put on record the fact broke no rules, he was just following the law. be a member of the United States Con- Trying to wage politics in the US while that it is important that we acknowl- tiptoing around racism is like sidestepping gress and the people’s House is a pur- edge the existence of the Voter Rights an elephant. It’s dangerous, it’s not smart, poseful choice. That choice is because Act of 1965, which affirms the right of and it won’t work, What suppresses the it is, in fact, the people’s House, the every U.S. citizen to cast their ballot Black and minority vote suppresses the body closest to the American people, to and have that ballot counted and be Democratic and liberal-progressive vote. The touch and feel them and to understand protected without compromise and majority of white male voters haven’t pooled them. For that reason, as a Texan, I without regard to the voter’s race. Democratic since 1964 and only women of went to Florida and spent almost the Mr. Speaker, this is a task for the color create the gender gap for Gore. Yet the entire month of November interacting Federal Government, because Federal unequal distribution of resources and bias that created a practically apartheid voting with Floridians, young people, minori- guarantees and Federal elections are at system in Florida was sustained by the ties, working people, and the elderly. stake. That is why on the very first Democratic Party—who approved of the And to a one, they expressed to me day of this new body, I put into the process, try as they might to blame the Gov- their consternation, their concern, record H.R. 60 and H.R. 62. I am serious

VerDate 06-JAN-2001 03:00 Jan 07, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A06JA7.013 pfrm02 PsN: H06PT1 H48 CONGRESSIONAL RECORD — HOUSE January 6, 2001 about my criticism, and that is a major principle, but such as the need to pro- On Thursday, November 16, 2000, Sec- piece of legislation to reform the elec- tect a basic human liberty. What Jus- retary Harris refused counties' justifications for toral system, to ensure that in Federal tice Breyer said is that the Supreme submitting late returns, however, the Florida elections that new technology be used Court was denying us our liberty, deny- Supreme Court gave the green light to Florida across this Nation. ing us our right, and that the Supreme counties to go ahead with ballot hand re- Let me say to those of us who are Court ruled incorrectly on December counts. Americans, I appreciate the challenges 12, 2001. On Friday, November 17, 2000, Circuit that we have. Therefore, I say to my I leave my colleagues simply with Judge Lewis ruled that Harris could reject re- colleagues, do we not think a country the understanding that freedom is not turns filed after the November 14th deadline. that prides itself in democracy, prides free, and that all of us might fight Vice President GORE appealed Lewis's deci- itself in the recognition of the 3 bodies within the laws of this Nation and the sion to the Florida Supreme Court and the of government, that we should have a right to protest, the First Amendment Florida Supreme Court ruled that Secretary national Federal holiday so that we right to speak, to be able to protect, Harris could not certify the results on Satur- can vote, so that the doors of the work and yes, to be able to speak on behalf day; the Court set hearings on the issue for places are closed, so that everyone, no of voiceless Americans who voted their Monday, November 20. Also on that day, matter what one’s party affiliation or conscience. thousands of Florida absentee ballots from what one’s view is, be able to go. That Mr. President-elect, I look forward to overseas are due by midnight which would be is what H.R. 62 is, to declare every 4 working with you. I hope that you will included in the state total. In addition, a hear- years a national holiday so that all draw us into your chambers, into the ing is held on the constitutionality of a revote Americans might vote. White House, and I ask that we sit in Palm Beach. Many of my colleagues may not be down and talk about the issues. I hope On Saturday, November 18th, 2000, States aware that the numbers of allegations you will hear our voices on John had a noon deadline to submit overseas ballot of voter irregularities that occurred in Ashcroft and Linda Chavez, because if counts. Hand recounts proceed in Broward and Palm Beach counties and Miami-Dade the State of Florida are revealed to we are to heal this Nation, we must County officials meet again to consider a full have been that a total 180,000 ballots heal it together. recount of more than 600,000 votes. were not counted in Florida’s presi- Mr. Speaker, I rise today to object to the re- On Monday, November 20 the Florida Su- dential election. In four counties it is ceiving of this years presidential electoral bal- preme Court heard arguments on whether found, where the hand count was lots, specifically, those electoral votes from the Harris had final authority to certify ballots as to sought, all heavily democratic areas, state of Florida, in what was the closest and the Nov. 14 deadline and the Florida Attorney over 73,000 ballots were not counted in most contested presidential election in the his- General said that overseas ballots, mostly the presidential tally. Might I share tory of our great nation. from military bases, that were rejected be- with my colleagues a personal view. I I have been raised to tell the truth. I also cause they lacked postmarks should be count- actually believe that after November 7, have been raised to respect our flag, the free- ed. we should have recounted the entire dom of our democracy and the right to ex- On Tuesday, November 21st, 2000, them State. I have no problem in finding out press our fundamental beliefs. Florida Supreme Court ruled that hand-re- the truth. The Declaration of Independ- While I realize that the transfer of power will counted votes could be accepted for six more ence has indicated that there is a self- occur on January 20, 2001, barring a different days. evident truth, and why not find out decision today, I believe it is imperative that I On Wednesday, November 22nd, 2000, whether or not all of these votes were attempt to register an objection on the Miami-Dade County halted its unfinished re- accurately counted. We did not do that. grounds of the inaccurate count and count amid dispute over standards for count- But the Florida Supreme Court on No- undercount in Florida resulting in the election ing ballots due to heated protests by a vember 21st attempted to allow us to being won for Mr. Bush and Mr. Cheney and hysterical pro-Bush crowd. On that same day count the votes. not Mr. GORE and Mr. LIEBERMAN. Bush appealed to the U.S. Supreme Court to My great disappointment was that I believe if the results remain the same halt the recount. the Florida Supreme Court oversaw today, then at least this Congress should On Thursday, November 23rd, 2000 the State law, as is rightly so, the separa- promptly engage in a serious review and re- Florida Supreme Court rejected GORE's appeal tion of States from the Federal Gov- form of the election process in this nation as to force Miami-Dade to reconvene their re- ernment, and what happened? The a recognition of the disenfranchisement of vot- count. On Friday, November, 24, 2000 the interjection of 5 partisan Supreme ers, not only in Florida but around the country. U.S. Supreme Court agreed to hear Bush's Court justices who, in their own right, FACTS appeal and on Saturday, November 25, Bush suggested that this was a unanimous On November 7th 2000, I was in Nashville, dropped his lawsuit on counting military ab- decision on December 12 at 10 p.m., way Tennessee, watching the election results when sentee ballots, but filed suits in five individual after the time we could have gone into about 3 a.m. in the morning, the votes that counties. the count, after having stopped the were originally called for Governor Bush dete- On Sunday, November 26, 2000, the Florida counting over the weekend, indicated riorated to just a difference of 569 votes or Supreme Court set 5 p.m. deadline for the that they would make the decision who less than 1 percent between Vice President Secretary of State's office to accept all re- counts. Florida certified the election results, would be the President of the United GORE and Governor Bush, thus, triggering an declaring Bush the winner by 537 of the nearly States: President-elect George Bush automatic recount. 6 million votes cast. The Palm Beach hand re- and Mr. CHENEY. On Tuesday, November 14, 2000, Florida's I am not here to thwart the transfer Republican Secretary of State Katherine Har- counts are not included in the total. On Monday, November 27, 2000, GORE of power on January 20, 2001. I will ris gave a 5 p.m. for countries to report their went on national television to defend his call abide by the laws of this Nation, and so election returns. Also, on that day, Broward for recounts and filed suit in local count con- will the rest of America. But might I ORE County granted Vice President G 's request testing Florida the results. say, it does not behoove a country that for a full hand recount, however, Circuit Judge On Tuesday, November 28, 2000, GORE believes in freedom, that projects itself Terry Lewis ruled that Harris could enforce the called for a seven-day plan to recount Florida as a leader of the free world, where deadline but required her to use flexibility in votes to begin immediately. The Leon County other nations look to us to tell how her decision. Circuit Court Judge agreed to consider the re- they can vote and be free, the Bosnias, On Wednesday, November 15, 2000 Sec- count but held off on hearings until December the Kosovos, the South Africas, that retary Harris announced that the official Bush 2nd. Also, GORE and Bush lawyers delivered we too not stand up and be counted and lead over GORE was 300 votes and gave a 2 briefs to the U.S. Supreme Court for their De- remain steadfast on the question that p.m. deadline for countries to justify late re- cember 1st hearing. every precious vote counts and the will turns. Florida's Supreme Court rejected Bush's On Thursday, November 30, 2000 Palm of the people, no matter what it be, bid to block the recount and a federal appeals Beach shipped ballots to Tallahassee for a that one agrees or disagrees, be the de- court in Atlanta agreed to hear Bush's request December 2nd hearing and GORE appealed ciding factor. to block all Florida hand recounts. Palm Beach Leon County's refusal to begin immediate re- So I say to my colleagues, the court, County also got the green light for its recount count to the U.S. Supreme Court. as Justice Breyer said, is not acting to with a ruling that the canvassing board could On Friday, December 1st, 2000, the U.S. vindicate a fundamental constitutional decide how to review the votes. Supreme Court Justices heard the Gore-Bush

VerDate 06-JAN-2001 03:00 Jan 07, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K06JA7.048 pfrm02 PsN: H06PT1 January 6, 2001 CONGRESSIONAL RECORD — HOUSE H49 case. Also on that day, the Florida Supreme sulted in President-Elect Bush's winning Flor- 3. The first-time voters who sent in voter Court rejected GORE's appeal for expedited re- ida States electoral votes which were in heavy registration forms prior to the state's deadline count also ruling the ``butterfly ballot'' constitu- contest, I have risen today to speak on the for registration were denied the right to vote tional. need for election reform; and to lift my voice because their registration forms were not proc- On Saturday, December 2nd, 2000, the on behalf of the thousands of disfranchised essed and their names did not appear on the Leon County Circuit Court considered re- voters in Florida and states throughout the na- precinct rolls; counts of 1 million ballots from Miami-Dade tion who were silenced. 4. That African-American voters were sin- and Palm Beach counties. Mr. Speaker, on November 7th, 2000, only gled out for criminal background checks at On Monday, December 4, 2000, the U.S. some of the citizens of the United States were some precincts and that one voter who had Supreme Court sets aside the Florida Su- able to exercise their right to vote and have it never been arrested was denied the right to preme Court decision extending deadline for counted. It is inescapable that critical mistakes vote after being told that he had a prior felony recounts, and sent it back to the state court were made and there were serious allegations conviction; for further clarification of its ruling. of violations of Voter Rights Act of 1965 that 5. That African-American voters were re- On Tuesday, December 5, 2000 the Florida have been made during and after the Novem- quired to show photo ID while white voters at Supreme Court scheduled oral arguments for ber 7, elections and throughout the nation. the same precincts were not subjected to the Thursday for GORE's appeal of Monday's rul- Victims and witnesses to Election Day irreg- same requirement; ing rejecting his challenge to the certification ularities and discriminatory practices at voting 6. That voters who requested absentee bal- of Bush as Florida's winner and the 11th U.S. precincts came forward in significant numbers lots did not receive them but were denied the Circuit Court of Appeals also heard arguments to tell their stories of how their votes were dis- right to vote when they went to the precinct in on Bush's effort to have the manual recounts carded and their votes silenced which resulted person on election day; declared unconstitutional. in their disenfranchisement. In fact, many 7. That hundreds of absentee ballots of reg- On Wednesday, December 6, 2000, the disenfranchised voters did ask, ``could I get istered voters in Hillsborough County (a coun- Federal appeals court in Atlanta refused to another ballot,'' but were told they could not. ty covered by Section 5 of the Voting Rights throw out recounted votes in three Florida On November 11, the NAACP conducted a Act) were improperly rejected by the Super- counties. On Thursday, December 7th, Gore hearing in Florida regarding the election. After visor of Elections and not counted; lawyers argued for recounts before Florida Su- reviewing allegations made at the NAACP 8. That African-American voters who re- preme Court. Also, trials on absentee ballots hearing and hearing numerous other allega- quested assistance at the polls were denied in Seminole and Martin counties ended. tions from constituents and citizens throughout assistance; On Friday, December 8th, 2000 the Florida the country, I and members of the CBC met 9. That African-American voters who re- Supreme Court ordered immediate manual re- and also held press conferences to announce quested the assistance of a volunteer Creole/ counts of ballots from Miami-Dade and other that there was substantial evidence indicating English speaker who were willing to translate counties. The 4±3 vote gave GORE another that many African-Americans and other minori- the ballot for limited proficient voters were de- 383 votes from earlier partial recounts. Also ties were denied their fundamental rights as nied such assistance; on that day, the Circuit courts in Seminole and citizens of the United States. 10. That police stopped African-American Martin counties rule that absentee ballots did Mr. Speaker, we must do all that we can voters as they entered and exited a polling not violate the law though Republican workers today, to stop these political partisan games place in Progress Village Center; and filled in missing ID numbers. from being played in the future to usurp the On Saturday, December 9th, 2000 the U.S. 11. That election officials failed to notify vot- right given to all American citizens, the right to ers in a predominantly African American pre- Supreme Court agreed to Bush's appeal for a vote. We should look to being a government halt to recount and scheduled oral arguments cinct that their polling place, a school, was of the people that is governed by the people. closed and failed to direct them by signs or from both sides for Monday, December 11th. We must listen to the voices of the people other means to the proper polling location. On Monday, December 11, 2000 the U.S. spoken through their votes, which is guaran- Supreme Court heard oral arguments on There were also an unprecedented number teed by the United States Constitution. of complaints of similar problems in other Bush's appeal to halt the Florida vote recount. Thomas Paine's work titled the ``Rights of parts of the nation. Calls flooded the NAACP On Tuesday, December 12th, 2000 Florida Man,'' said this regarding constitutions; ``That offices and other agencies seeking to lodge designated 25 electors pledged to Bush for men mean distinct and separate things when complaints about registered voters who were the Electoral College vote. The Florida Su- they speak of constitutions and of govern- turned away from the polls because their preme Court rejected Democrats' bid to throw ments. . . . A constitution is not the act of a out absentee ballots they charged that Repub- government, but of a people constituting a names mysteriously did not appear in the pre- licans tampered with. government without a constitution, is power cinct books. In Virginia, there were numerous complaints On Wednesday, December 13, 2000, Bush without a right.'' declared victory, and GORE conceded. The people of this nation at its inception of voters who registered in social services of- ANALYSIS said, ``We the People of the United States, in fices under the provisions of the National Mr. Speaker, upon my recital of this past Order to form a more perfect Union, establish Voter Rights Act of 1965 who were not al- elections events, I rise today to express con- Justice, insure domestic Tranquility, provide lowed to vote because their registrations were cern for the health of our democracy. I am an for the common defense, promote the general not recorded. Among other examples, there American. These words are the montra of our welfare, and secure the blessings of liberty to were numerous reports in New York city that nation. These words express our unity of pur- ourselves and our posterity, do ordain and es- minority voters were denied the right to vote pose to create a different form of government tablish this constitution for the United States of and in St. Louis, eyewitnesses say that at that will allow for all to be heard equally with- America.'' some precincts African-American voters were out prejudice or favor. Mr. Speaker, dear colleagues, as the elect- asked to show ID, while white voters in the Mr. Speaker, I am an American. I say this ed representative for all the people, we need same line were not asked to produce any with pride for my country and its heritage and to find a remedy to ensure that every citizen's identification. prejudice toward other forms of governance vote counts. The information presented in the These allegations raise potential violations and community that do not embrace liberty Florida State Legislature hearings and NAACP of Sections 2 and 5 of the Voter Rights Act of and freedom for all. hearings in Florida included first-hand ac- 1965, 42 U.S.C. 1973, as well as several pro- I am an American and therefore it goes counts from victims and eyewitnesses of the visions of the National Voter Registration Act without saying that I truly believe that all men, following: of 1993, 42 U.S.C. 1973gg±5(a) which affirms the species human both male and female, are 1. That citizens who were properly reg- the right of every U.S. citizen to cast a ballot equal, that they are endowed by their creator istered were denied the right to vote because and have that ballot be counted and be pro- with certain unalienable rights, that among election officials could not find their names on tected without compromise and without regard these are Life, Liberty, and the Pursuit of Hap- the precinct rolls and that some of these vot- to the voter's race. This is a task for the fed- piness. That to secure these rights, Govern- ers went to their polling place with registration eral government because federal guarantees ments are instituted among men, deriving their identification cards but still were denied the in federal elections are at stake. just powers from the consent of the governed, right to vote; Mr. Speaker, this was truly a time in which which is expressed by our nation's founders in 2. That registered voters were denied the justice delayed was justice denied. In addition the Constitution of the United States. right to vote because of minor discrepancies to the number of allegations of voting irreg- While I have accepted and will abide by the between the name appearing on the registra- ularities that occurred in the state of Florida, it decision of our nation's highest court which re- tion lists and the name on their identification; was revealed that a total of 180,000 ballots

VerDate 06-JAN-2001 03:00 Jan 07, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A06JA7.016 pfrm02 PsN: H06PT1 H50 CONGRESSIONAL RECORD — HOUSE January 6, 2001 were not counted in Florida's presidential vote. I had faith in the people of Florida. How- In addition, Justice Breyer, like three other The Gore Campaign, members of the Con- ever, Republicans ignored the will of the peo- justices, found an alternative constitutional gressional Black Caucus, civil rights attorney's ple by stalling and ultimately defeating the re- analysis that would have permitted a recount and the disenfranchised voters themselves count process. Assertions had been made of counting process in Florida stating ``. . . sought for every Floridian's vote to be counted during the Florida Electoral Vote contest that [T]here is no justification for the majority's by requesting a hand count in the four coun- Republicans had made efforts to try and stall remedy, which is simply to reverse the lower ties that demonstrated voting irregularities. In the recount effort in Florida. In fact, Repub- court and halt the recount entirely. An appro- these four counties in which the hand count licans involved in the recount process had priate remedy would be, instead, to remand was soughtÐall heavily Democratic areasÐ even admitted that they used delaying tactics. this case with instructions that, even at this over 73,000 ballots were not counted in the They continued to object to as many ballots as late date, would permit the Florida Supreme presidential tally. they could to slow down the recount process. Court to require all undercounted votes in The Florida State Supreme Court attempted In one Palm Beach County precinct alone, Florida, including those from Broward, Volusia, to remedy the disenfranchisement of its voters they objected to over 200 ballots to force a on November 21st, 2000, by holding in a slowdown of the recount process. However, Palm Beach, and Miami-Dade Counties, unanimous decision to allow for a recount. It when those ballots went in front of the county whether or not previously recounted prior to was a victory for the people and a victory for canvassing commission, only 3 were called the end of the protest period, and to do so democracy. However, this decision was ulti- into question. with a single-uniform substandard.'' mately overturned by the U.S. Supreme Court Mr. Speaker, on December 8, 2000 the Flor- Justice Breyer emphasized that ``by halting in a curium decision (unanimous decision), ida State Supreme Court again took up the the manual recount, and thus ensuring that and remanded back to the Florida State Su- issue remanded to them by the U.S. Supreme the uncounted legal votes would not be count- preme Court for clarification of the authority Court on whether to allow for a recount, and ed under any standard, the Court crafted a the Florida Supreme Courts decision was re- again the Florida State Supreme Court held in remedy out of proportion to the asserted harm. lied upon. favor of an immediate manual recount of the Mr. Speaker, from day one, all that I have And that remedy harms the very fairness inter- presidential election under-votes in Miami- ests the Court is attempting to protect. The wanted is for the will of the people of Florida Dade Counties and all Florida counties. to be completely and accurately reflected. It is I believe that this was the right decision. manual recount would itself redress a problem evident by the laws of the state of Florida and Floridians just wanted to have a fair process of unequal treatment of ballots.'' the judicial history of election law in this coun- for the counting of their votes and this was Justice Breyer also added: ``. . . [The] Court try that a recount was a matter for the State, granted by the Florida State Supreme Court. is not acting to vindicate a fundamental con- and not Federal Courts to decide. As American citizens they are entitled to that. stitutional principle, such as the need to pro- Mr. Speaker I come from a county of about The Florida Supreme Court's ruling was deliv- tect a basic human liberty. No other strong 1 million. 995,000 people voted in Harris ered a critical juncture in the face of the re- reason to act is present. Congressional stat- County. We discarded 6,000 votes in Harris count process and would have resolved much County, Texas. However, in one Palm Beach utes tend to obviate the need. And, above all, of the legal ambiguity regarding recounts that in this highly politicized matter, the appear- County in Florida, approximately 19,000 bal- haunts this country today. lots were discarded. In that one county 19,000 ance of a split decision runs the risk of under- The Florida Supreme Court's decision mining the public's confidence in the Court citizen's voices were silenced. Florida Sec- should have been implemented as ordered itself. That confidence is a public treasure. It retary of State, Katherine Harris, a strong without hesitation. We would have then been has been built slowly over many years, some Bush supporter who campaigned for him gave able to come together as Americans, thus, en- a short deadline for the electoral votes to be suring that the 43rd President of the United of which were marked by Civil War and the delivered to her which would not allow ade- States was elected by the people. However, tragedy of segregation. It is a vitally necessary quate time for a recount, thus, ensuring the on December 9, 2000, the U.S. Supreme ingredient of any successful effort to protect disenfranchisement of the Florida citizens and Court ordered an injunction to stop the manual basic liberty and indeed, the rule of law itself. delivering that state's electoral votes to Bush. recount of the under-votes in Miami-Dade We run no risk of returning to the days when This in violation of the state of Florida's own County and all the Florida counties ordered by a President (responding to this Court's effort election laws which in Florida, as in most the Florida Supreme Court. to protect the Cherokee Indians) might have states, the will of the people is determined by On the night of December 12, 2000, the said, ``John Marshall has made his decision; a hand recount. U.S. Supreme Court, in a controversial 5±4 now let him enforce it! Loth, Chief John Jus- The Florida Supreme Court, the highest decision delivered the court holding which pro- court of that state, in a unanimous ruling tice Marshall and The Growth of the American hibited all the legal votes in Florida from being agreed that this was indeed the law of Florida Republic 365 (1948). But we do risk a self-in- counted, thus, ensuring then-Governor Bush and overruled the Florida Secretary of States flicted woundÐwound that may harm not just receiving Florida's electoral votes to win the deadline, thus, calling on a recount by the four the Court, but the Nation.'' presidential election. As I stated at the begin- counties with the highest volume of ning of my statement; while I was dis- Mr. Speaker, the basic right to have your disenfranchised votes. In reaching its holding appointed with the U.S. Supreme Courts rul- voted counted is a basic right guaranteed and the Florida State Supreme Court cited the Illi- protected by the United States Constitution. It nois Supreme Court who made it clear that ing, as a member of the United States Con- gress sworn to uphold the laws and Constitu- is understood that the preamble to the Con- the vote intent standard ought to be the stand- stitution of the United States is not a source ard used in determining the will of the people. tion of the United States, I accepted and will abide by the decision of our nation's highest of power for any department of the Federal The Illinois Supreme Court had dealt specifi- Government, however, the Supreme Court has cally with the dimpled chad issue. court as the supreme legal and constitutional The Bush campaign argued against the authority of our great country. However, I con- often referred to it as evidence of the origin, Florida State Supreme Court ruling stating that cur with Justice Ginsburg's statement when scope, and purpose of the Constitution. In this process would cause disruption and insta- she said ``the Court's conclusion that a con- Jacobson vs. Massachusetts, Justice Harlan bility and yet it was their campaign that went stitutionally adequate recount is impractical is wrote in 1905, ``Although that preamble indi- to court in the first place and it was their cam- a prophecy the Court's own judgement will not cates the general purposes for which the peo- paign that suggested that the rule of law and allow to be tested. Such an untested prophecy ple ordained and established the Constitution, our Constitutional processes be circumvented should not decide the Presidency of the it has never been regarded as the source of in favor of a partisan political solution. United States.'' any substantive power conferred on the gov- I have always believed that more people Furthermore, Justice Stevens assessment ernment of the United States, or on any of its went to the polls in Florida to vote for AL that this nation will never know with certainty departments. Such powers embrace only the true identity of the winner of this years GORE than went to vote for George W. Bush. those expressly granted in the body of the presidential election. If we have learned any- I believe that the hand recount would have Constitution, and such as may be implied from thing from the Justices of the Supreme Court, shown that to be the case. And the fact that those so granted.'' the Bush campaign fought this so strenuously however, is that it is up to this nation, through shows that they knew this to be the case also. the United States Congress, state legislatures, This constitution like all constitutions is the We are a nation of laws. We have been one and local communities to correct the problems property of a nation, and not of those who ex- for over 200 years. The Florida State Supreme highlighted in the past year's presidential elec- ercise the government. It is our belief, as Court is the highest court of the state. Their tion to correct the problems to ensure that the Americans, that this democracyÐour democ- job was to resolve legal questions, such as will of all the people in future elections is not racy was and continues under the direct au- the one they looked at on November 21st. thwarted. thority of the people of this nation.

VerDate 06-JAN-2001 03:00 Jan 07, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\A06JA7.017 pfrm02 PsN: H06PT1 January 6, 2001 CONGRESSIONAL RECORD — HOUSE H51 All power exercised over a nation, must dispute is one traditionally thought to be capa- order process of discerning voter intent when have some beginning. In the United States the ble of resolution through the judicial process. the machine failed in that determination. A beginning of power is found in the Constitu- Justice O'Connor wrote in the Court's major- constitution is the property of a nation, and not tion, but in the history of mankind power has ity opinion in Allen vs. Wright, 468 US 73, ``All of those who exercise the government. All the found two sources it may either be delegated, of the doctrines that cluster about Article IIIÐ constitutions of America are declared to be es- or assumed. There are no other sources of not only standing but mootness, ripeness, po- tablished on the authority of the people. power other than the consent of the governed. litical question, and the likeÐrelate in part, Aristotle in his work titled ``Politics'' stated All delegated power is trust, and all assumed and in different though overlapping ways, to that ``democracy is the form of government in power is usurpation. Time does not alter truth an idea, which is more than an intuition but which the free are rulers.'' With the Supreme of this statement it only makes its truth clearer less than a rigorous and explicit theory, about Court choosing by a one vote majority to rule to those who can see and to those who are the constitutional and prudential limits to the in favor of the hand counting of ballots, as enlightened history. powers of an unelected, unrepresentative judi- long as the method is uniform and did not vio- The Constitution of the United States does ciary in our kind of government.'' late the Safe Harbor Provision of the Constitu- not provide an explicit language to preserve The case brought before the Court titled tion seemed in its reading to be an affirmation the boundaries nor does it provide checks and Bush vs. Gore did not establish the fine points of the free ballot. However, history will not blur balances between the legislative, executive of standing because no injury had been in- the directive of this decision, because it was and judicial branches of government that it es- curred by Bush. It was only the presumption of delivered with only one hour and forty minutes tablishes. However, it does grant to these impending injury that prompted the Court's ac- left for the Florida Supreme Court to digest, branches of federal government separately the tion. Bush anticipated losing the electors ap- implement and complete. power to legislate, to execute, and to adju- portioned to the State of Florida, which would Over the course of the weeks leading to the dicate, and it provides throughout the docu- have decided the national election in Vice decision it had been established that the proc- ment the means to accomplish those ends in President GORE's favor. ess of counting ballots by hand was laborious a manner that would allow each of the Just as the question of standing has weight and very time consuming. The force of the de- branches of government to avoid ``blandish- and breath in the life of Judicial Review so cision was an affront to the spirit and life of ments and incursions of the others.'' The does the Ripeness Doctrine, which defines our nation's democracy. It was an act of trea- beauty of this document is its goals, which when a case may be brought before the Su- son to all of those who have fought, lost eye, was to order to system of federal government preme Court for review. In the case of United limb or life in the effort to keep themselves by conferring sufficient power to govern while Public Workers vs. Mitchell, the Court ruled and their progeny free to exercise those pre- withholding the ability to abridge the liberties that it could not rule in the matter because the cious values of America's brand of democracy. of the governed. To this reason, I share Henry plaintiffs ``where not threatened with actual in- In the words of ``Freedom,'' a poem by David Thoreau's view that ``Government does terference with their interest,'' there was only Langston Hughes we hear the threat to our not keep the country free.'' a potential threat of interference of their inter- national existence, ``freedom will not come The long standing theory of elaborated and est. The Court viewed the threat hypothetical today, this year nor ever, through compromise implemented constitutional power is grounded and not established in the realm of reality and fear. I have as much right as the other fel- on several principles chief of which are: the where squarely their purview had effect. It had low has to stand on my two feet and own the conception that each branch performs unique been well established and excepted that pre- land. I tire so of hearing people say, let things and identifiable functions that are appropriate enforcement challenges to criminal and regu- take their course. Tomorrow is another day. I to each; and the limitation of the personnel of latory legislation will often be unripe for judicial do not need my freedom when I'm dead. I each branch to that branch, so that no one consideration because of uncertainty of en- cannot live on tomorrow's bread. Freedom is person or group should be able to serve in forcement. a strong seed planted in the soil. I live here more than one branch simultaneously. The Court when it ordered a stop to the too. I want freedom just as you.'' Paine offered that Government is not a counting of ballots ordered by the Florida Su- I fear that our nation has lapsed into a world trade which any man or body of men has a preme Court ended any possible light being of ``Orwellian double speak.'' Prior to the U.S. right to set and exercise for his own emolu- shown on the issue of injury to presidential Supreme Court decision the double-speak of ment, but is altogether a trust, in right of those candidate Bush. the Republican Party was that very open pub- by whom that trust is delegated, and by who The dissenting view offered by Justice Ste- lic process of hand counting ballots was the it is always presumable. vens and joined by Justice Ginsburg and Jus- casting of votes. In the aftermath of the Su- Unfortunately in the evidence of the resolu- tice Breyer, Stevens stated that the issue pre- preme Court decision to in effect select the tion of the election that very thing has oc- sented to the Court had been assigned to the 43rd President of the United States the Re- curred. The United States Supreme Court who States by the Constitution. Article II, Section 1 publican leadership engaged in a display of is sworn to protect and defend the Constitution of the Constitution defines that each state double-speak. ``The president-elect was cho- of the United States may in fact have issued shall appoint, in such manner as the Legisla- sen by a constitutional method, and ``Presi- a ruling that will erode the Constitution. ture thereof may direct, a number of electors, dent-elect Bush won the State of Florida,'' are The Supreme Court has more cases pre- equal to the whole number of Senators and only two of the double-speak phrases which sented than it can possibly review and for this Representatives to which the state may be en- have resulted. reason has over time applied two rules to titled for the purpose of choosing the Presi- The result of this infamous decision is that judge the appropriateness of review the dent and Vice President of the United States. thousands of people were shunned by the Standing Doctrine and the Ripeness Doctrine. There is inherent in the arcane and dis- country we have known, slaved and died for Standing as a doctrine is composed of both jointed method of local state, and national on and off its blooded battlefields. Exposed constitutional and prudential restraints on the elections disparity of treatment in that all vot- naked and raw before the public stage as power of the federal courts to render deci- ers do not use the same method of voting. being of no consequence worth mentioning. I sions. In Valley Forge Christian College vs. The condition of the Florida election was the do remember the cries from Republicans and Americans United, decided in 1982, Renquist fruit of this disparity in that the variations in Democrats after it was learned that military wrote that the exercise of judicial power under the methods voting lead to different methods service men and women votes cast by absen- Art. III is restricted to litigants who can show of tallying votes and different success or fail- tee ballot were under threat of not being ``injury in fact'' resulting from the action that ure rates in the accuracy of those tallies. The counted. The cry that we should not disenfran- they seek to have the court adjudicate. Doc- more modern pencil mark to fill an oval on a chise these Americans was shared by all who trine of ``standing'' has a core constitutional paper ballot that is fed into a computer to tally appreciate their dedication and service to our component that a plaintiff must allege personal votes was found to only hold a three percent nation. My pain was the lack of concern that injury fairly traceable to the defendant's alleg- error rate while the punch card method of tal- those who were veterans of past conflicts edly unlawful conduct and likely to be re- lying votes had a fifteen percent error rate. were not given the same level of concern that dressed by the requested relief. The concepts It is clear that the injured party in this matter their votes not go uncounted because they re- of the standing doctrine present questions that are the voters of Florida who had to suffer sided in Palm Beach County, and Miami must be answered by reference to the Article through the biased actions of a Secretary of County, Florida. III notion that federal courts may exercise State who acted as the Co-Florida State Chair CONCLUSION power only in the last resort and as a neces- for the Bush for President effort. The voters The principle of equality died a public death sity, and only when adjudication is consistent struggled to be heard in the face of repeated the day that the Supreme Court acted under with a system of separated powers and the challenges and disruptions designed to end an the one vote majorities interest in rescuing the

VerDate 06-JAN-2001 03:00 Jan 07, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\A06JA7.019 pfrm02 PsN: H06PT1 H52 CONGRESSIONAL RECORD — HOUSE January 6, 2001 failed presidential bid of their fellow Repub- has final authority to certify ballots as of The 4–3 vote gives Gore another 383 votes lican by acting in a perverse manner cloaked Nov. 14 deadline. from earlier partial recounts. in judicial ease. Florida Attorney general says overseas Circuit courts in Seminole and Martin Niccolo Machiavelli would be very proud of ballots, mostly from military bases, that counties rule that absentee ballots did not were rejected because they lacked postmarks the Republican Party's success at gainning violate the law though Republican workers should be counted. filled in missing ID numbers. the Presidency of the United States. It is a Tuesday, November 12—Florida Supreme Saturday, December 9—U.S. Supreme tragedy that the will of the people was ignored Court rules that hand-recounted votes can be Court agrees to Bush’s appeal for a halt to and the right to be counted was not adhered accepted for six more days. recount and schedules oral arguments from to. What occurred during the past election was Wednesday, November 22—Republican Vice both sides for Monday. ``modern day Jim Crowism,'' which was erect- Presidential Candidate Dick Cheney is hos- Monday, December 11—U.S. Supreme Court ed from the burial grounds of statutes passed pitalized for chest pains. hears oral arguments on Bush’s appeal to Miami-Dade County halts unfinished re- by the legislatures of the Southern states to halt the Florida vote recount. count amid dispute over standards for count- Tuesday, December 12—Florida designates prevent African Americans from voting after ing ballots. the Reconstruction era. 25 electors pledged to Bush for Electoral Col- Bush appeals to the U.S. Supreme Court. lege vote. While statutes were not enacted during this Thursday, November 23—Florida Supreme Florida Supreme Court rejects Democrats’ Court rejects Gore appeal to force Miami- past election to prevent minorities from voting, bid to throw out absentee ballots they Dade to reconvene their recount. affirmative actions were taken that prevented charge Republicans tampered with. Friday, November, 24—U.S. Supreme Court minorities, women, the elderly and thousands Wednesday, December 13—Bush declares of Democrats from invoking their constitutional agrees to hear Bush appeal. Saturday, November 25—Bush drops law- victory, Gore concedes. right to vote. suit on counting military absentee ballots, Monday, December 18—Members of the Mr. Speaker, we must not let these ``Jim but files suits in five individual counties. Electoral College cast their votes. Crow'' actions to revive itself from the burial Sunday, November 26—Florida Supreme Saturday, January 20, 2001—Inauguration ground of this country's segregationist past. Court sets 5pm deadline for the Secretary of Day. To do so would wash away the blood stains, State’s office to accept all recounts. and tears of our ancestors, parents and even Flordia certifies election results, declaring CONGRESS OF THE UNITED STATES, ourselves who fought for the right of every citi- Bush the winner by 537 of the nearly 6 mil- HOUSE OF REPRESENTATIVES, Washington, DC, January 6, 2001. zen's voice to be heard legless of race, eth- lion votes cast. Palm Beach hand recounts are not included in the total. Hon. ALBERT GORE, Jr., nicity, gander, age, and yes, even political Monday, November 27—Gore goes on na- Vice President of the United States and Senate affilation. tional television to defend his call for re- President, Washington, DC. ELECTION EVENTS counts and files suit in local court con- DEAR VICE PRESIDENT GORE: We object to Tuesday, November 7—Voters across the testing Florida results. the 25 votes from the State of Florida for United States cast their ballots. Bush team calls for private donations to fi- George W. Bush for President and Richard Wednesday, November 8—The races in nance White House transition after the Clin- Cheney for Vice President. Notwithstanding Florida, New Mexico and Oregon are too ton administration refuses to release funds the certification by the Governor of the close to call. traditionally provided for the hand-over. State of Florida, it is the opinion of the un- Tuesday, November 14—5 PM deadline for Tuesday, November 28—Gore calls for dersigned that these 25 votes were not regu- counties to report elections returns imposed seven-day plan to recount Florida votes to larly given in that the plurality of votes in by Florida’s Republican Secretary of State begin immediately. Leon County Circuit the State of Florida were in fact cast for Al- Katherine Harris. Court Judge agrees to consider the recount bert Gore, Jr. for President and Joseph I. Broward County reverses course and grants but holds off on hearing until December 2. Lieberman for Vice President. Further, cer- Gore’s request for a full hand recount. Gore, Bush lawyers deliver briefs to U.S. tain violations of the Voter Rights Act of Circuit Judge Terry Lewis rules that Har- Supreme Court for December 1 hearing. 1965 disenfranchised many voters prohibiting ris could enforce the deadline but requires Wednesday, November 29—Bush opens them from casting their vote which im- her to use flexibility in her decision. transition office in McLean, VA. Gore vows pacted the electoral vote. Therefore, no elec- Wednesday, November 15—Harris an- to fight on until mid-December. toral vote of the State of Florida should be nounces official Bush lead of 300 votes and Thursday, November 30—Palm Beach ships counted for George W. Bush for President or gives a 2 p.m. deadline for counties to justify ballots to Tallahassee for December 2 hear- for Richard Cheney for Vice President. late returns. ing. Respectfully, Florida’s Supreme Court rejects Bush’s bid Gore appeals Leon County refusal to begin SHEILA JACKSON-LEE. to block the recount. immediate recount to the U.S. Supreme CARRIE P. MEEK. A federal appeals court in Atlanta agrees Court. EDDIE BERNICE JOHNSON. to hear Bush’s request to block all Florida Friday, December 1—U.S. Supreme Court ELIJAH E. CUMMINGS. hand recounts. Justices hears case. Palm Beach County gets a green light for Florida Supreme Court rejects Gore’s ap- its recount with a ruling that the canvassing MOTION TO DELAY OFFERED BY MS. JACKSON- peal for expedited recount Florida Supreme LEE OF TEXAS board could decide how to review the votes. Court rules ‘‘butterfly ballot’’ constitu- Thursday, November 16—Harris refuses Ms. Jackson-Lee of Texas moves that the tional. counties’ justifications for submitting late Saturday, December 2—Leon County Cir- House delay the counting of the electoral returns. cuit Court considers recounts of one million votes until a quorum of both chambers is Florida Supreme Court gives the green ballots from Miami-Dade and Palm Beach present. light to Florida counties to go ahead with counties. This is a solemn day. This is a solemn day ballot hand recounts. Monday, December 4—U.S. Supreme Court because it is a day when Congress will affirm Bush decides against contesting Iowa re- sets aside Florida Supreme Court decision the voice of the American people and proce- sults, which give Gore a narrow lead. extending deadline for recounts, sending it dural statutes dictated by 3 USC 15, 16 & 17. Friday, November 17—Circuit Judge Lewis Therefore, any proceeding should not be rules that Harris can reject returns filed back to state court for further clarification of its ruling. done in the absence of a quorum, especially, after Nov. 14 deadline. where more than 1/2 million people have a Gore appeals Lewis decision to Florida Su- Tuesday, December 5—The Florida Su- preme Court schedules oral arguments for different opinion of the electoral result that preme Court, Florida Supreme Court rules will be affirmed today. Harris may not certify results on Saturday; Thursday for Gore’s appeal of Monday’s rul- ing rejecting his challenge to the certifi- Therefore, all members of Congress should sets hearings on issue for Monday, Nov. 20. be allowed to go on the record to be heard on Thousands for Florida absentee ballots cation of Bush as Florida’s winner. the issue. from overseas are due by midnight Friday The 11th U.S. Circuit Court of Appeals SHEILA JACKSON-LEE. and will be added to the state total. hears arguments on Bush’s effort to have the Hearing is held on the constitutionality of manual recounts declared unconstitutional. a re-vote in Palm Beach. Wednesday, December 6—Fed appeals court CONGRESSIONAL BLACK CAUCUS Saturday, November 18—States have noon in Atlanta refuses to throw out recounted OF THE UNITED STATES CONGRESS, deadline to submit overseas ballot counts. votes in three Florida counties. Washington, DC, January 6, 2001. Hand recounts proceed in Broward and Thursday, December 7—Gore lawyers argue Hon. ALBERT GORE, Jr., Palm Beach counties. for recounts before Florida Supreme Court. Vice President of the United States and Senate Miami-Dade County officials meet again to Trials on absentee ballots in Seminole and President, consider a full hand recount of more than Martin counties end. The Capital, Washington, DC. 600,000 votes. Friday, December 8—Florida supreme DEAR VICE PRESIDENT GORE: We object to Monday, November 20—Florida Supreme court orders immediate manual recounts of the 25 votes from the State of Florida for Court hears arguments on whether Harris ballots from Miami-Dade and other counties. George W. Bush for President and Richard

VerDate 06-JAN-2001 03:00 Jan 07, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A06JA7.021 pfrm02 PsN: H06PT1 January 6, 2001 CONGRESSIONAL RECORD — HOUSE H53 Cheney for Vice President. Notwithstanding agricultural products within 10 years. Mrs. BONO (at the request of Mr. the certification by the Governor of the The FTA covers all agriculture without Armey) for today on account of med- State of Florida, it is the opinion of the un- exception. The Agreement will also ical reasons. dersigned that these 25 votes were not regu- eliminate commercial barriers to bilat- larly given in that the plurality of votes in f eral trade in services originating in the the State of Florida were in fact cast for Al- SPECIAL ORDERS GRANTED bert Gore, Jr. for President and Joseph I. United States and Jordan. Specific lib- Lieberman for Vice President. Therefore, no eralization has been achieved in many By unanimous consent, permission to electoral vote of Florida should be counted key services sectors, including energy address the House, following the legis- for George W. Bush for President or for Rich- distribution, convention, printing and lative program and any special orders ard Cheney for Vice President. publishing, courier, audiovisual, edu- heretofore entered, was granted to: Respectfully, cation, environmental, financial, (The following Members (at the re- Eddie Bernice Johnson; Alcee L. health, tourism, and transport serv- quest of Ms. JACKSON-LEE of Texas) to Hastings; Carrie P. Meek; Corrine revise and extend their remarks and in- Brown; Sheila Jackson-Lee; Barbara ices. Lee; Elijah E. Cummings; Maxine Wa- In the area of intellectual property clude extraneous material:) ters; Cynthia McKinney; Eva M. Clay- rights, the U.S.-Jordan Free Trade Ms. WATERS, for 5 minutes, today. ton. Agreement builds on the strong com- Ms. JACKSON-LEE of Texas, for 5 min- f mitments Jordan made in acceding to utes, today. the WTO. The provisions of the FTA in- f LEGISLATIVE PROPOSAL TO IM- corporate the most up-to-date inter- ADJOURNMENT PLEMENT AGREEMENT BETWEEN national standards for copyright pro- THE UNITED STATES AND THE tection, as well as protection for con- Ms. JACKSON-LEE of Texas. Mr. HASHEMITE KINGDOM OF JOR- fidential test data for pharmaceuticals Speaker, I move that the House do now DAN ON ESTABLISHMENT OF and agricultural chemicals and adjourn. FREE TRADE AREA—MESSAGE stepped-up commitments on enforce- The motion was agreed to. FROM THE PRESIDENT OF THE ment. Among other things, Jordan has The SPEAKER pro tempore. Pursu- UNITED STATES (H. DOC. NO. 107– undertaken to ratify and implement ant to the provisions of House Concur- 15) the World Intellectual Property Orga- rent Resolution 1 of the 107th Congress, The SPEAKER pro tempore (Mr. nization’s (WIPO) Copyright Treaty the House stands adjourned until Sat- LAHOOD) laid before the House the fol- and WIPO Performances and urday, January 20, 2001, at 10 a.m. lowing message from the President of Phonograms Treaty within 2 years. Thereupon (at 3 o’clock and 27 min- the United States; which was read and, The FTA also includes, for the first utes p.m.), pursuant to House Concur- together with the accompanying pa- time ever in the text of a trade agree- rent Resolution 1, the House adjourned pers, without objection, referred to the ment, a set of substantive provisions until Saturday, January 20, 2001, at 10 Committee on Ways and Means and the on electronic commerce. Both coun- a.m. Committee on the Judiciary and or- tries agreed to seek to avoid imposing f customs duties on electronic trans- dered to be printed: EXECUTIVE COMMUNICATIONS, missions, imposing unnecessary bar- To the Congress of the United States: ETC. I am pleased to transmit a legislative riers to market access for digitized Under clause 8 of rule XII, executive proposal to implement the Agreement products, and impeding the ability to communications were taken from the between the United States of America deliver services through electronic Speaker’s table and referred as follows: and the Hashemite Kingdom of Jordan means. These provisions also tie in on the Establishment of a Free Trade with commitments in the services area 19. A letter from the Associate Adminis- that, taken together, aim at encour- trator, Agricultural Marketing Service, Area. Also transmitted is a section-by- Fruit and Vegetable Programs, Department section analysis. aging investment in new technologies and stimulating the innovative uses of of Agriculture, transmitting the Depart- The U.S.-Jordan Free Trade Agree- ment’s final rule—Tart Cherries Grown in ment (FTA) provides critical support networks to deliver products and serv- the States of Michigan, et al.; Authorization for a pivotal regional partner for U.S. ices. of Japan as an Eligible Export Outlet for Di- efforts in the Middle East peace proc- The FTA joins free trade and open version and Exemption Purposes [Docket No. ess. Jordan has taken extraordinary markets with civic responsibilities. In FV00–930–4 FIR] received January 3, 2001, steps on behalf of peace and has served this Agreement, the United States and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Jordan affirm the importance of not re- mittee on Agriculture. as a moderating and progressive force 20. A letter from the Associate Adminis- in the region. This Agreement not only laxing labor or environmental laws in order to increase trade. It is important trator, Agricultural Marketing Service, sends a strong and concrete message to to note that the FTA does not require Fruit and Vegetable Programs, Department Jordanians and Jordan’s neighbors of Agriculture, transmitting the Depart- either country to adopt any new laws about the economic benefits of peace, ment’s final rule—Cranberries Grown in the in these areas, but rather includes but significantly contributes to sta- States of Massachusetts, et al.; Temporary commitments that each country en- bility throughout the region. This Suspension of Provisions in the Rules and force its own labor and environmental Agreement is the capstone of our eco- Regulations [Docket No. FV00–929–6 FIR] re- laws. ceived January 3, 2001, pursuant to 5 U.S.C. nomic partnership with Jordan, which The U.S.-Jordan Free Trade Agree- 801(a)(1)(A); to the Committee on Agri- has also included U.S.-Jordanian co- ment will help advance the long-term culture. operation on Jordan’s accession to the U.S. objective of fostering greater Mid- 21. A letter from the Associate Adminis- World Trade Organization (WTO), our dle East regional economic integration trator, Agricultural Marketing Service, joint Trade and Investment Frame- in support of the establishment of a Fruit and Vegetable Programs, Department work Agreement, and our Bilateral In- of Agriculture, transmitting the Depart- just, comprehensive, and lasting peace, ment’s final rule—Raisins Produced from vestment Treaty. This Agreement is a while providing greater market access vote of confidence in Jordan’s eco- Grapes Grown in California; Decreased As- for U.S. goods, services, and invest- sessment Rate [Docket No. FV00–989–5 FIR] nomic reform program, which should ment. I urge the prompt and favorable received January 3, 2001, pursuant to 5 U.S.C. serve as a source of growth and oppor- consideration of this legislation. 801(a)(1)(A); to the Committee on Agri- tunity for Jordanians in the coming WILLIAM J. CLINTON. culture. years. THE WHITE HOUSE, January 6, 2001. 22. A letter from the Congressional Review Coordinator, Animal and Plant Health In- The U.S.-Jordan Free Trade Agree- f ment achieves the highest possible spection Service, Department of Agriculture, commitments from Jordan on behalf of LEAVE OF ABSENCE transmitting the Department’s final rule— U.S. business on key trade issues, pro- Certification of Beef from Argentina [Docket By unanimous consent, leave of ab- No. 00–079–1] received January 3, 2001, pursu- viding significant and extensive liber- sence was granted to: ant to 5 U.S.C. 801(a)(1)(A); to the Committee alization across a wide spectrum of Ms. CARSON of Indiana (at the request on Agriculture. trade issues. For example, it will elimi- of Mr. GEPHARDT) for January 3 on ac- 23. A letter from the Deputy Associate Ad- nate all tariffs on industrial goods and count of official business. ministrator, Environmental Protection

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