[Congressional Record Volume 148, Number 15 (Friday, February 15, 2002)]
[Senate]
[Pages S880-S881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                                SCHEDULE

  Mr. REID. Mr. President, there will be no rollcall votes today. 
However, it is hoped there will be the offering of amendments during 
the day. The same would apply to the Monday we get back, a week from 
this Monday. We hope Senators will offer amendments then. It is the 
expectation that we could complete the finite list of amendments that 
are now on file on Tuesday.
  I reviewed those with the two managers of the bill last night. There 
doesn't appear to be too much there that we could not complete on 
Tuesday. I am confident some of those amendments will be accepted by 
the managers. We will have a managers' amendment, and we are going to 
be very certain that is going to be reviewed prior to the offering of 
that amendment by a number of Senators who have expressed an interest 
in managers' amendments.
  The next rollcall vote will occur on Tuesday, February 26, at 10 a.m.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, I see nobody seeking recognition at the 
moment. I ask unanimous consent that I may speak as in morning business 
for such time as I may consume.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Leahy are printed in today's Record under 
``Morning Business.'')
  Mr. DODD. Mr. President, if I may, to bring our colleagues up to date 
as to how we are going to proceed on the election reform bill. For the 
purposes of reviewing the bidding here, there will be no recorded votes 
today and no recorded votes on Monday, the 25th of February, when we 
return from the Presidents Day recess.
  But as the two leaders indicated last evening, there is now a finite 
list of amendments submitted by our colleagues on both sides of the 
aisle. Senator McConnell and I and our staffs are now going to go 
through those lists of amendments. When possible, we will attempt to 
accept amendments that have been offered. We may be able to start this 
process today and continue on Monday.
  Some amendments may need modifications. If they can be so modified to 
be acceptable to both sides, Senator McConnell and I will try to 
accommodate those without having recorded votes. Some amendments will 
require a decision by the body. We will try to keep those amendments to 
a minimum. Obviously, some amendments are going to require the full 
membership of this body to vote.
  That being the case, on Tuesday, February 26, we will complete voting 
on those amendments with the fervent hope that by the end of that day, 
or at some point on February 26, we will go to third reading and final 
passage of this election reform bill.
  That is the plan. We hope that is exactly how it will work. There are 
a number of amendments that are not drafted in proper amendment form. 
They are concepts and explanations of what Members would like to do. It 
is a little difficult to try to come to some agreement on a proposal 
that hasn't been crafted in legislative language. As a result, if you 
have an amendment in that status, I urge you, over the next hour or so, 
to get it in legislative form sometime today. We can analyze it and 
determine whether or not that amendment can be accepted.
  A number of Members listed relevant amendments. I don't have any idea 
what subject matter is contained in such relevant amendments. So 
Members in that status ought to communicate with us as soon as possible 
about the specifics of the amendment they are submitting about. Maybe 
some Members just wanted a placeholder and said they had a relevant 
amendment. These Members may have said they had a relevant amendment 
and really don't have any intention of offering any language to this 
bill. If this case, at this stage it would be very helpful if we knew 
this. We could then reduce the list down to a manageable number without 
limiting debate for our Members on all the important issues in election 
reform.
  I urge Members on both sides to do all of these things that I 
discussed if they are applicable. Taking action can expedite the 
process to final passage. On February 26, we don't want to have a 
marathon voting exercise all day, with 1 or 2 minutes in advance of a 
series of recorded votes. I am not terribly attracted to that kind of 
process. I understand the value of stacking votes from time to time. 
But I am not sure the institution shows its best effort when we engage 
in a vote marathon.
  I would like to resolve as many amendments as possible and leave for 
the floor the ones that really do require debate. I suggest that so 
Members understand the real importance of what we are considering.
  My plea is to urge all Members here to please get us your proposals. 
My staff, Senator McConnell's staff, and Senator Bond's staff and 
Senator Schumer's staff, are all working on this bill. We can really 
try to resolve as many of these issues as possible today and over the 
next week. Then, on February 25, when we return, we can have a good 
debate on the remaining two, three, or four--whatever the number is 
amendments that deserve debate and consideration that go to the heart 
and core of some differences that may exist. That is how we are going 
to proceed.

  I am grateful to colleagues for their participation over the last 
couple of days. We have had quite a few amendments. We have resolved 
some issues that needed resolution. I am heartened over the fact that 
we are going to have a good bill, a bill all Members can be proud of. 
Approximately 14 months after the November 2000 election, we are going 
to return to our States and say to people in this country, who wondered 
whether or not this body would ever be able to grapple successfully 
with election reform, that yes we could.
  We have come together and resolved differences. We modernize and 
reform an election system that was in desperate need. As the Presiding 
Officer knows so well because he represents the wonderful State of 
Florida that was the subject of such attention for not just our country 
but the entire world.
  As I have said to him and his colleague, Senator Graham, on numerous 
occasions, this is not only a Florida problem; this is not only a 
November 2000 election problem; but rather an election problem that has 
gone on for many years which makes the problem a national problem. The 
only silver lining, I suppose, in all that unfolded in the November 
2000 election is that we are doing something we probably should have 
done years before. Absent the national crisis that developed in the 
year 2000, we probably would not have gotten to real election reform 
for years to come.
  As my mother always said, there is a silver lining in every dark 
cloud. The dark cloud is the November 2000 election. The silver lining 
is we are on the brink in this institution of reforming the manner in 
which Federal elections are conducted by our States and localities in a 
incremental way, but a significant and constitutional way. This means 
that every eligible voter in this country who chooses to vote will have 
an equal opportunity to cast a vote and have that vote counted. It will 
be a user-friendly, accessible institution, and those who want to game, 
cheat or corrupt the system in some way are going to find it much more 
difficult to do so successfully.
  If we can achieve both of those goals in the coming days, then I 
think the American public can rightfully say this Congress, the second 
session of the 107th Congress, did not fail to take and meet the 
challenge that the November 2000 election posed for us.


                           Amendment No. 2916

  Mr. DODD. Mr. President, on behalf of our colleague from 
Massachusetts, Senator Kennedy, I send an amendment to the desk.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
laid aside. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Connecticut [Mr. Dodd], for Mr. Kennedy, 
     proposes an amendment numbered 2916.

  Mr. DODD. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.

[[Page S881]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

  (Purpose: To clarify the application of the safe harbor provisions)

       On page 22, strike lines 9 through 22, and insert the 
     following:
       (b) Safe Harbor.--
       (1) In general.--Except as provided in paragraph (2), if a 
     State or locality receives funds under a grant program under 
     subtitle A or B of title II for the purpose of meeting a 
     requirement under section 101, such State or locality shall 
     be deemed to be in compliance with such requirement until 
     January 1, 2006, and no action may be brought against such 
     State or locality on the basis that the State or locality is 
     not in compliance with such requirement before such date.
       (2) Exceptions.--
       (A) Accessibility for individuals with disabilities.--The 
     safe harbor provision under paragraph (1) shall not apply 
     with respect to the requirement described in section 
     101(a)(3).
       (B) Other federal laws.--An action may be brought against a 
     State or locality described in paragraph (1) if the 
     noncompliance of such State or locality with a requirement 
     described in such paragraph results in a violation of--
       (i) the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.);
       (ii) the Voting Accessibility for the Elderly and 
     Handicapped Act (42 U.S.C. 1973ee et seq.);
       (iii) the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff et seq.);
       (iv) the National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg et seq.);
       (v) the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.); or
       (vi) the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
     seq.).
       On page 34, strike line 23, and insert the following:
       (c) Safe Harbor.--No action may be brought under this Act
       On page 44, strike line 1, and insert the following:
       (d) Safe Harbor.--No action may be brought under this Act
       On page 68, strike lines 19 and 20, and insert the 
     following:
       (a) In General.--Nothing in this Act may be construed to 
     authorize

  Mr. DODD. Mr. President, I ask unanimous consent that the amendment 
be temporarily laid aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DODD. Mr. President, I see a couple of my colleagues who have 
brought over charts, and that means speeches.
  I ask unanimous consent that my colleagues be allowed to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from North Dakota.

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