[Congressional Record Volume 148, Number 32 (Tuesday, March 19, 2002)]
[Senate]
[Pages S2083-S2092]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3033. Mr. LOTT proposed an amendment to amendment SA 2989 proposed 
by Mrs. Feinstein (for herself, Ms. Cantwell, Mr. Wyden, Mrs. Boxer, 
Mr. Leahy, Mr. Durbin, Mr. Fitzgerald, and Mr. Corzine) to the 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       At the appropriate place, add the following:

     SEC.  . FAIR TREATMENT OF PRESIDENTIAL JUDICIAL NOMINEES.

       (a) Findings.--The Senate finds that--
       (1) the Senate Judiciary Committee's pace in acting on 
     judicial nominees thus far in this Congress has caused the 
     number of judges confirmed by the Senate to fall below the 
     number of judges who have retired during the same period, 
     such that the 67 judicial vacancies that existed when 
     Congress adjourned under President Clinton's last term in 
     office in 2000 have now grown to 96 judicial vacancies, which 
     represents an increase from 7.9 percent to 11 percent in the 
     total number of Federal judgeships that are currently vacant;
       (2) thirty one of the 96 current judicial vacancies are on 
     the United States Courts of Appeals, representing a 17.3 
     percent vacancy rate for such seats;
       (3) seventeen of the 31 vacancies on the Courts of Appeals 
     have been declared ``judicial emergencies'' by the 
     Administrative Office of the U.S. Courts;
       (4) during the first 2 years of President Reagan's first 
     term, 19 of the 20 circuit court nominations that he 
     submitted to the Senate were confirmed; and during the first 
     2 years of President George H. W. Bush's term, 22 of the 23 
     circuit court nominations that he submitted to the Senate 
     were confirmed; and during the first 2 years of President 
     Clinton's first term, 19 of the 22 circuit court nominations 
     that he submitted to the Senate were confirmed; and
       (5) only 7 of President George W. Bush's 29 circuit court 
     nominees have been confirmed to date, representing just 24 
     percent of such nominations submitted to the Senate.
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that, in the interests of the administration of justice, the 
     Senate Judiciary Committee shall hold hearings on the 
     nominees submitted by the President on May 9, 2001, by May 9, 
     2001.
                                  ____

  SA 3034. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 2356, to amend the Federal Election 
Campaign Act of 1971 to provide bipartisan campaign reform; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ____. LIMITATION ON ACCEPTANCE OF OUT-OF-STATE 
                   CONTRIBUTIONS BY CANDIDATES.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 
     318, is further amended by adding at the end the following 
     new section:


 ``limitation on acceptance of out-of-state contributions by candidates

       ``Sec. 325. (a) Limitation.--
       ``(1) Senate candidates.--A Senate candidate and the 
     candidate's authorized committee shall not accept, during an 
     election cycle, contributions from persons other than 
     individuals residing in the candidate's State in an amount 
     exceeding 40 percent of the total amount of contributions 
     accepted during the election cycle.
       ``(2) House candidates.--A House candidate and the 
     candidate's authorized committee shall not accept, during an 
     election cycle, contributions from persons other than 
     individuals residing in the candidate's congressional 
     district in an amount exceeding 40 percent of the total 
     amount of contributions accepted during the election cycle.
       ``(b) Time To Meet Requirement.--A candidate shall meet the 
     requirement of the applicable paragraph of subsection (a) on 
     the date for filing the post-general election report under 
     section 304(a)(2)(A)(ii).''.
       (b) Definitions.--Section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431), as amended by section 
     304(c), is further amended by adding at the end the following 
     new paragraphs:
       ``(27) Senate candidate.--The term `Senate candidate' means 
     a candidate who seeks nomination for election, or election, 
     to the Senate.
       ``(28) House candidate.--The term `House candidate' means a 
     candidate who seeks nomination for election, or election, to 
     the House of Representatives.''.
                                  ____

  SA 3035. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 2356, to amend the Federal Election 
Campaign Act of 1971 to provide bipartisan campaign reform; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ____. LIMIT ON CONGRESSIONAL USE OF THE FRANKING 
                   PRIVILEGE.

       Section 3210(a)(6)(A) of title 39, United States Code, is 
     amended to read as follows:
       ``(A) A Member of Congress shall not mail any mass mailing 
     as franked mail during a year in which there will be an 
     election for the seat held by the Member during the period 
     between January 1 of that year and the date of the general 
     election for that office, unless the Member has made a public 
     announcement that the Member will not be a

[[Page S2091]]

     candidate for election to any Federal office in that year 
     (including the office held by the Member).''.
                                  ____

  SA 3036. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 2356, to amend the Federal Election 
Campaign Act of 1971 to provide bipartisan campaign reform; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ____. RIGHTS OF EMPLOYEES RELATING TO THE PAYMENT AND 
                   USE OF LABOR ORGANIZATION DUES.

       (a) Payment of Dues.--
       (1) Rights of employees.--Section 7 of the National Labor 
     Relations Act (29 U.S.C. 157) is amended by striking 
     ``membership'' and all that follows and inserting the 
     following: ``the payment to a labor organization of dues or 
     fees related to collective bargaining, contract 
     administration, or grievance adjustment necessary to 
     performing the duties of exclusive representation as a 
     condition of employment as authorized in section 8(a)(3).''.
       (2) Unfair labor practices.--Section 8(a)(3) of the 
     National Labor Relations Act (29 U.S.C. 158(a)(3)) is amended 
     by striking ``membership therein'' and inserting ``the 
     payment to such labor organization of dues or fees related to 
     collective bargaining, contract administration, or grievance 
     adjustment necessary to performing the duties of exclusive 
     representation''.
       (b) Requirements for Use of Dues for Certain Purposes.--
       (1) Written agreement.--Section 8 of the National Labor 
     Relations Act (29 U.S.C. 158) is amended by adding at the end 
     the following:
       ``(h)(1) An employee subject to an agreement between an 
     employer and a labor organization requiring the payment of 
     dues or fees to such organization as authorized in subsection 
     (a)(3) may not be required to pay to such organization, nor 
     may such organization accept payment of, any dues or fees not 
     related to collective bargaining, contract administration, or 
     grievance adjustment necessary to performing the duties of 
     exclusive representation unless the employee has agreed to 
     pay such dues or fees in a signed written agreement that 
     shall be renewed between the first day of September and the 
     first day of October of each year.
       ``(2) Such signed written agreement shall include a ratio, 
     certified by an independent auditor, of the dues or fees 
     related to collective bargaining, contract administration, or 
     grievance adjustment necessary to performing the duties of 
     exclusive representation and the dues or fees related to 
     other purposes.''.
       (2) Written assignment.--Section 302(c)(4) of the Labor 
     Management Relations Act, 1947 (29 U.S.C. 186) is amended by 
     inserting before the semicolon the following: ``: Provided 
     further, That no amount may be deducted for dues unrelated to 
     collective bargaining, contract administration, or grievance 
     adjustment necessary to performing the duties of exclusive 
     representation unless a written assignment authorizes such a 
     deduction''.
       (c) Notice to Employees Relating to the Payment and Use of 
     Dues.--Section 8 of the National Labor Relations Act (29 
     U.S.C. 158), as amended by subsection (b)(1), is amended by 
     adding at the end the following:
       ``(i)(1) An employer shall post a notice that informs the 
     employees of their rights under section 7 of this Act and 
     clarifies to such employees that an agreement requiring the 
     payment of dues or fees to a labor organization as a 
     condition of employment as authorized in subsection (a)(3) 
     may only require that employees pay to such organization any 
     dues or fees related to collective bargaining, contract 
     administration, or grievance adjustment necessary to 
     performing the duties of exclusive representation. A copy of 
     such notice shall be provided to each employee not later than 
     10 days after the first day of employment.
       ``(2) The notice described in paragraph (1) shall be of 
     such size and in such form as the Board shall prescribe and 
     shall be posted in conspicuous places in and about the plants 
     and offices of such employer, including all places where 
     notices to employees are customarily posted.''.
       (d) Employee Participation in the Affairs of a Labor 
     Organization.--Section 8(b)(1) of the National Labor 
     Relations Act (29 U.S.C. 158(b)(1)) is amended by striking 
     ``therein;'' and inserting the following: ``therein, except 
     that, an employee who is subject to an agreement between an 
     employer and a labor organization requiring as a condition of 
     employment the payment of dues or fees to such organization 
     as authorized in subsection (a)(3) and who pays such dues or 
     fees shall have the same right to participate in the affairs 
     of the organization related to collective bargaining, 
     contract administration, or grievance adjustment as any 
     member of the organization;''.
       (e) Disclosure to employees.--
       (1) Expenses reporting.--Section 201(b) of the Labor-
     Management Reporting and Disclosure Act of 1959 (29 U.S.C. 
     431(b)) is amended by adding at the end the following:

     ``Every labor organization shall be required to attribute and 
     report expenses by function classification in such detail as 
     necessary to allow the members of such organization or the 
     employees required to pay any dues or fees to such 
     organization to determine whether such expenses were related 
     to collective bargaining, contract administration, or 
     grievance adjustment necessary to performing the duties of 
     exclusive representation or were related to other 
     purposes.''.
       (2) Report information.--Section 201(c) of the Labor-
     Management Reporting and Disclosure Act of 1959 (29 U.S.C. 
     431(c)) is amended--
       (A) by inserting ``and employees required to pay any dues 
     or fees to such organization'' after ``members'';
       (B) by striking ``suit of any member of such organization'' 
     and inserting ``suit of any member of such organization or 
     employee required to pay any dues or fees to such 
     organization''; and
       (C) by striking ``such member'' and inserting ``such member 
     or employee''.
       (3) Regulations.--The Secretary of Labor shall prescribe 
     such regulations as are necessary to carry out the amendments 
     made by this subsection not later than 120 days after the 
     date of enactment of this Act.
       (f) Effective Dates.--
       (1) In general.--Except as provided in subparagraph (B), 
     this section and the amendments made by this section shall 
     take effect on the date of enactment of this Act.
       (2) Use of dues.--The amendments made by subsections (b) 
     and (c) shall take effect on the date that is 60 days after 
     the date of enactment of this Act.
                                  ____

  SA 3037. Mr. TORRICELLI (for himself and Mr. Corzine) submitted an 
amendment intended to be proposed to amendment SA 2917 proposed by Mr. 
Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place insert the following:

     SEC. ____. EXTENSION OF SUPERFUND, OIL SPILL LIABILITY, AND 
                   LEAKING UNDERGROUND STORAGE TANK TAXES.

       (a) Excise Taxes.--
       (1) Superfund taxes.--Section 4611(e) is amended to read as 
     follows:
       ``(e) Application of Hazardous Substance Superfund 
     Financing Rate.--The Hazardous Substance Superfund financing 
     rate under this section shall apply after December 31, 1986, 
     and before January 1, 1996, and after the date of the 
     enactment of the Energy Policy Act of 2002 and before October 
     1, 2007.''.
       (2) Oil spill liability tax.--Section 4611(f) is amended to 
     read as follows:
       ``(f) Application of Oil Spill Liability Trust fund 
     Financing Rate.--The Oil Spill Liability Trust Fund financing 
     rate under subsection (c) shall apply after December 31, 
     1989, and before January 1, 1995, and after the date of the 
     enactment of the Energy Policy Act of 2002 and before October 
     1, 2007.''.
       (3) Leaking underground storage tank rate.--Section 
     4081(d)(3) is amended by striking ``April 1, 2005'' and 
     inserting ``October 1, 2007.''.
       (b) Corporate Environmental Income Tax.--Section 59A(e) is 
     amended to read as follows:
       ``(e) Application of Tax.--The tax imposed by this section 
     shall apply to taxable years beginning after December 31, 
     1986, and before January 1, 1996, and to taxable years 
     beginning after the date of the enactment of the Energy 
     Policy Act of 2002 and before January 1, 2007.''.
       (c) Technical Amendments.--
       (1) Section 4611(b) is amended--
       (A) by striking ``or exported from'' in paragraph (1)(A),
       (B) by striking ``or exportation'' in paragraph (1)(B), and
       (C) by striking ``and Exportation'' in the heading.
       (2) Section 4611(d)(3) is amended--
       (A) by striking ``or exporting the crude oil, as the case 
     may be'' in the text and inserting ``the crude oil'', and
       (B) by striking ``or exports'' in the heading.
       (d) Effective Dates.--
       (1) Excise taxes.--The amendments made by subsections (a) 
     and (c) shall take effect on the date of the enactment of 
     this Act.
       (2) Income tax.--The amendment made by subsection (b) shall 
     apply to taxable years beginning after the date of the 
     enactment of this Act.
                                  ____

  SA 3038. Mr. KYL (for himself, Mr. Miller, Mr. Warner, Mr. Murkowski, 
and Mr. Voinovich) proposed an amendment to amendment SA 3016 proposed 
by Mr. Bingaman to the amendment SA 2917 proposed by Mr. Daschle (for 
himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the 
Department of Energy to enhance its mission areas through technology 
transfer and partnerships for fiscal years 2002 through 2006, and for 
other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       (a) Requirement.--Section 111(d) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is 
     amended by adding at the end the following:
       ``(14) Green energy.--
       ``(a) Each electric utility shall offer to retail consumers 
     electricity produced from renewable sources, to the extent it 
     is available.

[[Page S2092]]

       ``(b) Renewable sources of electricity include solar, wind, 
     geothermal, landfill gas, biomass, hydroelectric and other 
     renewable energy sources, as may be determined by the 
     appropriate state regulatory authority.''
       (b) Preservation of State Authority.--Nothing in this Act 
     affects the authority of a State to establish a program 
     requiring that a portion of the electric energy sold by a 
     retail electric supplier to electric consumers in that State 
     be generated by energy from any particular type of energy.
                                  ____

  SA 3038. Mr. REID (for Mr. Bingaman) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 555, line 14, after ``secretary'', insert 
     ``shall''.

                          ____________________