[Congressional Record Volume 148, Number 103 (Thursday, July 25, 2002)]
[Senate]
[Pages S7336-S7342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2003
Mr. DASCHLE. Madam President, under the authority granted to me and
after consulting with the Republican leader, I now call up Calendar No.
504, H.R. 5121, the legislative branch appropriations bill.
The PRESIDING OFFICER. The leader has that right. The clerk will
report the bill by title.
The assistant legislative clerk read as follows:
[[Page S7337]]
A bill (H.R. 5121) making appropriations for the
Legislative Branch for the fiscal year ending September 30th,
2003, and for other purposes.
The PRESIDING OFFICER. Under the previous order, the text of S. 2720,
the Senate committee-reported bill, is inserted in the appropriate
place in the measure.
Who yields time?
The Senator from Illinois.
Amendment No. 4319
Mr. DURBIN. Madam President, I ask unanimous consent to make a
technical correction to the bill relating to a House matter. This
amendment simply strikes a requirement that the GAO report to the House
Administration Committee regarding its work on the Architect of the
Capitol. We have been informed the committee does not have oversight
for the Architect and therefore have been requested to delete this
reference. I have consulted with my colleague and the ranking member,
Senator Bennett, and I ask unanimous consent this technical correction
be agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report the amendment.
The legislative clerk read as follows:
The Senator from Illinois [Mr. Durbin], for himself and Mr.
Bennett, proposes an amendment numbered 4319.
Mr. DURBIN. Madam President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment was (No. 4319) was agreed to, as follows:
On page 33, lines 19 and 20, strike ``, the Committee on
House Administration of the House of Representatives,''.
On page 34, line 24, through page 35, line 1, strike ``,
the Committee on House Administration of the House of
Representatives,''.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Madam President, I thank my colleague and chairman of the
committee, the Senator from West Virginia, for his help in bringing
this matter to the floor.
Mr. President, I am honored to present to the Senate the fiscal year
2003 legislative branch appropriations bill as reported by the
Appropriations Committee. I thank the chairman and ranking member of
the full committee, Senate Byrd and Senator Stevens, and of course my
ranking member Senator Bennett who has been a real partner in crafting
this legislation.
The bill is within its budget authority and outlay allocation, with
total funding of $2.417 billion. This excludes House amounts which is
the normal protocol.
This is only $8 million--0.35 percent--over the request level and
$164 million or 7 percent over the fiscal year 2002 enacted level.
Virtually all significant increases are focused on enhancing security
for the Capitol complex.
Highlights of the bill include--$675 million for the Senate, $31
million over the enacted level and $11 million below the request.
Significant increases are provided for the Sergeant-at-Arms, directed
at increasing the security of the Capitol complex, including new mail
handling protocols and a new Office of Emergency Preparedness.
For the Architect of the Capitol, funding would total approximately
$396 million compared to the request level of $363 million. The largest
project in the Architect's budget that we are recommending is the
expansion of the Capitol power plant's west refrigeration plant, which
is critically needed due to aging equipment and increased capacity
requirements, at a cost of $82 million. In addition, a number of
critical security-related projects have been included such as an
alternate computing facility for the legislative branch.
The bill includes language aimed at helping the Architect of the
Capitol improve his operations by creating a new deputy Architect of
the Capitol who will also serve as the chief operating officer.
We have worked closely with the General Accounting Office in these
efforts to upgrade AOC operations, including a greater focus on worker
safety, and I might add significant progress has been made in the last
year due to the efforts of this committee and the cooperation of the
Architect's office, project management, accountability for performance,
and coordination of roles and responsibilities.
The Architect of the Capitol operation has been making some
improvements over the past year and the employees worked very hard to
do their part in addressing the anthrax cleanup, an historic challenge
to all who worked on Capitol Hill. But there is much more to be done in
making AOC a best-practices organization.
They have been given tremendous additional responsibilities for
executing a myriad of security projects, particularly the Capitol
Visitor Center--which we want to ensure remains on schedule and on
budget as it is today. Any visitor to Capitol Hill in the last 6 months
or a year has noted the extensive construction underway. The
authorities included in this bill should provide new tools with the
goal of making the AOC a model for facilities management and
construction management.
Funding for the Capitol Police totals roughly $210 million which
reflects their latest payroll and expense estimates. Funding has been
provided to accommodate at 9.1 percent pay raise--which includes
comparability pay--to help the Capitol Police recruit and retain new
officers as they attempt to increase significantly the force size over
the next few years to about 2,000 officers. Also included is authority
for increasing pay for specialty assignments and providing authority
and funding for full premium pay earned during the September 11th and
October 15th incidents.
I can say that the hundreds of thousands of visitors to Capitol Hill
understand the important responsibility of the Capitol Police which was
enhanced and challenged by September 11. We want to make certain that
we have the very best men and women to protect this great national
asset, all the people who work here, and our visitors whom we treasure
very much.
This bill will require that within 3 years the Library of Congress,
just across the street, and Capitol Police officers be merged in order
to improve security. This has been an initiative urged and encouraged
by my colleague, Senator Bennett. The 3-year implementation period will
allow time to work out the details, differences in retirement, training
and equipment.
The Government Printing Office, $122 million is included with the
directive to the administration not to implement the recently announced
policy directing agencies to violate our law and bypass the Government
Printing Office for their printing needs. If such a directive were
implemented, not only would the law be broken, but the process by which
1,300 Federal depository libraries receive Government publications
would be decimated.
For the Library of Congress, including the Congressional Research
Service, funding would total $497 million, an increase of $15 million
over the enacted level, but $15 million below the request, reflecting a
more realistic projection of the cost of new positions. New positions
are provided for preserving the access of the Library's collections,
including digital initiatives.
The General Accounting Office will receive $455 million. This covers
all mandatory and price level increases, and includes $1 million to
continue their important technology assessment work which was initiated
by Congress last year.
The recommendation includes $13 million for the Center for Foreign
Leadership Development. We have expanded what was originally the center
for Russian Leadership Development to include newly independent states
of the former Soviet Union including the Baltics. This program has
proven successful in bringing emerging political leaders in Russia to
the United States to learn democracy firsthand and to make certain they
take those lessons home. Expanding this program to include these
additional countries will continue to promote that critical goal.
Before I turn it over to my colleague and friend Senator Bennett, I
want to particularly thank all the staff on the Appropriations
Committee for their work, and especially Carrie Apostolou, who has done
a tremendous amount of work to make this bill ready for floor
consideration, and Pat Souders of my own staff, who has worked closely
with her.
I thank Senator Bennett for his cooperation, and I yield the floor to
my colleague.
The PRESIDING OFFICER. The Senator from Utah.
Mr. BENNETT. Madam President, I am grateful for the generous remarks
[[Page S7338]]
of my friend and chairman, the Senator from Illinois. I am grateful for
the cooperative way in which we have been able to work through this
bill.
The Senator from Illinois had the challenge of taking over this
subcommittee in the middle of the session, and he had just come to the
subcommittee by virtue of his assignment to the Appropriations
Committee. He has demonstrated that he is a very quick study. He has
moved quickly to get on top of these issues.
I do not want to repeat the various elements of the bill he has
described, but it is a good bill and it is one that I am happy to join
in recommending to the Senate.
As the Senator from Illinois has indicated, I have been advocating
for some time a merger of the Capitol Police, at least with the Library
of Congress Police, and looking at the other police agencies that are
under our jurisdiction. We are now moving ahead with this. I think it
only makes sense, in the new security environment in which we find
ourselves. To have an area as small as the Capitol campus be divided up
into jurisdictions under, not necessarily competing but certainly
different police departments, does not make a whole lot of sense.
I have made reference to this before, but I think it is appropriate
here. One of the things that was particularly significant for the
success of the Olympics in Utah was the coordination that occurred
between competing law enforcement agencies. Of course, we were involved
in a much bigger venue there, a much larger geographic area, but it was
important that everybody got together and was able to communicate.
Given the small nature but highly visible nature of the Capitol
campus, it makes sense to have the police come together. I am grateful
to my friend from Illinois for his support and leadership on this
particular issue.
We all know about the Visitor Center. We can't come into the Capitol
without having it in our face every day. But the demands of the
Architect of the Capitol to bring that project through are significant.
So I think the decision of the committee to fund a Deputy Architect of
the Capitol, creating a full-time manager for the day-to-day activities
of the Architect of the Capitol, is the right decision.
Senator Durbin has been particularly aggressive in trying to solve
some of the management challenges the Architect of the Capitol has had
over the past years. The decision to move toward a Deputy Architect,
toward an operating officer to run the office of the Architect of the
Capitol, is a good decision, and I think we need to highlight that in
this bill.
Finally, I want to make a personal comment about a very small but
maybe high-profile aspect of this bill, which is the Russian Leadership
Conference that now has been expanded, as Chairman Durbin has
indicated, to include other countries.
During the Fourth of July break, I was in Russia. This was the fourth
time I had been there. I was very pleasantly surprised at the high
degree of pro-American atmosphere we ran into. I was in Russia before
when there was, frankly, an underlying current of suspicion--I wouldn't
go so far as to say anti-American attitude in Russia, but suspicion of
America and America's motives. We got that over the issue of the
expansion of NATO, for which I voted and which I supported.
The first time I met with members of the Russian Duma, they were
automatically anti-expansion of NATO. And no matter what we tried to
talk about, they would always bring it back to NATO and, what are you
Americans doing?
On this occasion, we met with officers of the National Council. They
told us they were going to rename it the Senate because they indicated
they did not get appropriate respect in their own country, when
everybody thought of the parliament being the Duma and they thought of
themselves as the upper house. We are very careful in this Congress
that we never use that term. And they thought, if they renamed
themselves the Russian Senate, they would get appropriate respect.
One of the members of that council told me this story. He said: My
grandmother told me that all her life she has been taught to mistrust,
indeed fear, NATO. However, she said, in the present atmosphere, if
President Putin tells me that NATO is no longer a threat, I guess I am
going to have to change my point of view.
He told me that story to illustrate President Putin's popularity in
Russia, but I took that story to indicate a significant change in
Russian attitudes toward Americans, and it has been the Russian
leadership group that has been participating in this function, that we
have been funding out of this subcommittee, that has helped plant the
seeds of that kind of circumstance.
So even though it is a relatively small amount and has been a
controversial program with Members of the House of Representatives, I
can give personal testimony, if you will, that it has borne fruit, that
the fruit has been significant, and I congratulate Senator Durbin on
his continued support of this program and its expansion into other
countries as well.
So, Madam President, I am happy to join with Senator Durbin in
recommending this bill to the other Members of the Senate and urging
its passage.
Mr. CONRAD. Mr. President, I rise to offer for the record the Budget
Committee's official scoring for S. 2720, the Legislative Branch
Appropriations Act for Fiscal Year 2003.
The Senate bill provides $2.417 billion in discretionary budget
authority. Per tradition, that amount does not include funding for
exclusive House items, which will be added in conference. The
discretionary budget authority will result in new outlays in 2003 of
$1.935 billion. When outlays from prior-year budget authority are taken
into account, discretionary outlays for the Senate bill total l$2.547
billion in 2002.
The Appropriations Committee voted 29-0 on June 27 to adopt a set of
non-binding sub-allocations for its 13 subcommittees totaling $768.1
billion in budget authority and $793.1 billion in outlays. While the
committee's subcommittee allocations are consistent with both the
amendment supported by 59 Senators last month and with the President's
request for total discretionary budget authority for fiscal year 2003,
they are not enforceable under either Senate budget rules or the
Balanced Budget and Emergency Deficit Control Act. While I applaud the
committee for adopting its own set of sub-allocations, I urge the
Senate to take up and pass the bipartisan resolution, which would make
the committee's sub-allocations enforceable under Senate rules and
provide for other important budgetary disciplines.
For the Legislative Branch Subcommittee, the full committee allocated
$3.413 billion in budget authority and $3.467 billion in total outlays
for 2003. The bill reported by the full committee on July 11 is fully
consistent with that allocation. In addition, S. 2720 does not include
any emergency designations or advance appropriations.
I ask for unanimous consent that a table displaying the budget
committee scoring of this bill be printed in the Record at this point.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2720, LEGISLATIVE BRANCH, 2003
[Spending comparisions--Senate-Reported Bill (in million of dollars)]
------------------------------------------------------------------------
General
purpose Mandatory Total
------------------------------------------------------------------------
Senate-reported bill:\1\
Budget Authority................... 2,417 102 2,519
Outlays............................ 2,547 101 2,648
Senate committee allocation:\2\
Budget Authority................... 3,413 102 3,515
Outlays............................ 3,467 101 3,568
House-reported bill:
Budget Authority................... 2,674 102 2,776
Outlays............................ 2,856 101 2,957
President's request:\3\
Budget Authority................... 3,404 102 3,506
Outlays............................ 3,451 101 3,552
SENATE--REPORTED BILL COMPARED TO:
Senate committee allocatin:
Budget Authority................... -996 0 -996
Outlays............................ -920 0 -920
House-reported bill:
Budget Authority................... -257 0 -257
Outlays............................ -309 0 -309
President's request:
Budget Authority................... -987 0 -987
Outlays............................ -904 0 -904
------------------------------------------------------------------------
\1\ Per tradition, the Senate bill does not include funding for
exclusive House items, which will be added in conference.
\2\ The Senate has not adopted a 302(a) allocation for the
Appropriations Committee. The committee has set non-enforceable sub-
allocations to its 13 subcommittees. This table compares the committee-
reported bill with the committee's allocation to the Legislative
Branch Subcommittee for informational purposes only.
\3\ The President requested total discretionary budget authority for
2003 of $768.1 billion, including a proposal to change how the budget
records the accrued cost of future pension and health retiree benefits
earned by current federal employees. Because the Congress has not
acted on that proposal, for comparability, the numbers in this table
exclude the effects of the President's accural proposal.
Notes: Details may not add to totals due to rounding.
Prepared by majority staff, 07-25-02.
Mr. McCAIN. Mr. President, I thank the managers of this bill for
their hard work in putting forth this legislation
[[Page S7339]]
which provides Federal funding for the legislative branch.
In reviewing this bill to determine whether it contains items that
are low-priority, unnecessary, wasteful, or have not been appropriately
reviewed in the normal, merit-based prioritization process, I applaud
the Appropriations Committee for their fiscal restraint in including a
minimal number of such items.
For this legislation, only two locality-specific earmarks appear to
be included. The bill itself includes $200,000 for Southern Illinois
University for the purpose of developing a permanent commemoration of
the Lewis and Clark Expedition. And an amendment to this bill that was
adopted on the Senate floor provides $500,000 for the Alexandria Museum
of Art and the New Orleans Museum of Art for activities relating to the
Louisiana Purchase Bicentennial Celebration.
How refreshing it would be if the Appropriations Committee would
demonstrate the same fiscal responsibility they showed in preparing
this legislation in every one of the remaining appropriations bills.
Unfortunately, this bill is the exception to the rule, because, as
evidenced by the recently passed supplemental appropriations bill, the
runaway pork-barrel gravy train shows no signs of slowing down on
Capitol Hill.
We must remember that while the amounts associated with each
individual earmark may not seem extravagant, taken together they
represent a serious diversion of taxpayers' hard-earned dollars at the
expense of numerous programs that have undergone the appropriate merit-
based selection process. During this time of mounting deficits, we must
be more prudent about where we devote limited fiscal resources. I urge
all my colleagues to curb the habit of directing hard-earned taxpayer
dollars to locality-specific special interests.
The PRESIDING OFFICER. The Senator from Illinois.
Amendment No. 4320
Mr. DURBIN. Madam President, I send to the desk an amendment on
behalf of myself and Senator Bennett and ask for its immediate
consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Illinois (Mr. Durbin), for himself and Mr.
Bennett, proposes an amendment numbered 4320.
Mr. DURBIN. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. DURBIN. This amendment relates to the Capitol Police. It will
enhance their ability to recruit and retain officers as they struggle
to increase their strength while losing officers to other law
enforcement agencies. All these changes in the amendment have been
requested by the new Chief of Capitol Police, Terry Gainer, and the
Capitol Police Board.
Let me say briefly how proud we are that Terry Gainer is the new
Chief of Police. Those of us from Illinois and Chicago know Terry
Gainer well. He is a former member of the Chicago Police, legal counsel
for the Chicago Police Department, and superintendent of the Illinois
State Police. He came to Washington, DC, was second in command in this
the Capital City, and was then recruited to undertake this important
responsibility. I am certain he is going to do an excellent,
professional job considering the new challenges facing this department.
The new authorities in the amendment authorize them to hire new
officers without regard to age. There are technical corrections to
existing authorities regarding recruitment and relocation bonuses and
premium pay for unscheduled overtime. It also includes technical
corrections to the committee bill regarding the consolidated disbursing
function for the Capitol Police, salaries, appropriations. All of those
are technical in nature, and I urge the adoption of the amendment.
Mr. BENNETT. Madam President, as indicated by my cosponsorship of the
amendment, I endorse what Chairman Durbin has said and urge the Senate
to adopt the amendment.
The PRESIDING OFFICER. Is there further debate on the amendment?
Without objection, the amendment is agreed to.
The amendment (No. 4320) was agreed to.
Amendment No. 4321
Mr. DURBIN. Madam President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Illinois [Mr. Durbin], for Ms. Landrieu,
proposes an amendment numbered 4321.
Mr. DURBIN. Madam President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To set aside funds for activities relating to the Louisiana
Purchase Bicentennial Celebration)
On page 44, line 24, before the period, insert the
following: ``: Provided further, That, of the total amount
appropriated, $500,000 shall remain available until expended
and shall be equally divided and transferred to the
Alexandria Museum of Arts and the New Orleans Museum of Art
for activities relating to the Louisiana Purchase
Bicentennial Celebration''.
Mr. DURBIN. Madam President, the amendment would provide $500,000
within the Library of Congress appropriations for activities related to
the Louisiana Purchase Bicentennial Celebration. I urge its adoption.
Mr. BENNETT. Madam President, I have no objection to this amendment.
The PRESIDING OFFICER. Is there further debate?
Without objection, the amendment is agreed to.
The amendment (No. 4321) was agreed to.
Mr. DURBIN. Madam President, I move to reconsider the vote by which
the amendment was agreed to.
Mr. BENNETT. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 4322
Mr. DURBIN. Madam President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Illinois [Mr. Durbin], for himself, Mr.
Cochran, and Mr. Bennett, proposes an amendment numbered
4322.
Mr. DURBIN. Madam President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: Provide funding for the Congressional Award Act)
On page 28, line 11, strike ``$108,743,000'' and insert
``$108,243,000''.
On page 63, insert between lines 10 and 11 the following:
SEC. 312. TITLE II OF THE CONGRESSIONAL AWARD ACT.
There are appropriated, out of any funds in the Treasury
not otherwise appropriated, $500,000, to remain available
until expended, to carry out title II of the Congressional
Award Act 92 U.S.C. 811 et seq.).
Mr. DURBIN. Madam President, this amendment which we are currently
considering provides $500,000 for the recently reauthorized
Congressional Award Act offset by the reduction in the budget of the
Architect of the Capitol. I urge its adoption.
Mr. BENNETT. Madam President, I have no objection to this amendment
as illustrated by my cosponsorship.
The PRESIDING OFFICER. Is there further debate?
Without objection, the amendment is agreed to.
The amendment (No. 4322) was agreed to.
Mr. DURBIN. Madam President, I move to reconsider the vote.
Mr. BENNETT. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 4323
Mr. DURBIN. Madam President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Illinois [Mr. Durbin], for himself and Mr.
Specter, proposes an amendment numbered 4323.
Mr. DURBIN. Madam President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page S7340]]
The amendment is as follows:
(Purpose: To provide for a pilot program for mailings to town meetings)
On page 5, line 26, insert before the period ``, of which
up to $500,000 shall be made available for a pilot program
for mailings of postal patron postcards by Senators for the
purpose of providing notice of a town meeting by a Senator in
a county (or equivalent unit of local government) with a
population of less than 250,000 and at which the Senator will
personally attend: Provided, That any amount allocated to a
Senator for such mailing shall not exceed 50 percent of the
cost of the mailing and the remaining cost shall be paid by
the Senator from other funds available to the Senator:
Provided further, That not later than October 31, 2003, the
Sergeant at Arms and Doorkeeper of the Senate shall submit a
report to the Committee on Rules and Administration and
Committee on Appropriations of the Senate on the results of
the program''.
Mr. DURBIN. Madam President, this amendment, on behalf of Senator
Specter, provides up to $500,000 in the miscellaneous items account of
the Senate for a pilot program and additional funds for town meeting
notices, an issue which Senator Specter has pursued for quite some
time.
In the fiscal year 2002 appropriations, we provided separate funds
for town meeting notices subject to a Rules Committee authorization,
which has not yet occurred.
I would like to point out that Senators, on average, spend less than
half the amount budgeted for franked mail--less than $3 million out of
the $7.6 million budget. In addition, last year only a small number of
Senators used town meeting notices. No Member, other than the Senator
from Pennsylvania, has indicated the budget is inadequate. It doesn't
appear that we have a significant problem, but in order to determine
whether or not there is an interest in promoting town meetings with
notices attendant thereto, and how widespread that problem might be, we
have agreed to this pilot program for 1 year.
We have requested that by the end of the next fiscal year the
Sergeant at Arms and the Doorkeeper of the Senate shall submit a report
to the Committee on Rules and Administration and the Committee on
Appropriations.
Mr. REID. Madam President, if I may take a few minutes, I will be
very brief.
I wish to say a few things while the two managers of this bill are
here. I had the opportunity in several Congresses to chair the
Appropriations Legislative Branch Subcommittee. I can truly say that it
was one of the most rewarding experiences I have had as a Member of
Congress.
I understand how important the Library of Congress is to our country.
We have certainly learned that with this bill. We were going through
the years and there were cuts. No one wants to cut the Library of
Congress. It is so important to the people of our States and of our
Nation. Of the 13 appropriations bills, this one gets a lot of
attention. It is as important as any of the appropriations bills.
I want to take a brief period of time to tell the two managers of
this bill how impressed I am and how grateful I am for their
recognition of the Capitol Police. There has never been a time, in my
opinion, where we have recognized the dedication of the Capitol Police
as it is recognized in this bill.
We went through a ceremony yesterday where we placed roses on the
table in front of the pictures of the two fallen police officers--
Gibson and Chestnut. When we walk in this building every day, these
dedicated men and women are standing there, a lot of times not doing a
lot, but every day they are there waiting to take bullets for us or for
anyone who comes into this building which they are protecting. They do
such good work.
The Capitol Police Force is well trained. They are as well trained as
any police force in the country. As a result of this legislation, they
will be better trained, better paid, and better recognized for the work
they do.
I want this Record spread with the appreciation of the Senate and the
people of Nevada and every other State where people come here and feel
so safe as a result of the Capitol Police. As I said, I want the Record
spread with the appreciation of the American people for the work the
Senator from Illinois and the Senator from Utah have done on this
legislation. It is landmark. It is so appreciated by me and every
Capitol policeman. And anyone who knows anything about this
legislation--or could learn--would also feel the same as I do.
Mr. DURBIN. Madam President, I thank my colleague from the State of
Nevada for those kind words on behalf of myself and Senator Bennett. I
am glad he made reference to the memorial service yesterday for
Officers Gibson and Chestnut, because it is a sad reminder of the
important responsibility that the Capitol Police have undertaken on
behalf not only those of us who are privileged to work in this building
but the thousands and thousands of visitors who come here for the
thrill of a lifetime to see this seat of democracy. Those two men gave
their lives in service to our country. We should be reminded at all
times that all the members of the Capitol Police Force are prepared to
do the same.
There is no stronger advocate for the Capitol Police than Senator
Harry Reid of Nevada. He speaks to me annually when this issue comes up
to make certain we have not overlooked any element in terms of
modernizing and professionalizing the Capitol Police. He is simply
their strongest voice on the Senate floor.
I might also add that a close second is Senator Wellstone of
Minnesota, who has a close, personal friendship with so many of the
members of the Capitol Police. He comes to me regularly with
observations that really come from the heart. I thank him for his
inspiration as well.
I think this bill meets the needs of the Capitol Police. And as long
as I am in this position or in any capacity, I will continue to strive
for that goal.
I believe pending before us now is the amendment relative to the
account for mailing of town meeting notices, which Senator Specter of
Pennsylvania has asked us to include.
I yield the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. SPECTER. Madam President, at the outset, I thank my distinguished
colleagues, the Senators from Illinois and Utah, for holding this
matter until my arrival. I came as soon as I finished my round of
questioning of the Attorney General, who is currently before the
Judiciary Committee.
This amendment provides for $500,000 to be made available for a pilot
project for mailings of postal patron postcards by Senators for the
purpose of providing notice of town meetings in counties with
populations of less than 250,000.
The reason for this amendment is to stimulate town meetings by
Senators and to make us more aware as a body, individually and
collectively, of what our constituents are thinking.
Until fairly recently, there was no limitation on mail and notices
could be sent out to the largest of counties at a very considerable
expense as a matter of record, so that the public knew how much a
Senator was spending. Those figures were published with some frequency
as to the mail expense accounts.
My own thinking is that there is no better use of our expense
accounts than to communicate with our citizens about where we go
personally to hear what is on their minds. Within the beltway, we are
very insulated. In fact, people beyond the beltway do not even know
what the ``beltway'' expression means. However, when we talk to each
other, and do not communicate with our constituents, we do not have a
feel for what is going on. The basis of representative democracy is
that we are reflecting the will of our constituents. In order to do
that, we have to know what it is.
When I say reflecting the will of the constituents, I do not mean
taking a public opinion poll, or even if there is an enormous
preponderance of the constituents, to follow that without question. I
think Edmond Burke, centuries ago, laid down the proper standard, that
an elected official in a representative democracy owes to his
constituents his independent judgment. One of the factors Edmond Burke
enumerated was the concerns, sensibilities, and views of the
constituent.
These town meetings are very difficult affairs, perhaps even
categorized as rough affairs. I have done 19 of them during the month
of July, mostly during the Fourth of July recess.
My practice, which I know is standard for many of my colleagues who
undertake these meetings, is to make a very short introductory
statement, limiting it to five, six, or seven minutes, and then to
respond to questions.
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The questioning segment is the hot spot. I know the Presiding Officer
and the other Senators in the Chamber, and any who may be watching on
C-SPAN, know that because we have all had the experience.
This is not puff mail which you send out, where the effort has been
made to limit what a Senator can do, sending pieces extolling the
virtues of the individual Senator. This is an occasion where you are
really on the line and have to identify and justify your votes and your
positions.
Beyond the votes and existing positions, the town meetings acquaint a
Senator with many issues the Senator does not know about, and that is
the educational process. So it is not only a matter of responding to
constituents, rather it is learning from constituents what the new
issues are.
Since I completed the town meetings in July, I can say to my
colleagues that there is great interest out there in Pennsylvania--and
I believe Pennsylvania is a very representative State with more than 12
million people--about the need for a prescription drug program. The
seniors are really hurting. Many instances were called to my attention
by individuals who have low income with very high pharmaceutical bills.
This is something that is really at the very top of the agenda. Enron
and corporate scandals, prescription drugs, and terrorism were the
three major subjects I heard about in the town meetings.
I am hopeful--and I have talked to authors of the bills on both
sides--we will come to an agreement here and we will legislate on this
subject and let it go to conference with the House of Representatives.
I believe our job is to reconcile the differences. While we are talking
about substantial sums of money, in the overall picture, an
accommodation is better than having Senators adhere strictly to some
top-dollar figure and not go beyond that. I believe there is a majority
in the Senate to reach an accommodation somewhere between what the
proposed bills have specified. My soundings are that a prescription
drug program is something the American people not only want, but really
need.
Along the same line, I sense overwhelming anger about what is
happening in corporate America and what is happening with Enron and
WorldCom, which were the subjects during the Fourth of July recess.
This is not some theoretical matter about fraud and criminal conduct
that ought to be prosecuted, this is a matter which is reaching Mr.
Average American, Mr. Lower Income American, regarding retirement
funds, which have been fractionalized. I am glad to see the conferees
agreed on a program yesterday, with the Senate bill taking dominance.
Even with the work I have had as a prosecutor on fraud cases and
business fraud, I am surprised at what has happened here. Every day
there is a new revelation. For the major banks to be complicit, at
least according to public reports on Enron, is beyond shocking.
We really rely, in our society, on the accountants, the attorneys,
and the bankers, who are really in a quasi-fiduciary, if not strictly
fiduciary capacity, to catch these matters, and especially where it is
so lucrative. For them to yield to the pressure to cut corners and to
sanction fraud in order to keep a customer or to please a customer is
just really beyond the pale.
We have had a lot of problems in the long history of this country,
however, I think this is one of the most extraordinary. The day before
yesterday, we found out about the bankers being complicit, or allegedly
complicit, with Enron. We see the SEC investigation disclosed
yesterday, as stated in this morning's press, about AOL having
fraudulent transactions and boosting their profits fraudulently. It is
a surprise to me that an entity as sophisticated as Time Warner would
be taken in by corporate chicanery.
So these are matters which are very much on the minds of the American
people. You have to go to a town meeting and take the temperature of
the people to really see how very serious it is.
This amendment provides that $500,000 will be used to send out postal
patron notices, providing that the Senator pays 50 percent. So we have
a good co-pay provision here. Senators are not going to be inclined to
send these postal patron notices out without having to pay for one-half
of the cost themselves, with the critical requirement that the Senator
has to appear. The limitation is put on counties with fewer than
250,000 people because if you send it to a county such as Allegheny
County, which has Pittsburgh, or Philadelphia County, it is an enormous
expense. We can communicate with our constituents in those major
metropolitan areas in ways other than by coming to the county.
However, if you talk about Potter County, in north central
Pennsylvania, on the northern tier abutting New York State, or you talk
about Fulton County, on the Maryland border, those folks really like to
see you. You send out a notice, and you get 35 people, and you sit and
talk to them. I was in Forest County, and we did not get 35 people,
however, I learned a lot from being in Forest County. I think the
people in Forest County learned something, too.
So I thank my colleagues for accepting this amendment. We had it in
last year at a higher figure, subject to authorization. We could not
get the hearing worked out. However, I know that this is a test case. I
am going to be encouraging my colleagues to do these town meetings, so
when the audit comes up, my name is not the only name listed as a
recipient. We will await the results of the audit on the pilot program
to see just how effective and important this program is.
Again, I thank my colleagues and thank the Chair, and I yield the
floor.
Mr. DURBIN. Madam President, I thank the Senator from Pennsylvania.
If there is no further debate on this amendment, I urge its adoption.
The PRESIDING OFFICER. Is there further debate on the amendment?
Without objection, the amendment is agreed to.
The amendment (No. 4323) was agreed to.
Mr. DURBIN. I move to reconsider the vote.
Mr. BENNETT. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 4324
Mr. DURBIN. Madam President, I send an amendment to the desk on
behalf of Senator Dodd and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Illinois [Mr. Durbin], for Mr. Dodd,
proposes an amendment numbered 4324.
Mr. DURBIN. Madam President, I ask unanimous consent reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: Providing public safety, exception to inscriptions
requirement on mobile offices)
On page 9, between lines 17 and 18, insert:
SEC. . PUBLIC SAFETY EXCEPTION TO INSCRIPTIONS REQUIREMENT
ON MOBILE OFFICES.
(a) In General.--Section 3(f)(3) under the heading
``ADMINISTRATIVE PROVISIONS'' in the appropriation for the
Senate in the Legislative Branch Appropriation Act, 1975 (2
U.S.C. 59(f)(3)) is amended by adding at the end the
following flush sentence:
``The Committee on Rules and Administration of the Senate may
prescribe regulations to waive or modify the requirement
under subparagraph (B) if such waiver or modification is
necessary to provide for the public safety of a Senator and
the Senator's staff and constituents.''
(b) Effective Date.--The amendment made by this section
shall take effect on the date of enactment of this Act and
apply to the fiscal year that includes such date and each
fiscal year thereafter.
Mr. DURBIN. Madam President, this amendment amends title II of the
U.S. Code to authorize the Rules Committee to establish regulations to
waive or modify requirements on mobile offices for public safety
reasons.
Mr. BENNETT. Madam President, I am in favor of this amendment.
Mr. DURBIN. Madam President, if there is no further debate on the
amendment, I urge adoption of the amendment.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
Without objection, the amendment is agreed to.
The amendment (No. 4324) was agreed to.
Mr. DURBIN. I move to reconsider the vote.
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Mr. BENNETT. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. DURBIN. Madam President, unless the Senator from Utah has any
further amendments or modifications, I do not believe there are any
additional actions on the bill.
Mr. BENNETT. Madam President, one of the pleasures of handling this
bill is that there are almost always no additional amendments or
complications.
Mr. DURBIN. I thank the Senator from Utah and yield back all my time.
The PRESIDING OFFICER. Does the Senator from Utah yield back his time
as well?
Mr. BENNETT. The Senator from Utah yields back all his time.
The PRESIDING OFFICER. All time is yielded back.
The question is on agreeing to the committee amendment.
The committee amendment was agreed to.
The PRESIDING OFFICER. Under the previous order, the question is on
the engrossment of the amendments and third reading of the bill.
The amendments were ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Madam President, I ask unanimous consent that the vote on
passage of H.R. 5121, the legislative branch appropriations bill, occur
at 1:50 p.m. today, with rule XII, paragraph 4 being waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________